Top Florida Democrat sues Biden administration over marijuana and guns

[Jose Garcia]

Source: NBC News

TALLAHASSEE, Fla. — Florida’s lone statewide elected Democrat, Agriculture Commissioner Nikki Fried, plans to sue the Biden administration Wednesday to try to block a federal rule that prohibits medical marijuana users from buying guns or maintaining concealed-carry permits.

NBC News obtained a draft copy of the lawsuit.

The lawsuit targets a federal form that asks whether the gun buyer is an unlawful user of drugs and specifies that marijuana is illegal under federal law. A person allowed by the state to use marijuana must then check “yes,” which results in denial of the purchase. Lying by checking “no” runs the risk of a five-year prison sentence for making a false statement.

Fried, whose office oversees concealed weapons permits and regulates some aspects of medical marijuana, argues in her lawsuit that the form violates the Second Amendment rights of lawful medical marijuana patients and runs afoul of a congressional budget prohibition on federal agents’ interfering with state-sanctioned cannabis laws.


Read more: https://www.nbcnews.com/politics/politics-news/top-florida-democrat-sues-biden-administration-marijuana-guns-rcna25034

[ificandream]

1. Maybe better that we prohibit Republicans from carrying concealed weapons.

[LiberatedUSA]

2. This should be an interesting thread. N/t

[kysrsoze]

3. I'm not a fan of guns, but this is an idiotic rule

It’s the kind of rule that loses us elections. This prohibition nonsense has got to stop. I’m much more worried about people drinking alcohol and carrying than those who have gone through the process of applying for a medical marijuana card.

[riversedge]

4. ...Biden's refusal to act on federal marijuana regulations has been a sore point for Democrats, incl

There is probably truth in what Morgan says. IMHO.



https://www.nbcnews.com/politics/politics-news/top-florida-democrat-sues-biden-administration-marijuana-guns-rcna25034

...........While it’s rare for a Democrat to sue a Democratic administration during an election year, Fried said the issue can no longer wait because of the volume of complaints her office has received.

A spokesperson for ATF said the agency “can’t speculate on possible litigation or discuss any pending litigation” but implicitly blamed federal lawmakers for not changing the Controlled Substances Act and the Gun Control Act, which respectively regulate marijuana and firearms.


...................President Joe Biden’s refusal to act on federal marijuana regulations has been a sore point for Democrats, including supporters like John Morgan, a Florida trial lawyer and Biden fundraiser who financed the state’s successful medical marijuana initiative.


“I talked to Joe about this personally, and he just won’t do it. Joe Biden doesn’t understand marijuana,” Morgan said, attributing the president’s resistance to his age, 79, and the members of his family who suffered from alcoholism and drug abuse, including his son Hunter Biden.

“Joe has so much drug abuse in his own family that in his mind it’s a no-go. The older you get, the less people understand what marijuana is all about. To them, it’s all the same — marijuana, heroin, LSD,” Morgan said, dismissing the idea that such substances are so-called gateway drugs with a profanity. “We know the gateway drug is alcohol.”........

[cynical_idealist]

9. gateway drug number one is sugar

number 2 is caffeine.

I'd think at least 10x risk of gun violence from those under influence of alcohol, compared to mj.

[mcar]

5. Nikki Fried should be focusing on her gubernatorial campaign

This rule is dumb but wasting time and taxpayer money on this when so much other shite is going down here in Florida seems pointless.

[babylonsister]

8. Agreed. I think deSantis is providing

more than enough ammo for her to concentrate on. I wish she would.

[JI7]

11. Maybe this is part of strategy to help her win certain votes

[Jose Garcia]

12. Bingo!

[mcar]

13. And lose others

including me. And I vote in every election.

[Calista241]

16. I think it's pretty smart. Desantis is going to attack her and accuse her of being a Biden lackey.

This lawsuit, whether it works or not, or whether it's even serious; effectively demonstrates that she's not a Washington Democrat. Given the polls of the Latin population, and the demographics of Florida, this could be an effective strategy there.

Desantis has one of the same problems Trump had, in addition to being a dick, he's fucking loud and obnoxious. Maybe they'll vote for someone that's not the same personality type.

[mcar]

17. Yeah, I kinda don't think so

[melm00se]

6. Fried...snicker...

regulates marijuana use.

This was bound to happen with a clash between federal and state marijuana laws and usage.

[obamanut2012]

7. She would be a much better Govenror than Crist

But, I suspect he will win the Primary.

[madville]

19. Crist is gonna win the primary

Neither one of them is very exciting though, don’t see how they will inspire enough turnout to get over about 46% in the general election.

[James48]

10. Somebody

Needs to slip Joe a doobie and tell him to relax. Come on, Man!

[Akoto]

14. I'm in FL and have a Medical Marijuana license.

I don't use it, but I have it should the day arrive that I ever need to take that step. This being said, the Feds do everything they can (as do many doctors, frankly) to hamper procuring a medicinal dose or using it in the case of being a disapproving doc's patient. I know one of mine would boot me if I used smoked marijuana. There is a little more tolerance for other forms.

Whether or not I am a strong supporter of gun rights, the Constitution does support ownership right now, and it's also true that we can't own or have concealed carry licenses with the new legislation. So, this is also a valid issue. It makes no logical sense to me that we shouldn't be allowed to purchase a firearm if we have a valid MMJ license, a legal document which must have a doctor's support to procure. It's like going back to saying people who take narcotics will always become druggies and cause the crime rate to go up.

If their case is that someone on medical marijuana can't be trusted because they'll be high, then like most pain management, I'd point out the abundance of clinical backing showing that people truly in chronic pain do not receive a high from treatment for it. They just get pain relief.

I think there are more urgent things to look at (especially during a campaign) but I guess that's why I'm not a politician.

My license is up next month and I'm considering not renewing. Even if I wanted to use it, it's a PITA and buying generally isn't supported by insurance, certainly not my crappy Medicaid plan. Add in all of the legal hurdles and it's as much a pain as the chronic issues!

[J_William_Ryan]

15. Very good.

Commissioner Fried is correct, question 21e on ATF form 4473 clearly violates the Second Amendment, as well as the Equal Protection Clause of the 14th Amendment by discriminating against lawful users of medical marijuana.

Democrats need to do more of this, be consistent in defending individual rights against government excess and overreach.

[YoshidaYui]

18. No one I know who smokes pot

wants to own a gun. I mean seriously???