TAMPA, Fla. (WFLA) — Federal law prohibits Americans from buying firearms if they use drugs, even in states like Florida where medical marijuana use is legal.
Now, multiple federal cases make the fate of firearms and fresh bud in Florida a topic the court still has to hash out.
During the runup to the 2022 election cycle, Democrat Nikki Fried, at the time the Florida Commissioner of Agriculture and a gubernatorial candidate, sued the United States government for the rule, calling it unconstitutional.
In response to the suit, the U.S. Department of Justice replied in court that “marijuana use impairs judgment” and as a result, “it is, therefore, dangerous to trust regular marijuana users to exercise sound judgment while intoxicated.” USDOJ cited the Florida Board of Medicine in their motion.
The lawsuit from April was further complicated by a decision by the U.S. Supreme Court, where they ruled against the state of New York’s concealed carry policies for firearms. During the case in Florida, USDOJ asked for more time to file as a result of how the SCOTUS decision would impact their “framework for addressing Second Amendment claims.”
After former Sen. Wilton Simpson took office as 2023’s Agriculture Commissioner, he indicated he would not be following through in the federally filed lawsuit. He is still listed as an interested party to the case, dependent on further rulings.
Florida’s regulation of weapons in the hands of potentially violent individuals may also be impacted by rulings in federal court, not just for those who partake of medical marijuana. The Associated Press reported on a ruling in federal court in Texas, which put what are known as protective orders on the table for review, stating Thursday that the U.S. government can’t stop people who have domestic violence restraining orders against them from owning guns.
Yet another case, this time in Oklahoma, had a federal judge ruling that prohibiting those who use marijuana from owning a firearm is also unconstitutional, according to additional reporting by the AP.
At this stage, the end result of the various court cases remains unclear. Florida gun rights activists who also support the use of medical marijuana do not yet have a clear path to legally partaking in both activities. Further review may be warranted if Florida’s latest effort to legalize recreational marijuana progresses.