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Federal lawsuit: ‘Give U.S. medical device patients their gun rights’

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Millions of medical cannabis patients subject to discrimination in federal rights gained a new ally on 4/20.

On Wednesday, Florida’s top elected Democrat, Agriculture Commissioner Nikki Fried, File a lawsuit against the Biden administration To affirm the rights of patients in medical utensils to have access to firearms.

“Medical marijuana is legal. Guns are legal. This is about people’s rights and freedoms to enjoy both responsibly.

In 2018, Florida voters elected Fred to the only state office held by a Democrat. She ran as a pro-cannabis candidate. In her role as agricultural commissioner, her office oversees concealed carry permits and regulates parts of the medical marijuana program.

Cannabis + gun ownership = felony

According to Fred’s office, there are 2.5 million concealed-weapon permit holders in Florida. As of April 15, Florida Office of Medical Marijuana Use Reports 707, 933 active medical marijuana users.

More gun owners for medical cannabis patients across the United States are violating federal law, which prohibits users of controlled substances from owning guns. Marijuana is a federally illegal, Schedule I drug, and this is a state order in 18 states. More than 35 states have some practical medical cannabis laws.

At a news conference on Wednesday, Fried said patients across the country face potential criminal charges for lying about a federal concealed weapons permit application.

fried lawsuit It targets a federal form that you must complete to purchase a concealed weapon from a licensed dealer. Question 21 (e) The form asks you, “Are you an illegal user of or addicted to marijuana or any other depressant, stimulant, narcotic, or other controlled substance?” The question also contains a caveat reminding applicants that marijuana use and possession remain illegal federally, regardless of state-to-state legal, medical, or adult use status.

According to Fred’s lawsuit, the regulation is unconstitutional, violates and imposes “an impermissible burden on the Second Amendment rights of medical marijuana users in Florida who comply with state law.” The lawsuit also alleges that the rule violates the Rohrabacher-Far Amendment, which prohibits the Department of Justice from interfering with the enforcement of state medicinal cannabis laws with federal funds.

Fried’s lawyers describe the regulation as “illogical, contradictory, and illogical,” and say it prevents it from “ensuring that Florida residents receive state rights relating to them.”

Three individuals appeared to complain with Fried. Two medical marijuana patients: a former military reserves veteran and a single mother of three; An elderly man who runs the plumbing business. The third is a retired police officer who refuses to choose between Florida’s medical marijuana program and his Second Amendment rights.

At a press conference at the Benzinga Cannabis Capital Conference in MiamiFried said she has a medical marijuana license and a concealed carry permit. Fried said Florida law protects patients who own guns. The lawsuit revolves around national law and how it forces eligible patients to choose between “access to their state constitutional rights to cannabis as a drug or Second Amendment rights to the Federal Constitution.”

Fried is also the 2022 Gun Sense nominee for Moms Demand Action – a grassroots, nonpartisan movement to reduce gun violence. The Gun Sense candidate promises to “govern with gun safety in mind” by advocating for “safer communities and better gun laws.”

Ultimately, Fried positions herself to be the most progressive candidate for governor in Florida. Before she ends 4/20, she tweet a picture of herself holding a marijuana leaf inside a grow house, with the caption: “As governor, I will legalize weed.”

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