NASHVILLE, Tenn. (WKRN) — The Supreme Court of the United States will soon take up a case that asks one of the most polarizing questions in American law: Can people who use marijuana be banned from owning a gun, or does that go too far?

The ruling could have major implications for states like Tennessee, where gun ownership is part of daily life and marijuana remains illegal under both state and federal law.

At the center of the case is the same federal statute used to convict former President Joe Biden's son in 2024. The law bars anyone who uses or is "addicted to" controlled substances from possessing a firearm. The justices are now being asked to decide whether that ban violates the Second Amendment.

"This is not a liberal or conservative issue on marijuana," said criminal defense attorney David Raybin of Raybin & Weissman in Nashville. "This is a liberal-conservative issue on firearms."

Even among the southern states, Tennessee stands out as one of the few without any form of legalized marijuana. Raybin notes that striking down the federal rule wouldn't change that, but it could reshape how prosecutors handle gun cases tied to drug use.

"You cannot have a gun if you are addicted to or using drugs including marijuana," Raybin said. "If they strike that law down, they can have a firearm, assuming they can have a firearm for every other reason."

Raybin said the case before the court isn't really about marijuana at all; it's about precedent.

"I think a conservative court will strike this down because remember, this is not a marijuana issue. It's a gun issue," he said. "Firearm rights are equated with freedom of speech, the right to go to church; that's how high the court holds it."

If the law is overturned, it could remove a frequently used tool from prosecutors' hands.

"It will remove a tool that the prosecutors have to charge people, but that is a very ambiguous statute," Raybin said.

Raybin believes the highest court may just strike the law down altogether, not because of precedent.

The Supreme Court is expected to hear arguments early next year with a decision by summer.

News Source : https://www.wkrn.com/news/tennessee-news/pot-or-precedent-supreme-court-to-decide-whether-marijuana-users-can-own-guns/