Federal Court Reaffirms Gun Rights of Medical Cannabis Patients are Constitutionally protected – MEDCAN24

The 11th U.S. The 11th Circuit Court of Appeals ruled on Wednesday in favor of a Florida group of medical marijuana patients, who alleged it was unconstitutional to prevent them from possessing firearms due to the medical treatments prescribed by their doctors.

Federal law prevents anyone who consumes a federally controlled substance — like cannabis, which remains Schedule I under federal law — from legally possessing firearms. However, the lawsuit hinges on an upcoming Supreme Court ruling in 2022 that will require gun restrictions be “consistent” with America’s historic tradition of firearm regulations.

In 2022, the plaintiffs, initially accompanied at the time by Nikki Fried of the Florida Department of Agriculture (D), filed a lawsuit arguing the federal policy violated Second Amendment rights to medical cannabis patients approved by the state. It was also alleged that the federal policy is in conflict with a provision of Congress’ budget to protect state cannabis programs from federal interference.

The 2nd Amendment, as we have maintained from the start of this lawsuit, does not allow the federal authorities to categorically declare all medical marijuana patients too dangerous for them to exercise their constitutional rights. — William Hall, attorney for the plaintiffs at Jones Walker, in a statement

This is the second big victory in this year for gun-toting cannabis patients after the 5th U.S. The Circuit Court of Appeals ruled in January that the federal prosecution of a Mississippi woman who was found with a loaded firearm and had also consumed marijuana violated her Second Amendment rights.