MIAMI (CBSMiami) – Florida Agriculture Commissioner Nikki Fried introduced a lawsuit in opposition to the Biden administration to try to block a federal lawsuit that prohibits medical marijuana customers from shopping for weapons or having hid carry permits.
While in Miami on Wednesday, Fried additionally known as for the complete federal legalization of hashish within the US.
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“While we continue to call for full legalization to resolve the many issues caused by the federal governments irrational, inconsistent, and incoherent cannibis policies, we are here today to announce that we are filing suit against the federal government, against the US Department of Justice, and the ATF over the violation of patients’ second amendment rights due to federal law deeming it illegal for a medical marijuana car holder to purchase or possess a firearm,” mentioned Fried.
Fried, a Democratic candidate for Governor of Florida, held the press convention on April 20, or 4/20 day, a day which celebrates marijuana.
The lawsuit is over a federal type that should be crammed out when somebody buys a gun. It asks if the customer is an illegal person of medicine and specifies that marijuana is illegitimate below federal regulation.
In a state the place the particular person is allowed to make use of marijuana, they must examine “yes,” and gained’t be allowed to purchase the gun. If the customer checks “no,” and isn’t truthful on the shape, they run the danger of a five-year jail sentence for making a false assertion.
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Fried’s workplace oversees hid weapons permits and medical marijuana facilities.
She claims the federal type violates the Second Amendment rights of lawful medical marijuana sufferers.
“To 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 that the federal government needs to take more common sense actions to keep families and communities safe from the senseless and horrendous gun violence that has tragically impacted our state over the years and my record speaks for itself on this. But denying the second amendment rights of medical marijuana patients is not about safety. 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 to do discrepancies in cannibis laws pushing for them to have state legal activity without a reasonable basis to do so–punishing them,” she mentioned.
Fried was joined at Wednesday’s news convention by hashish sufferers who had their gun purchases denied for actually answering the query.
“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,” Fried mentioned.
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The challenge extends past Florida, as 37 states have medical hashish applications, Fried famous.