Miami Beach, Fla. – Today, Florida Commissioner of Agriculture and Consumer Services Nikki Fried, announced a lawsuit against the U.S. Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) over federal cannabis policies that prohibit Floridians from purchasing a firearm on the sole basis that they are a state-law-abiding medical marijuana patient. The lawsuit alleges that this is a violation of medical marijuana cardholders’ Second Amendment rights, punishing them for state-legal activity without a reasonable basis to do so.
Commissioner Fried made this announcement at the Benzinga Cannabis Capital Conference being held in Miami Beach where she was joined by two of her fellow plaintiffs in the case along with other medical marijuana patient advocates with Minorities for Medical Marijuana and the Florida Cannabis Action Network. Video from today’s press conference can be viewed and downloaded here.
“No patient should have to choose between their medicine and employment, or a roof over their head, or access to capital – or their constitutional rights,” said Commissioner Fried. “While we continue to call for full cannabis legalization to resolve the many issues caused by irrational, inconsistent, and incoherent federal cannabis policies, we are here today to announce we are filing suit against the federal government over its violation of patients’ Second Amendment rights due to federal law deeming it illegal for a medical marijuana cardholder to purchase a firearm.”
“Let me be clear: I am in no way challenging the federal government’s right to enact reasonable gun regulations that protect the public. 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 to that,” Commissioner Fried continued. “But denying the Second Amendment rights of medical marijuana patients is not about safety as there is no evidence that medical marijuana use makes individuals more dangerous or violent. What this is, plain and simple, is yet another violation of medical marijuana patients’ rights due to discrepancies between federal and state cannabis laws.”
Background: Since taking office, Commissioner Fried has been Florida’s leading statewide advocate on cannabis issues and the sole statewide elected official to call for full cannabis legalization. This includes establishing the state’s inaugural hemp program following federal legalization, standing up for medical cannabis consumers in the face of proposed THC caps and other harmful state policies, and advocating for equity in the industry, pushing for the long-overdue Pigford Class license to be issued as well as calling for an investigation into state discrimination against Black farmers seeking medical marijuana licenses. She has been an outspoken advocate for federal action to end cannabis prohibition, previously calling on the White House to modernize its cannabis personnel policies, urging democratic leadership in the U.S. Senate to join the House in taking action on cannabis reform legislation, and calling for Florida’s congressional delegation to support the MORE Act to decriminalize cannabis and take much-needed steps to address the racial injustices of prohibition, which recently passed the U.S. House of Representatives.
