Florida Official Sues Biden Administration Over Gun Rights For Medical Marijuana Patients On 4/20

[sarisataka]

Florida Official Sues Biden Administration Over Gun Rights For Medical Marijuana Patients On 4/20

Florida’s agriculture commissioner on Wednesday filed a lawsuit against the Biden administration, arguing that the federal government is unconstitutionally depriving medical cannabis patients of their Second Amendment right to purchase and possess firearms.

The suit from Agriculture and Consumer Services Commissioner Nikki Fried (D), who is also running for governor, also makes a unique legal argument that a congressional spending rider preventing the use of Justice Department funds to interfere in the implementation of medical marijuana programs means that the feds can’t deny patients their right to bear arms.

As it stands, in order to buy a gun, people are required to fill out a federal form that explicitly asks about the use of illegal drugs—including cannabis. Those who admit to marijuana use are ineligible to make the purchase and could face up to five years in prison if they lie, regardless of state cannabis laws.

“To be clear, I am in no way challenging the federal government’s right to enact reasonable gun regulations that protect the public,” Fried said at a press briefing on Wednesday. “In fact, I believe the federal government needs to take more common sense actions to keep families and communities safe from the senseless and horrific gun violence that has tragically impacted our state over the years. And my record speaks for itself on this. But denying the Second Amendment rights of medical marijuana patients is not about safety.”

https://www.marijuanamoment.net/florida-official-sues-biden-administration-over-gun-rights-for-medical-marijuana-patients-on-4-20/

[Chainfire]

1. The Feds need to get on board with the decriminalization of pot. Not for gun owners,

but because it is the right thing to do. To have conflicting state and federal laws is absurd.

[Throck]

2. Medical Marijuana is a prescription drug.

No different than any other prescription drug. Lighten up feds.

I don't recommend doing a number of things on prescription drugs for obvious reasons but the feds are off base on this.

[melm00se]

3. At the state level maybe

(and TBH I am not sure if each state can and does maintain its own schedule for prescription drugs) but at the federal level marijuana continues to be a Schedule 1 substance.

Should that change? Probably yes.
Will it change in the near term? probably not.

[Throck]

4. The feds are a pain in the ass.

In theory I could be using legally prescribed Marijuana in my state, go to a neighboring state and be arrested.

We've devolved into a nation made up of feudal states.

[melm00se]

5. "The feds are a pain in the ass" & "We've devolved into a nation made up of feudal states".

I might suggest that you reflect back on your US History (1777 - 1789).

Remember the Articles of Confederation and one of the reasons that it failed?

One of the reasons the AoC failed because each "state" was sovereign which made them de facto countries.

It was only when the Constitutional Convention was formed and the constitutional framers, very quietly and way outside the scope of what was expected, designed, wrote and presented what became the ratified Constitution.

Each state would have some autonomy but would be subservient to the federal central government.

We, however, have strayed from this.

And it is not just the Republicans and not just the Democrats. Both parties and political ideologies like the federal government when they agree with it and hate it when they disagree with it.

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As a side note: On September 20, 1787, the convention delegates laid the new constitution before the states and then hit the fucking door and got the hell out of Dodge at light speed.

They knew the reaction that was coming as they had far exceeded their mandate. It was expected that they, at most, were going to tweak the articles or, at the least, do nothing. Instead they built, from the ground up, an entirely new form of government. In response to this the US' Confederate Congress debated and seriously considered censuring the delegates

[discntnt_irny_srcsm]

6. Actually we began as a union of sovereign states.

We still are. In some cases the federal government has assumed to much power. I am in favor of treating most issues like driving licenses. You license in state A is good in state B or C, always.

I guess the recreational use issues are a gray area but medical Rx should be a respected no-brainer in every state.

[melm00se]

8. But its not

and will not be until marijuana moves off the Schedule 1 list.

MDs who provide marijuana potentially risk losing their DEA licenses for prescribing controlled substances.

[Straw Man]

7. In case you were wondering ...

... why this has been brought up by the Commissioner of Agriculture, it's because in Florida the Department of Agriculture and Consumer Affairs is the regulatory agency for concealed carry permits.