federal appeals court vacated a lower court’s dismissal, finding that medical marijuana patients in Florida have plausibly alleged that a longstanding federal prohibition on gun ownership may violate the Second Amendment.
The 11th U.S. Circuit Court of Appeals sent the case back to the Northern District of Florida after concluding that the government failed, at the current stage of litigation, to show that barring state-authorized cannabis patients from buying or possessing firearms aligns with the nation’s historical tradition of firearm regulation.
The lawsuit was filed in 2022 by two Florida medical marijuana patients, a gun owner seeking to join the state program, and then-Agriculture Commissioner Nikki Fried. The plaintiffs challenged federal statutes that prohibit “unlawful users of controlled substances” from being sold or possessing firearms. On appeal, the court considered only the patients’ Second Amendment claims.
Writing for a unanimous three-judge panel, Circuit Judge Elizabeth Branch said the plaintiffs had not committed felonies, had no criminal convictions and had not exhibited dangerous behavior. The decision applies in Florida, Georgia and Alabama, the states within the 11th Circuit. Florida has one of the nation’s largest medical marijuana programs, with about 920,000 qualified patients as of early August.
Fried, who now chairs the Florida Democratic Party, praised the ruling.
“As Commissioner, I brought this case on behalf of Florida’s medical marijuana patients and Florida’s over 1.3 million veterans, who after proudly serving our country should not be forced to choose between access to life-saving medicine and their Second Amendment rights,” said Fried. She added on X that “This was a tremendous win for Florida’s medical cannabis patients and for those who wish to participate in the program. No one should have to chose between their constitutional right for access to medical cannabis and their second Amendment rights to bear arms.”
