TALLAHASSEE, Fla. (Washington Insider Magazine) – Agriculture Commissioner Nikki Fried, Florida’s only state elected Democrat, intends to sue the Biden government on Wednesday to overturn a federal law that prevents medicinal marijuana patients from purchasing weapons or holding concealed-carry licenses.
The complaint is aimed at a government form that questions if the firearm buyer is a drug addict and mentions that marijuana is illicit in the United States. If an individual is permitted to consume marijuana by the state, they must select “yes,” which results in the transaction being denied. Making a false declaration by selecting “no” can result in a 5-year jail term.
Fried, whose office is responsible for concealed firearms licenses and medical marijuana centers, claims in her suit that the form infringes on legal medicinal marijuana patients’ Second Amendment rights and violates a congressional budget restriction on federal authorities meddling with state-sanctioned marijuana laws.
Outside Florida, the lawsuit has repercussions: Medical marijuana is permitted in at least 37 states, while medicinal cannabis is authorized in 18 states, and also Guam and Washington, D.C.
The suit is set to be filed on April 20th, a reference to the slang term “420” for marijuana.
Fried, who campaigned on an unashamedly pro-cannabis campaign becoming the single Democrat elected statewide in 2018, sees the litigation as a political opening. Medicinal cannabis was authorized in Florida by 71% of voters 2 years ago, and surveys suggest that a majority of Floridians support recreational cannabis use.
According to Fried’s office, there are 2.5 million concealed firearms license holders in Florida.
Fried is pursuing the lawsuit with three persons who have been harmed by federal restrictions in her official role as agricultural commissioner. Attorney General Merrick Garland as well as the acting director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives are named as defendants.
While it’s unusual for a Democrat to challenge a Democratic government before the midterm elections, Fried noted the matter can’t be put off any longer due to the level of grievances she’s received.
ATF representative said the department couldn’t comment on potential litigation or discuss any ongoing litigation, but implied that federal legislators were too responsible for not altering the Gun Control Act and the Controlled Substances Act, which control cannabis and weapons, respectively.
President Joe Biden’s failure to move on federal cannabis regulations has irritated Democrats, including allies such as John Morgan, a Florida trial attorney and Biden donor who helped fund the state’s victorious medicinal cannabis campaign.
Despite his support for Fried’s cannabis laws, Morgan is endorsing her governor’s race opponent, Rep. Charlie Crist, and he says he’s not certain how much political gain she’ll get out of it.
Fried’s former strategist, Keith Frederick, believes that whatever risks she faces by defying the Biden government are outweighed by the fact that she is enhancing her reputation by championing a popular cause.
Opposition to the inconsistent laws in federal and state law runs across political lines, as does backing for medicinal marijuana and cannabis legalization. According to NBC NEWS, gun laws are also favored in Florida.
Other individuals have attempted to sue the federal government regarding firearm purchases but have been unsuccessful. Fried’s complaint calls out some of the most recent efforts for presenting a poor and outdated factual record that unfairly excluded a government study that found marijuana usage does not cause violent crime.
Fried’s complaint also claims that the form breaches the Rohrabacher-Farr Amendment, which prevents the ATF from implementing anti-cannabis rules in states that have decided for legalization, unlike the previous unsuccessful federal lawsuit.
Image via FDACS
