TAMPA, Fla. (WFLA) – Federal law prohibits Americans from purchasing firearms if they use drugs, even in states like Florida where medical marijuana use is legal.
Now, several federal cases make the fate of firearms and fresh kale in Florida a subject the court has yet to hash out.
During the runup to the 2022 election cycle, Democrat Nikki Fried, at the time Florida’s agriculture commissioner and candidate for governor, sued the United States government for the rule, calling it unconstitutional.
In response to the suit, the US Department of Justice responded in court that “marijuana impairs judgment” and as a result, “is therefore dangerous to rely on regular marijuana users while they are intoxicated.” The USDOJ cited the Florida Board of Medicine in its proposal.
The trial from April was further complicated by a US Supreme Court decision, where he ruled against New York’s concealed carry policies for firearms. During the case in Florida, the USDOJ asked for more time to file, as a result of which the SCOTUS decision would affect their “framework for addressing Second Amendment claims”.
After former Sen. Wilton Simpson takes office as the 2023 agriculture commissioner, he has indicated he will not pursue a lawsuit filed by the union. He is still listed as an interested party in the case, pending further decisions.
Florida’s regulation of weapons in the hands of potentially violent individuals could also be affected by decisions in federal court, and not just those who partake of medical marijuana. The Associated Press A federal court in Texas reported on a ruling that put what are known as protective orders on the table for review, saying on Thursday that the US government cannot stop people who have domestic violence restraining orders against them from having a gun. Prohibited from keeping
Yet another case, this time in Oklahoma, was a federal judge ruling that barring marijuana users from possessing firearms is also unconstitutional, according to additional reporting by the AP.
At this stage, the final outcome of the various court cases remains unclear. Florida gun rights activists who also support the use of medical marijuana do not yet have a clear path to legally participate in both activities. Further review may be needed if Florida’s latest effort to legalize recreational marijuana makes progress.
