Justice Dept. Argues Medical Marijuana Users Owning Guns Pose Public Safety Risk In Florida Case

The U.S. Department of Justice is intensifying its stance that medical marijuana users who own firearms pose a threat to public safety, increase the risk of suicide and are more prone to committing crimes to support their “drug habit.” This position underpins the federal prohibition on gun ownership by cannabis users.

Lawyers for Florida medical-marijuana patients and the Biden administration filed briefs last week at the 11th U.S. Circuit Court of Appeals, reported ClickOrlando.com. The dispute pits Florida's medical-marijuana patients against the Biden administration, with differing interpretations of the Supreme Court’s ruling in the case known as "United States v. Rahimi." That case involved a provision of a federal gun-control law that prohibits individuals under domestic violence restraining orders from owning firearms.

In the wake of a Supreme Court decision in late June, which returned a pivotal case regarding gun rights for marijuana users to a lower court, legal battles continue over whether federal laws barring medical marijuana patients from buying and owning firearms should stand. The DOJ has long equated marijuana users with being mentally ill and deemed unfit to safely own and operate firearms.

Nikki Fried, former Florida Agriculture Commissioner and now chair of the Florida Democratic Party, initiated the lawsuit in 2022 on behalf of several patients. Fried, who announced the lawsuits at Miami's Benzinga Cannabis Capital Conference, is no longer involved and her Republican successor has opted out.

Read Also: Gun Rights For Cannabis Users Remain In Limbo: Supreme Court Sends Case Back To Lower Court For Further Review

What Do The Attorneys Say?

Attorneys for Florida medical marijuana patients argue that their clients, who use medical marijuana legally under state law but illegally under federal law, should not be compared to those involved in the Rahimi case. They contend there’s no historical basis for disarming non-violent medical-marijuana users. However, the DOJ is maintaining that the Rahimi ruling supports existing restrictions, suggesting that preventing all drug users from possessing guns aligns with longstanding principles of public safety.

Although the case brought by Fried was initially dismissed by U.S. District Judge Allen Winsor, it was resurrected on appeal. The ongoing legal proceedings seek to overturn the dismissal and reevaluate the regulations that ban medical-marijuana users from possessing guns, arguing these laws are overly broad and not justified by the risks presented.

Hunter Biden Case

Following Hunter Biden's conviction in June on three felony gun charges related to buying a firearm while using crack cocaine, several Republican congressmen challenged the conviction for reasons connected to cannabis. “There are millions of marijuana users who own guns in this country, and none of them should be in jail for purchasing or possessing a firearm against current laws,” wrote Rep. Thomas Massie (R-KY) at the time on his X platform.

Now Read:

• Ron DeSantis Calls Federal Restrictions On Gun Rights For Medical Marijuana Patients Unconstitutional

Photo: Benzinga edit with images by Pixabay, Alesia Kozik, EKATERINA BOLOVTSOVA via Pexels