Agriculture Commissioner Nikki Fried news conference in Miami on April 20, 2022. (CBS4)
MIAMI (CBSMiami) – Florida Agriculture Commissioner Nikki Fried announced a lawsuit against the Biden administration to try and block a federal lawsuit that prohibits medical marijuana users from buying guns or having concealed carry permits.
While in Miami on Wednesday, Fried also called for the full federal legalization of cannabis in the US.
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Fried, a Democratic candidate for Governor of Florida, held the press conference on April 20, or 4/20 day, a day which celebrates marijuana.
The lawsuit is over a federal form that must be filled out when someone buys a gun. It asks if the buyer is an unlawful user of drugs and specifies that marijuana is illegal under federal law.
In a state where the person is allowed to use marijuana, they have to check “yes,” and won’t be allowed to buy the gun. If the buyer checks “no,” and isn’t truthful on the form, they run the risk of a five-year prison sentence for making a false statement.
Fried’s office oversees concealed weapons permits and medical marijuana centers.
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She claims the federal form violates the Second Amendment rights of lawful medical marijuana patients.
“Denying the Second Amendment rights of medical marijuana users is not about safety,” Fried said.
Fried was joined at Wednesday’s news conference by cannabis patients who had their gun purchases denied for honestly answering the question.
“Current federal policy forces them to choose between their rights and their medicine,” Fried said.
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The issue extends beyond Florida, as 37 states have medical cannabis programs, Fried noted.
