Nikki Fried’s Challenge To Firearms Prohibition For Medical Marijuana Users Fails

TALLAHASSEE, Fla -(Ammoland.com)- Florida Commissioner of Agriculture Nikki Fried’s challenge to the federal law that forbids the users of marijuana from owning guns has failed.

Ms. Fried, a Democrat, is a former cannabis lobbyist and a concealed carry permit holder. She sued the United States Department of Justice over the federal law that prevents marijuana users from owning firearms. She claims the law violates Florida residents’ Second Amendment rights. Concealed handgun permits in Florida are handled by the Florida Department of Agriculture & Consumer Services.

According to federal law, users of illegal drugs, including marijuana, are prohibited from owning firearms. Marijuana has been decriminalized in states across the country, leading to an explosion in the marijuana industry. The plant has been used to treat various illnesses, from cancer to glaucoma. Apart from medical uses, the drug has also been decriminalized for recreational use in multiple states.

Even though more and more states are decriminalizing weed, it doesn’t mean it is legal on the federal level.

Even though federal law trumps state law allowing the drug enforcement agency (DEA) to take action against the sellers and users of marijuana, the federal government has been reluctant to prosecute violators of the law. But the government has been quick to act against firearms owners that hold medical marijuana cards. One example is when Hawaiian gun owners with medical marijuana cards received letters stating they had to choose between owning guns or using their medicine.

Also, anyone who purchased a gun from a federal firearms licensee (FFL) while using medical marijuana technically committed a felony that could send them to prison. Lying on a form 4473 has sent people to jail. The 4473 asks if the gun owner is a user of marijuana. The form doesn’t separate medical marijuana from recreational uses of weed. If a gun owner checks yes, the FFL cannot transfer the firearm, so many choose to mark “no” even though they have a prescription for marijuana.

Nikki Fried is no friend to gun owners, but she is deeply rooted in the marijuana industry.

She sued in hopes of gutting the government’s power to enforce laws against cannabis. The lawsuit cited the Rohrabacher-Farr Amendment that prevents the DOJ from using federal money to prevent states from carrying out their own medical marijuana laws. The plaintiffs claim that the prohibition of firearms ownership for medical marijuana users ran afoul of the Amendment.

That challenge has now failed. A federal district judge dismissed Fried’s Constitutional challenge to the law. Judge Allen Winsor cited that just because federal authorities do not enforce marijuana prohibition, the drug still remains illegal under federal law.

“Regardless of whether plaintiffs are prosecuted (or whether Congress allocates funds for their prosecution), possession of marijuana remains a federal crime,” Judge Winsor wrote in his 22-page decision. “The Rohrabacher-Farr Amendment at best precludes prosecution now; it does not forever bless plaintiffs’ actions.”

Fried has not said if she will appeal the judge’s decision. Regardless of the plaintiff’s next move, these challenges to a firearms prohibition for medical marijuana users will continue as cannabis use is normalized.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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gregs

again, for your information,
https://www.dea.gov/drug-information/drug-scheduling
marijuana is a schedule I drug, “drugs with no currently accepted medical use and a high potential for abuse”. take a gander at the others in that class and tell me if pot should be there.
the war on drugs has been lost, as has the war on poverty, homelessness and virtually every other war specified by our bloated federal government.
i wonder if buyden will be prosecuting his crack smoking son for federal firearms violations and make him a prohibited person?

musicman44mag

When pigs fly!!@!!!

musicman44mag

So we have been reading about her for a year now and that she is anti gun and pro pot has a pot card and a gun and to have both are illegal. Did ATF go get her guns yet? Hell no, she is privileged like Hunter Obiden. Why does she still have her job is my question.

J.galt

This will fail under Bruins text and history test. Many of the founders of the country, the writers, signors and adopters of the constitution grew and variously used marijuana. George Washington grew marijuana. There were NO marijuana laws at the time of the adoption of the Bill of Rights. These laws are unconstitutional on their face. Period. Further, there were NO marijuana laws at the time of the ratification of the 14th amendment so under any scheme the commie banners try to use infringing on 2A rights based on marijuana is void. ALL LAWS REPUGNANT TO THE CONSTITUTION ARE VOID.… Read more »

hippybiker

I don’t use pot but I know a lot of people who are getting relief from pain by using it here in Florida.
We had a Sheriff here that wrote an Op Ed article where he stated “in his professional opinion that there is no proof that pot has any medical use.”
He should have been charged for practicing medicine without a license!
Sadly, he was allowed to get away with a felony!

macdog

Great state we have here, right patriot? Yet another channel /measure to further dumb down the populace here. That way they can continue to turn this once great state in to commifornia’s cesspool.

Bigfootbob

That’s really stretching don’t you think? I live in a very leftarded state north of “commifornia” that like them has had medical/recreational marijuana for 20+ years. I also live close to and drive by marijuana retail outlets everyday. The majority of the patrons I see coming out of these places are 40+ and many are vets looking for pain relief without having to get prescriptions or medicine laced with Fentanyl or so I have been told by a neighbor who has a son who runs a marijuana retail shop. The “dumbing down” most certainly is happening in all public schools… Read more »

macdog

Bigfoot I can’t argue with your logic on this. I would fully agree with you. “That the dumbing down certainly is a product of our current education system. The indoctrination of CRT and their woke gospel; elementary to the collegiate level. I do agree with the use for medicinal needs. The study of psychedelics for the medicinal use for severe PTSD. I can’t agree with the open door, come one come all use of yet another schedule 1 adopted by our state and local governments or the way it’s sold to our voters. But that’s our local issue. I appreciate… Read more »

Last edited 27 days ago by macdog
musicman44mag

Still hold a CHL, still in pain, still wish I could use CBD cream on my hands and knees.

Funny how the feds have problems with state breaking laws like making pot legal and that you can’t have a gun and be a user but if you want to let illegals in and give them a home, that’s ok. Shows you who is really running this country.

Doug G.

Um, I think you can. CBD’s don’t have THC and therefore are not controlled. Check your local laws but that’s my understanding.

Stag

This is probably the only thing she’s been right about.

RepealNFA

The drug war is unconstitutional.

The NFA is unconstitutional.

We’re almost a failed state like mexico due to zero property rights.

fbi/dea/atf are the same as the cartels that run the failed state of mexico

BaerArms

amazing times we live in where a government offical sues to restore rights to the citizens, sighting that they are currently breaking the law themselves, and the supreme court does nothing

Doug G.

Of course she’s suing to cover for herself. It’s strange that you even have to ask. She’s a Democrat. What Democrat, recently, has done anything for the good of the people? None. In keeping with type, she’s using public money to do her bidding as well, I’m sure. The scam goes like this; they create the problem. Legalizing Pot. The consequences occur. She gives herself a CCW Permit and She gets Pot license. Then they create the solution with it’s own consequences but this time for everyone else but them. And they always use other people’s money for the whole… Read more »

PAF145

How come no one can prove the viability of “medical Marijuana “?

Stag

Because it has been banned to various degrees since the 1920’s and the feds classified it as a schedule 1 narcotic in 1970 which effectively banned almost all research. It has been proven to help many conditions but that has only come about in recent history. Many of those discoveries have been made in other countries, such as Israel, where research has been permitted on a much larger scale.

swmft

military has done a lot of unpublished studies and prescribes even lsd to some vets ,given through va , my mother was prescribed a pill that was supposed to help her put on weight that made her dizzy and sick when i checked on it marijuana extract from va ,drug was not available from any other source

2AGunster

Big Farma, cuts into their profits

Doug G.

Hammer meet nail head. Yours is the right answer. It grows naturally and Big Pharma can’t corner the market. So, of course it has to be outlawed and controlled. The only reason Gov. is allowing now is that now they can tax you for it. Once a Vice, now a source of revenue. Look at Gambling. Follow the money. It never fails.