What Hunter Biden's Verdict Means for Cannabis Users

I wrote about Robert Hunter Biden’s indictment for violation of federal gun legal guidelines in a put up entitled “What the Hunter Biden Indictment Means for Hashish Customers” again in September 2023. On June 11, 2024, a jury in a federal district court docket in Delaware discovered Hunter responsible of three felony counts. At present I need to have a look at how this might have an effect on hashish customers.

Hashish legalization and gun management legal guidelines

Beneath is a listing of prior posts from our weblog on the intersection between hashish legalization and federal gun management legal guidelines, which give loads of background to what this put up discusses:

With out rehashing these prior posts, the principle problem is that federal regulation prohibits possession or possession of weapons by individuals who’re hooked on or unlawfully use managed substances. This contains hashish, even in states the place it’s authorized, and even whether it is for purely medical functions. In truth, the ATF’s required type to buy a firearm states this clearly.

In 2022, the US Supreme Courtroom rendered a call in New York State Rifle & Pistol Affiliation, Inc. v. Bruen, which modified the assessments courts use to find out whether or not legal guidelines infringe the Second Modification.

Following Bruen, quite a few federal court docket challenges have been lodged in opposition to the federal prohibition on gun possession or possession by hashish customers. Many of those cannabis-related challenges have been profitable. In truth, federal courts have already discovered completely different federal firearm restrictions unconstitutional, and the US Supreme Courtroom is anticipated to rule on an identical problem (not cannabis-related) this month.

In different phrases, it’s doubtless that within the subsequent few years the US Supreme Courtroom will take into account an attraction relating to hashish customers’ gun rights. Based mostly on my overview of the present panorama of choices, I imagine the US Supreme Courtroom would maintain that hashish customers nonetheless have Second Modification rights, however it will qualify that call by permitting restrictions on possession by individuals beneath the affect of hashish.

The Hunter Biden matter

Now, how does this relate to Hunter Biden? Hunter’s case concerned allegations that he was hooked on crack cocaine (not hashish) when he bought a firearm. Two of the fees associated to false statements on governmental kinds, and one associated to possession of a gun in violation of federal regulation. As talked about, the jury discovered him responsible on all three costs.

As soon as the Delaware court docket sentences Hunter, he’s more likely to problem the above-mentioned federal legal guidelines on the grounds that they’re unconstitutional beneath Bruen. Whereas crack is clearly a lot completely different from hashish, federal gun management legal guidelines deal with all managed substances the identical. In different phrases, the regulation that Hunter was discovered responsible of violating would additionally apply to equally located hashish customers. Likewise, if the regulation is held to be unconstitutional with respect to drug customers, it will doubtless apply equally to Hunter and hashish customers.

All that mentioned, the problem for Hunter will likely be in the truth that he was charged for mendacity on a federal type. Even when the prohibition on gun possession by drug customers had been held unconstitutional, there may be nonetheless the issue that what he wrote on a federal type was not correct. That is additionally a difficulty that a few of the hashish challengers might face as effectively.

What’s subsequent for hashish customers and gun management legal guidelines

In the end, these federal challenges have an extended technique to go, and there may be at all times the likelihood that he’s pardoned earlier than an attraction is exhausted. That mentioned, it’ll be fascinating to look at people from very completely different political persuasions linking as much as problem federal gun legal guidelines. As at all times, we’ll preserve posting with extra updates, so keep tuned to the weblog.