Florida Agriculture Commissioner Nikki Fried (D) today filed a lawsuit against the Biden Administration to try and block a federal rule that prohibits medical cannabis users from buying firearms or holding concealed-carry permits, NBC News reports.
The lawsuit argues that the question about cannabis use on the federal form required to purchase firearms violates the Second Amendment rights of state-approved medical cannabis patients and violates a congressional budget provision preventing federal agents from interfering with state-approved cannabis laws.
The form asks whether the purchaser of a firearm is an unlawful drug user, and cannabis remains illegal under federal law. Registered medical cannabis patients must answer “yes” to that question or risk a five-year prison sentence for making a false statement on a federal form.
“Medical marijuana is legal. Guns are legal. This is all about people’s rights. And I don’t care who I have to sue to fight for their freedom.” – Fried in a statement to NBC News
Fried’s office oversees both concealed weapons permits and medical cannabis dispensaries in Florida. Florida voters approved medical cannabis reforms in 2016 with 71% in favor – there are also 2.5 million concealed weapons permit holders in the state.
A spokesperson for the Bureau of Alcohol, Tobacco, Firearms, and Explosives told NBC News that the agency “can’t speculate on possible litigation or discuss any pending litigation” but blamed federal lawmakers for not changing the Controlled Substances Act and the Gun Control Act, which respectively regulate cannabis and firearms.
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