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.
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?
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 »
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!
This is probably the only thing she’s been right about.
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
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
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.
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 »
How come no one can prove the viability of “medical Marijuana “?