Top Florida Democrat suing Biden admin over ban on medical marijuana users buying guns

Top Florida Democrat suing Biden admin over ban on medical marijuana users buying guns

Photo: Drew Angerer/Getty Images Nikki Fried, Florida’s commissioner of agriculture and a Democratic gubernatorial candidate, plans to sue the Biden administration over a federal rule that bans medical marijuana users from purchasing or owning guns, according to a pre-filing final draft of the lawsuit shared with Axios. Driving the news: In the lawsuit, Fried’s attorneys call the rule “irrational, inconsistent, and incoherent,” adding that it prevents her from “ensuring that Floridians receive the state rights relating to them.” Fried is joined in the lawsuit by three people: Two medical marijuana patients and a person who refuses to participate in Florida’s medical marijuana program “on the sole basis that they are unwilling to concede their Second Amendment rights.” The lawsuit names Attorney General Merrick Garland and Marvin Richardson, the acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as defendants. State of play: While marijuana remains illegal on the federal level, it is legal in Florida for medical use. Details: Medical marijuana patients “may legally participate in Florida’s medical marijuana program in accordance with the Florida Constitution and state statute. However, solely due to this state-legal use of medical marijuana, [the Biden administration deems] them too dangerous to exercise their Second Amendment rights.” The lawsuit says the federal regulation it is challenging is “unconstitutional” and violates and imposes “an impermissible burden upon the Second Amendment rights of state-law-abiding Florida medical marijuana patients.” Additionally, it alleges that the rule goes against the Rohrabacher-Farr Amendment, a law that prohibits the […]

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