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The U.S. Supreme Court on Monday heard oral arguments in the challenge to laws prohibiting cannabis consumers from owning firearms. The government is challenging a 5th U.S. Circuit Court of Appeals decision to toss felony charges against Ali Daniel Hemani, a Texas man who allegedly possessed a firearm and admitted to regular cannabis use. The circuit court had dismissed the charges as a violation of Hemani’s 2nd Amendment rights, citing a landmark 2022 Supreme Court ruling that broadly expanded citizens’ gun rights.

During the arguments, conservative Justice Amy Coney Barrett, a member of the majority in the 2022 case, questioned whether the law could be upheld based on comparisons with historical laws that could temporarily disarm “habitual drunkards,” according to an NBC News report. She noted that just because some uses of a drug are illegal under federal law does not mean that it renders the user dangerous. She questioned whether someone who takes the sleeping aid Ambien or the anti-anxiety medication Xanax without having a prescription, which would be illegal.

“Is it the government’s position that if I unlawfully use Ambien or I unlawfully use Xanax, then I become dangerous? What is the government’s evidence that using marijuana a couple times a week makes someone dangerous?” — Barrett during oral arguments via NBC News

Conservative Justice Neil Gorsuch, another member of the 2022 majority, also brought up the historical comparison with “habitual drunkards” in his questioning of Principal Deputy Solicitor General Sarah Harris.

“John Adams took a tankard of hard cider with his breakfast every day,” Gorsuch said during his remarks from the bench. “James Madison reportedly drank a pint of whiskey every day. Thomas Jefferson said he wasn’t much of a user of alcohol. He only had three or four glasses of wine a night.”

Gorsuch also wondered whether Hemani would even be considered a habitual cannabis consumer because he only consumed cannabis a few days a week.

Chief Justice John Roberts seemed skeptical about ruling in Hemani’s favor, considering that a favorable ruling could open the door to defendants to challenge their prosecutions under the law on a drug-by-drug basis. He said such a ruling “takes a fairly cavalier approach to the necessary consideration of expertise and the judgments we leave to Congress and the executive branch.”

TG joined Ganjapreneur in 2014 as a news writer and began hosting the Ganjapreneur podcast in 2016. He is based in upstate New York, where he also teaches media studies at a local university. More by TG Branfalt