The once-bright line between marijuana users and exercising Second Amendment rights grew even more blurry last week.
That’s when the Atlanta-based 11th Circuit Court of Appeals determined that Florida’s medical cannabis community should not automatically lose their gun rights. The three-judge panel concluded that marijuana use should not erase the ability to keep and bear arms.
This ruling only added to the wildly varying decisions by courts nationwide on the issue.
Court determined there was no threat to justify the prohibition
The First Amended Complaint (FAC), which was central to Florida Commissioner of Agriculture v. U.S., failed to establish the presence of a public safety threat posed by medical marijuana users who possess firearms.
The panel acknowledged the potential for minimal harm. “Notably, the FAC does not contain any allegations regarding the frequency of Cooper’s and Hansell’s medical marijuana use or the amount of marijuana they consume at any given time. Nor does it contain any allegations related to what marijuana-related side effects, if any, Cooper and Hansell experience.”
In other words, no harm—no foul.
Florida voters chose to allow medicinal marijuana use despite the federal ban
Nikki Fried, the Florida Agriculture Commissioner in 2022, filed the lawsuit along with several medical marijuana patients. The plaintiffs noted that Sunshine State voters six years beforehand approved allowing patients to partake in cannabis for their conditions.
However, federal law still lags dozens of states in recognizing the generally accepted health benefits of marijuana consumption. This meant Florida residents participating in treatment programs were in danger of prosecution despite the 2016 vote.
A U.S. District Judge initially dismissed the case, but it was resurrected before the 11th Circuit made its pivotal ruling. Last week’s decision is likely not the final word, but it is a positive step forward for gun rights.
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