Florida Appeals Court Sides with Medical Marijuana Patients over Federal Gun Ban
Florida Appeals Court Sides with Medical Marijuana Patients over Federal Gun Ban

Florida Appeals Court Sides with Medical Marijuana Patients over Federal Gun Ban

News summary

A federal appeals court in the 11th U.S. Circuit Court of Appeals ruled that federal restrictions barring medical marijuana patients from purchasing and using firearms likely violate the Second Amendment. The court found that the government failed to prove that disarming medical marijuana users aligns with the nation’s history and tradition of firearm regulation, referencing recent Supreme Court decisions including United States v. Rahimi and New York State Rifle & Pistol Association v. Bruen. The case originated from a 2022 lawsuit filed by Florida medical marijuana patients and then-Florida Agriculture Commissioner Nikki Fried, challenging federal prohibitions that prevent state-law-abiding medical marijuana users from owning guns despite state legalization. The appeals court revived the lawsuit after a lower court dismissed it, emphasizing that medical marijuana users, who are not convicted felons or shown to be dangerous, should not be automatically disarmed. The Biden administration defended the restrictions, arguing they are necessary for public safety, but the court found insufficient evidence to uphold the ban under constitutional scrutiny. The case remains pending further developments following the Supreme Court’s guidance on firearm regulations.

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