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Florida medical marijuana advocates and Second Amendment supporters are cheering a federal appeals court ruling that federal restrictions barring people who use cannabis for medical reasons from firearms purchases violate the Second Amendment.
“Based on Appellants’ factual allegations, Appellants cannot be considered relevantly similar to either felons or dangerous individuals based solely on their medical marijuana use,” a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit said late Wednesday.
“Accordingly, the Federal Government has failed, at the motion to dismiss stage, to establish that disarming Appellants is consistent with this Nation’s history and tradition of firearm regulation.”
The case involved two Florida medical marijuana users who wished to purchase guns and one gun owner who wanted to participate in the state’s medical marijuana program. Along with then-Florida Commissioner of Agriculture Nikki Fried, they filed a lawsuit in the Northern District of Florida in 2022 challenging the federal ban.
“Under my leadership, the Florida Department of Agriculture and Consumer Services made gun licensing safer and more efficient, while also ending the NRA’s influence over the office,” Fried said in a press release issued Thursday by the Florida Democratic Party, which she now chairs.
“Unfortunately, under Republican leadership, FDACS has pushed to unwind my reforms, abandoned this case against the federal government, and deserted the veterans and Floridians it sought to protect.”
Cannabis activists call it a a clear victory.
“This is a monumental win for medical marijuana patients, who have long been caught in the crossfire of outdated federal policies. This decision sends a clear message that medical marijuana use should not strip away fundamental rights,” said Jodi James, president of the Florida Cannabis Action Network, in a written statement.
The U.S. Department of Justice could appeal the decision to the U.S. Supreme Court. A spokesperson for the department said they had no comment.
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