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Two Republican congressmen are challenging the basis of the conviction of President Joe Biden’s son Hunter for purchasing a gun while being a consumer of illegal drugs, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted.

After a federal jury found Hunter Biden guilty of three felony charges related to his purchase of a firearm while being a user of crack cocaine on Tuesday, Rep. Thomas Massie (R-KY) said he “might deserve to be in jail for something, but purchasing a gun is not it.”

“There are millions of marijuana users who own guns in this country, and none of them should be in jail for purchasing or possessing a firearm against current laws,” the congressman said.

This past December, attorneys for Hunter Biden called on a federal court to dismiss the case against their client based on a similar principle, arguing that prosecutors are applying an unconstitutional statute that would criminalize millions of marijuana consumers acting in compliance with state law if broadly enforced.

The federal statute banning people who use cannabis from buying or possessing firearms has been challenged in multiple federal courts over recent years, with one case pending a review in the U.S. Supreme Court.

In this case, with Hunter Biden, the substance at issue wasn’t marijuana, but Massie was also more broadly criticizing the question on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form that deprives people of their Second Amendment right if they admit to being an unlawful user of a controlled substance.

Massie has long advocated for gun rights for cannabis consumers, and he’s consistently criticized his party for failing to act on marijuana reform. He also sponsored the first piece of marijuana reform legislation for the 118th Congress last year, proposing to allow medical cannabis patients to purchase and possess firearms.

Read more at Marijuana Moment