Florida Agriculture Commissioner Suing ATF Over Cannabis Prohibition on 4473

Florida Agriculture Commissioner Suing ATF Over Cannabis Prohibition on 4473, iStock-987175274
Florida Agriculture Commissioner Suing ATF Over Cannabis Prohibition on 4473, iStock-987175274

U.S.A.-(AmmoLand.com)- Florida’s Agriculture Commissioner Nikki Fried has always been a bit of an enigma in the Sunshine State. She’s the only Democrat elected to statewide office. She’s running for governor against the popular Republican incumbent, Gov. Ron DeSantis, if she can make it through a tight Democratic primary. Her office oversees Florida’s Concealed Weapon and Firearm Licensing program, and she’s a former lobbyist for the cannabis industry and a vocal cannabis advocate.

Fried has said publicly she possesses both a Florida CWFL and a state medical marijuana card – Florida is one of 37 states that have legalized medicinal cannabis. This has raised questions about how Fried purchases firearms, because of the cannabis prohibition on the 4473. The form asks would-be gun purchasers if they are an unlawful drug user, and it explains that cannabis is still considered an illegal drug under federal law:

“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

Lying on a 4473 is a federal crime punishable by up to five years in prison.

Now, according to NBC News, Fried is suing the Biden-Harris administration, the ATF and U.S. Attorney General Merrick Garland over the cannabis prohibition on the 4473, claiming that it violates the Second Amendment rights of lawful cannabis users. She brought the lawsuit officially as the state’s Agriculture Commissioner, on behalf of three Floridians who she claims were barred from purchasing firearms based upon their use of medical cannabis. The suit has yet to be formally filed – NBC says they were given a draft copy, which Fried’s staff said they hoped to file today, on 4/20.

“Medical marijuana is legal. Guns are legal. This is all about people’s rights,” Fried told NBC News. “And I don’t care who I have to sue to fight for their freedom.”

Recently, Fried’s campaign for governor has been flailing. She has changed up her communication staff but has yet to make significant headway against her primary opponent, Rep. Charlie Crist, who was recently endorsed by House Speaker Nancy Pelosi. Her 4/20 lawsuit could likely become a campaign issue since a majority of Floridians support both medical and recreational cannabis use, and millions have obtained CWFLs.

Fried has repeatedly stressed she is a “gun owner,” but her stewardship of the CWFL program has been plagued with problems and lawsuits. Fried has also supported a lawsuit that seeks to overturn Florida’s powerful preemption statute, which allows only the state legislature to regulate firearms. Any local government official who violates the preemption statute can face civil fines of up to $5,000 – which they must pay personally – in addition to removal from office.

“Once again, Florida Republicans are attempting to punish local governments for taking actions to protect their communities. The penalties imposed by this law are draconian and unconstitutional. I’ve said it before, and I’ll say it again: no one knows their communities better than those who are closest to the people. Republicans in Tallahassee need to stop punishing local officials for doing what their communities are electing them to do,” Fried said of the preemption statute in a statement last year.

The preemption statute is the bedrock for all of Florida’s pro-gun laws. If it is repealed, any county or city government could establish their own gun laws and gun-free zones. The lawsuit against the statute coincided with attacks on preemption statutes in other states, which were organized and funded by anti-gun groups.

This story is presented by the Second Amendment Foundation’s Investigative Journalism Project and wouldn’t be possible without you. Please click here to make a tax-deductible donation to support more pro-gun stories like this.


About Lee Williams

Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.

Lee Williams

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Stag

Good. Government has absolutely zero constitutional authority to dictate what substances adults can possess and/or use.

Wild Bill

Congress has absolute authority over interstate commerce.

Stag

Possessing and using is not commerce.

Russn8r

Producing-selling intrastate is not interstate commerce despite subversive ‘New Deal’ SupCt decisions like Wickard v Filburn.
https://tenthamendmentcenter.com/2020/07/17/three-supreme-court-cases-that-twisted-the-commerce-clause/

JSNMGC

Thanks for posting that article. Once they conclude they can regulate something they just grab for more power. Despite all the abuses, some people can’t resist giving government more power. They keep thinking government employees will use the power to do what they want. The impact on rights protected by the 4th amendment was devasting after people gave government employees more and more power to prosecute the “war on drugs.” Just 20 more years, billions of dollars more, more enforcers, more laws, more rulings indicating people have to submit to searches, give up their assets, pay lawyers, etc., etc. and… Read more »

Russn8r

Drug Warriors & Oathbreakers LOVE subversion of the Bill of Rights & INTERSTATE commerce clause so they can collaborate with their federale “partners” with impunity.

JSNMGC

“Southern” LEOs do not cooperate with the BATFE.

Do not read the thousands of press releases or you will be in a heap of trouble, boy:

https://biloxi.ms.us/departments/police-department/

swmft

drugs are still a problem , more people died of overdoses in Massachusetts than covid education is and has always been the answer , what we have now is a vestage of the temprance movement that just wont go away

Wild Bill

The federal prosecutor would argue that the substance or some part thereof came through, touched, or concerned interstate commerce. Your defense team would argue that you made it from elements that did not come through, touch, or concern interstate commerce.
A lot would depend upon the trial judge’s rulings, but the appeal lawyer on your defense team could use adverse rulings for his appellate briefs.

Russn8r

Drug warrior strawman deflection.

swmft

the dea has also planted evidence , used civil asset forfeiture (with help of local law enforcement) against the families of suspected criminal to get them to testify ,even if false that what the government says is true. so yes government agents are guilty of subversion

john

This how Democrats think federal judge rules mask mandate on public transportation illegal LA NY reinstate the mandate. Election in November democrats in NY 5 judges the democrats changing of voting districts unconstitutional. Democrats not enough time to change the maps or the damage so they are will to move forward against 5 judges that said you broke the law. November midterms are already being rigged by democrats. ”Democrats say the new maps protect minority voting rights” – Translation, “Gerrymandering.  A panel of five judges wrote that Democrats unconstitutionally drew up congressional districts “to discourage competition or for the purpose of… Read more »

swmft

people should vote with a rope around politicians neck

Patriot Solutions

I can name big corporate employers in Colorado who will tell employment candidates how to pass a drug test for weed so they can be hired and when Colorado legalized weed law enforcement went on a rampage to bust people for weed related offenses so the DA’s quietly adopted the policy of non-prosecution for weed related offenses which put the kibosh on the cops. Since SB 271 passed, Pueblo PD has been bitching that they can’t criminally charge dope (hard drugs) dealers and car thief’s with gun charges because those are no longer qualifying offenses. The funny part is that… Read more »

TGP389

The prohibition is bad thing, but we don’t need Nikki. Fried. She is NOT pro-2A.

Russn8r

She’s elected; can’t just fire her. She’ll be gone this yr, replaced by an NRA gun grabber who authored Red Flag & killed ConCarry.

https://www.thetruthaboutguns.com/nra-and-unified-sportsmen-of-florida-endorse-betrayer-wilton-simpson-author-of-parkland-gun-control-bill/

“Groups attacking Wilton Simpson should stand in line to thank him. Sabatini’s bill wasn’t heard because he never requested it. Chuck Brannan is a solid A, true friend to gunowners & 2A.” ~Marion Hammer

https://www.ammoland.com/2022/03/why-did-florida-constitutional-carry-fail-again/

musicman44mag

just a little off topic but not. Remember Hunter and the gun, drugs and the ATF covering for him? Right now Johnny Depp is stating under penalty of perjury that he has taken drugs multiple times and is a constant drug user, in addition he has had medical attention for psychiatric problems, wonder why or what the problem could be that cause it? Does he have a carry permit, does he have guns in his home? I am worried that his safety and anyone around him is in jeopardy because of poor drug induced decisions and violent actions. I think… Read more »

FORD Will

depp has bodyguards’, Just like secret service for the FEDs OR body guards. ANY and ALL of these need to be stopped if they anti-gun.

musicman44mag

This whole pot and gun thing is so stupid. Booze is not against the law. Guns are not against the law, YET! But pot is!!!!! It is against the law to drink and shoot. In some states it is against the law to go armed into a bar even with a permit. In some states there is a clause that says that business has to make more from the restaurant section than it does the bar and you need to set in the restaurant section if you are carrying. In some states it is against the law to have a… Read more »

Russn8r

Not to WB: “recreational drug use is a person you can’t rely on”

He doesn’t trust you if you use skunk weed or alcohol, responsibly or not.

Doc

This woman is grandstanding, pandering to the media trying desperately to save her campaign. She has been a persistent problem concerning CWL. On more than one occasion it has been shown that she has approved a female’s application while delaying indefinitely a man’s. Florida is a “Shall Issue State.” Her position concerning CWL should be nothing more than a rubber stamp. There are State offices that handle the applications by appointment. You go there with your Certificate of completed training (which includes actually firing a handgun). They take your picture, take your finger prints, go over your application making sure… Read more »

KenW

While I’m not anti-pot, cannabis is not as harmless as some want us to believe. This is a good read on that:

Tell Your Children: The Truth about Marijuana, Mental Illness, and Violence (alexberenson.com)

Last edited 1 month ago by KenW
swmft

you know it is demoncrat

DDS

California and Massachusetts don’t have a lock on moonbats.

Cannabis and its various byproducts, rightly or wrongly, are still illegal under Federal law. The relevant language on the 4473 reflects the existing Federal laws covering drugs and firearms. This is not an area where BATFE just pulled stuff out of its “bellybutton.”

She’s tilting at windmills filing suit against BATFE for a problem that Congress would have to fix.

Last edited 1 month ago by DDS
KenW

“She’s tilting at windmills filing suit against BATFE for a problem that Congress would have to fix.”
This is essentially what I posted on Lee Williams’ bog, that this was a legislative issue, and that Fired was just political showboating.

swmft

hope it catches her in a federal court and she gets to see the inside of a cell

moe mensale

The licensing program used to be under the Secretary of State when it was an elected position. Beginning in 2002 the SoS became an appointed position and the program was placed under the elected Commissioner of Agriculture & Consumer Services.

TexDad

Nothing to do with rights and everything to do with getting elected.

JSStryker

Yeah she is just trying to pander to the 4/20 crowd.

TexDad

Exactly, as well as soften opposition from the RKBA crowd.

It’s not a dumb move, but it’s for her and not for anyone else.

john

Nikki Fried Another democrat that seems to be above the law being under the influence while in Florida law 790.151 prohibits carrying a firearm while under the influence of alcohol or a controlled substance. Also driving a automobile would fall into that category. Since this is medical marijuana which is controlled by the state of Florida she has broken both, a federal law lying on the application for her ccp background check and some state laws. Florida when it comes to the state law as you do not need a concealed carry license to buy a gun as a florida… Read more »

musicman44mag

Your bottom line is so correct. Rule, not govern. Welcome to Obidens NWO of the USSA. I’m not buying it.

Cruiser

Drugs and firearms is never a good mix.
MJ is still illegal.

Last edited 1 month ago by Cruiser
TexDad

I don’t think anyone’s arguing the two should be used simultaneously.

It’s like urinalysis for employment. Why should someone be fired because their employer found out they were high two weeks ago? What does that have to do with whether they’re fit for duty when they report for work?

Wild Bill

Non-drug use might be in the contract or “At Will” employment where the employer can fire the employee without cause or even prior notice.

TexDad

It certainly is. But why?

Wild Bill

Do you mean why would someone be fired if their employer found out that they were high two weeks ago? Well, I can not speak for all the employers out there. I would only be guessing.

TexDad

Ok, let me ask it more pointedly. Let’s stick to marijuana with no evidence that a worker has been under the influence while on duty.

Does such a positive drug screen give an employer any legitimate concern in regard to the worker’s fitness for duty? If so, how?

The only argument with any merit for the affirmative I’ve heard has been that it demonstrates willingness for unlawful behavior. Being it’s an entirely malum prohibitum type law with ever waning support, I don’t find that argument compelling in the slightest.

Wild Bill

I run a ranch. We seldom hire. My prior experience is all Army. I have commanded squads, platoons, companies, and a battalion.
An employer runs the risk of bankruptcy. We ran a different risk. Thus, my experience is only analogous at best. Would you still be interested in my opinion?

TexDad

Is just be talking to myself if I wasn’t. What do you think?

Wild Bill

In my commands, I wanted to see personnel that dedicated themselves to perfecting the skills of their MOS, taught those skills to those below them; and learned the job of the soldier above them in the chain of command. There is no room for toxic personalities, laziness, self centered narcissists, or recreational drug use because the enemy always gets a vote.

TexDad

I can’t argue with that. I even agree with it.

However, Wal-Mart is testing their workers for off-duty marijuana use when off-duty cocaine and alcohol use wouldn’t likely be detected and are far more dangerous. I think that’s too much.

I want to mention I choose not to use drugs, and I think others should as well. I just think employers and the government should mind their own business when it comes to what people do on their own time.

Wild Bill

And what would you say to your children if they chose to use an array of drugs recreationally on their own time?

swmft

give them a list of possible and permanent known side effects ,and ask them how miserable they want their life to be what risk are they willing to take

TexDad

I am their father. That IS my business.

Edit: I see that this can be taken two ways. I meant to say that it is my business as opposed to the government’s or the employer’s. I don’t mean it the other way as to shut down your question.

Last edited 1 month ago by TexDad
Wild Bill

Of course it is your business. I am only asking about your plan. It is difficult to tell young people no is “It is legal. The kids at school is doing it. The parents do it” Television, the media, and entertainment videos and teachers portray it favorably. Whatever the it may be.

swmft

the best thing you can tell them is to observe these people and see if their actions seem stupid or careless more than not. you have to teach risk assessment so your children can navigate life , with luck they will make good choices ……..I have helped bury children of people I have known dont wish it on anyone

TexDad

Ah, I didn’t add that edit in time. I apologize, I did not mean to shut down your question. I meant to say that the responsibility to set my kids straight on drugs rightly and necessarily rests on my shoulders, not the government’s. I speak to my kids about drugs and I make choices regarding who else gets to present information to my kids about drugs. Ultimately the choice will be theirs, but I am here to guide them away from danger and, if it must be, help them recover from their failures and move forward on the right path.… Read more »

Wild Bill

You are a good dad, but I hope that you tell them about the legal consequences, too.

willyd

I served in Vietnam; I never liked the M-16, almost met the maker twice from one, first design with no charging assist, I inherited an m-60 from a real POT-HEAD, took over a week to get it to even work, piston was in backwards and seized, lots of work and got it to work, was my faithful companion for the next 11 1/2 months, so as far as any Pot no thanks, I came out from Uncle Sam’s Army and took the profession of driving a truck, subjected to physicals every two years and subjected to random drug testing at… Read more »

Wild Bill

Good example of the unreliablity of recreational drug users.

swmft

any drug use can endanger others when heavy machinery is in use lack of sleep any impaired judgment watched an fpl crew drop a 100 foot concrete pole on a house lucky no one was in the way when it fell they used the wrong rigging pole spun destroyed the crane rigging went flying and down it went rushing to finish

TexDad

A valid point, if impaired while on duty. Off duty use is no different than drinking on the weekend. Get adequate rest and comply with the rest of your Fitness-for-Duty program, and marijuana is less dangerous than alcohol or cheeseburgers.

The 4473 and urinalysis for workers go beyond those concerns into “because we said so” territory.

Wild Bill

Children are notorious for doing things that they see on TV, falling, jumping, bicycle accidents, infesting something, playing with things that they should not, touching really hot things, drowning in small amounts of water, interacting badly with animals, poor electricity use, getting beat up by older kids, and kidnapped. Sometimes Mother Nature comes calling.
And if an emergency arises while the user is recreationally disabled?

swmft

then reality takes its due

TexDad

Well… there’s plenty of it on TV now, illegal or not.

I suppose those emergencies wouldn’t be much different from emergencies arising from being recreationally
disabled (impaired) from alcohol, although one of these two types of drug users is much more likely to chill out on a couch for the duration of their impairment.

Wild Bill

Leadership requires watching those guys too. But I have noticed, and it just might be me, when the chips are down and the unit is facing the real thing and you have to succeed … give me the whiskey drinkers every time.

Tackleberry

One of the sad truths to operations in Iraq was that after a firefight we’d go in and find their staging areas only to see time and time again that there were used meth and other needles are strewn about. They needed their “fortitude” before going into battle. It was usually a very one-sided affair and few of them lived to fight the next battle. The induced courage they needed also had the effect of letting them believe they were Superman and could do anything on the battlefield. In reality, they did a lot of very stupid things that usually… Read more »

JSNMGC

Some people handle alcohol better than others. Armed government employees (especially sheriffs – they are elected) seem to have an innate ability to have a drink and conduct themselves appropriately even when in grave danger (is there any other kind?): “’That’s frickin bullshit.’” ‘I reach in and pull the driver out by the hair,’ Rowland told investigators, according to court documents. ‘I say, ‘Who the fuck are you?’ And I do have a gun in my hand, but I still have my finger on the slide.’ Rowland told investigators he pointed the gun at the woman’s head. The woman later… Read more »

JSNMGC

Reply on hold.

I’ll try skipping the quote (you can read it all at the link).

Some people handle alcohol better than others. Armed government employees (especially sheriffs – they are elected) seem to have an innate ability to have a drink and conduct themselves appropriately even when in grave danger (is there any other kind?):

https://www.eastidahonews.com/2021/12/sheriff-charged-with-felony-aggravated-assault-after-allegedly-threatening-youth-group-with-gun/

musicman44mag

You left out the really smart stuff like licking the belly of a toad, or smoking bath salts or the poo pouri and the best and smartest one of all, Tide Pods. Oh, yummy.

Wild Bill

OMG!!

musicman44mag

By the way. I found 45lc with snake shot and yes they do make the caps that get filled with snake shot so you can load them. I would use a die that is designed for a fairly flat bullet rather than rounded. I was thinking about how would you reload them. I think you could fill the cap and then put a piece of scotch taper over the end so the bbs don’t fall out. It is in the manuals from what I read though.

Wild Bill

I was going to use hot wax.

musicman44mag

I don’t know if that would ruin any of the powder but that is a thought, maybe put s little piece of cotton in between or make a thin paper spacer?

I once had a squib. I put three grains in a load of H6 and shoved cold wax into the 357 case. Made a jig to hold the gun on a fence post, filled the barrel with water and pulled a string to fire the trigger. Pushed the bullet right out. I know cold wax works.

Wild Bill

Cool. I’ll try it.

john

Little un packed cotton between the shot and the waxs works nicely.

swmft

marijuana can be positive for some but can cause permanent lethargy, everything in nature can be good or bad ,sometimes once is deadly so life is risk assessment

TexDad

Agreed, choices have consequences, but that doesn’t make it the government’s business, and if it doesn’t affect fitness for duty, then it’s not the employer’s business either.

willyd

I have friends that were involved with drugs when younger, now later in life some have passed away with medical problems that were traced back to their drug uses, and others are still facing medical problems today! I had my children and had the Rock & Roll, Drug & Sex talk when they got into their teen years, not to the liking of my wife, but the end result is that my children turned out okay and have their own children and have told me that they will be going the same way when the time come to have that… Read more »

Wild Bill

The very fact that one needs recreational drug use is an affect on fitness for duty.

Wild Bill

Perhaps on an individual scale, but on a national scale … Congress can use its commerce power to interdict a schedule of drugs.

musicman44mag

I worked in state government in kommiefornia. Since it was CSEA/SEIU union, if you were found to be under the influence of MJ in 1990, you would be required to go to a drug rehab program and face occasional testing if they made it part of the requirement and you signed it. Then medical MJ came into play. We had people high at work that wreaked but nothing could be done because they had a prescription. If their work was trash it didn’t matter so long as they were not white and were in favor with management. P.S. anyone not… Read more »

Russn8r

“recreational drug use is a person you can’t rely on”

WB doesn’t trust you if you use skunk weed or alcohol, responsibly or not.

Last edited 1 month ago by Russn8r
TStheDeplorable

I’m pretty sure Form 4473 misstates federal law. Of course dealing marijuana remains a federal crime. But using and possessing for personal use is only illegal on federal properties. There is no national ban on all marijuana use. But 4473 says that personal use is illegal under federal law. Unless you are filling out that form while on federal property, the form is just incorrect. I believe that a ban on possession while intoxicated, or while addicted to intoxicants, would be affirmed as a reasonable restriction on the right to keep and bear arms (I’m not saying I agree with… Read more »

swmft

diabetics and any sugar = road rage so where is the line? I know more than one ex leo who do not carry because they have pulled their gun in traffic, one was on the job when it happened ,he transferred to horse back then marine patrol to reduce contact with people

Wild Bill

Diabetes is a disease. Intentional recreational drug use is a person that you can not rely on.

Russn8r

Alcohol is intentional recreational drug use. Prude much?

Wild Bill

You have obviously never been in a desperate situation. Someone else provided your security, Well, good for you.

Russn8r

Bzzz. Wrong. When you allegedly ran a battalion, you had no tolerance for recreational use of the drug called alcohol? Prescription for surrounding yourself with insufferable dweebs.

BTW is there such a thing as unintentional recreational drug use? LOL

Last edited 1 month ago by Russn8r
swmft

yes when dea burned drugs in incinerator in fort Myers and the wind changed toward the city, wounder how many diseases are caused by the combination of burning chemicals

Last edited 1 month ago by swmft
swmft

someone with out of control diabetes is not reliable , they can fly into a rage that they have no control over

moe mensale

“There is no national ban on all marijuana use.”

Guess you’ve never heard of the Controlled Substances Act of 1970.

swmft

the thing that is funniest about controlled substances act ,dea cant use chevron difference to make new drugs illegal have to wait for congress to add them or amend the law hummmm dea cant save lives but atf can infringe on a right???? that does not pass the smell test

swmft

the 1970 law just sets up a schedule of drugs, and makes previous laws uniform (more or less) mj has been illegal since 1930s Federal Bureau of Narcotics started in the teens remember this was the time when alcohol was made illegal too

Last edited 1 month ago by swmft
WeWereWarned

I, a 6’5 245lbs White man can say that I identify as a 4ft tall Chinese lady, and that lie is legal on 4473. It has no legal weight anymore, since it is legal to lie on federal forms now. Every weekend our kids don’t have sports, there are intoxicated armed folks in our garages. At the end of the night, it is a stoner that will be in the best shape to drop a low income minority threat to us. We live out West and are not boomers, so the 2nd Amendment and USCode 18 242 means there is… Read more »

swmft

your order on drug control is wrong, it started at same time as prohibition

Arny

She does realize people with DUIs also lose their right to 2A ? Which is insane. But let her open the Pandora box. I know quite a few people that would like to get their right back. lol

hippybiker

Nikki Fried= Cant Understand Normal Thinker!

linkman
Russn8r

Using Covid fears as an excuse.

Russn8r

Sadly “Republicans” are running Marion Hammer’s pet gun grabber Wilton Simpson for her AG seat (wrote FL’s Red Flag law, helped Chuck Brannon block ConCarry). 🙁

“Groups attacking Wilton Simpson should stand in line to thank him. Con Carry wasn’t heard because Sabatini never requested it. Chuck Brannan is a solid A, true friend to gunowners & 2A.” ~Marion Hammer