President Joe Biden is stripping legally-owned guns from Americans with legally-recognized medical marijuana prescriptions, even as he moves to free prisoners jailed for marijuana possession.
U.S. District Judge Allen Winsor granted the Biden administration’s request to dismiss a lawsuit brought by Florida’s agriculture commissioner and other Floridians challenging the federal ban on gun purchases or possession by Americans with a legally-issued medical marijuana prescription. (RELATED: Florida Democrat Challenges the Gun Ban for Marijuana Users)
“Federal laws also bar certain people from buying and possessing guns, including people who use drugs illegally. The lawsuit, filed in April, alleged the federal prohibitions ‘forbid Floridians from possessing or purchasing a firearm on the sole basis that they are state-law-abiding medical marijuana patients,’” the Tampa Free Press reports.
Winsor, appointed by President Donald Trump, disagreed, ruling the federal government’s prohibition on marijuana use or possession trumps state law, and those with legally-recognized medical marijuana prescriptions are considered prohibited felons under federal gun law.
“In 2016, Florida stopped criminalizing the medical use of marijuana. Many people refer to this change as Florida’s ‘legalizing’ medical marijuana, but Florida did no such thing. It couldn’t. ‘Under the Supremacy Clause of the Constitution, state laws cannot permit what federal law prohibits,’ and federal law still prohibits possession of marijuana — for medical purposes or otherwise,” Winsor wrote in his 22-page ruling.
“Regardless of whether plaintiffs are prosecuted (or whether Congress allocates funds for their prosecution), possession of marijuana remains a federal crime,” Winsor noted.
Doctors may legally prescribe marijuana to patients in Florida and 36 others states, as well as the District of Columbia. Twenty-one states and the District of Columbia also allow adults to use marijuana recreationally. (RELATED: A Dose of Reality? Assessing California’s Latest Botched Experiment)
The Free Press notes in addition to Florida’s agriculture commissioner, plaintiffs included two medical marijuana patients now prohibited from possessing guns and a gun owner who would like to be prescribed medical marijuana without losing his constitutionally-protected rights.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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GOOD
“Hypocrisy is our most important product!”
Just glad I passed on the chance the V.A. Gave me to try Mary Jane for PTSD.
We are riddled with hypocrites
Federal law prevents the acquisition of a firearm by a drug user, and also purchase and possession of firearms by “convicted felons”
I’m not aware that possession by an unconvicted accused felon is prohibited . So, if someone purchased a firearm prior to drug use and never charged and convicted of a felony I’m not seeing where the government can confiscate firearms. They can only stop further purchases based on the “lying” on the 4473. That is a felony. But they have yet to prosecute Hunter Biden for lying on his 4473 when he was using harder drugs at the time.
Exactly, laws for thee but not for me.. that judge should do jail time.
I’m glad a wholes like Biden get wiped out in hell.
Prosecution of Hunter Biden, now that would be something to see, though it does seem that there is the law for Mr. Ordinary, while there is the law, a somewhat different law, for those who are “connected”, or out of the ordinary.
What is this based on? Have any of the shooter been legal medical marijuana users? Don’t think so.
I concur that medical marijuana
Nobody Died and put the Federal Government in charge of God Given Plants…mater of fact, Federal regulation or encroachment is prohibited by OUR Constitution unless it is expressly laid down in that Document. In this case, it falls to the States..That Judge’s decision is null and void…I don’t need a f’kn lawyer, a Judge or a President to say either way. Furthermore, nobody has EVER died from a “Marijuana overdose”….MJ prohibition is NOT based on science, it’s based on hate. Thomas Jefferson is quoted as saying “It is not ONLY Our RIGHT defy unjust law,(as an American) it is our DUTY to defy Unjust Law… Americans!! keep your Guns until your last breath and may that last breath be filled with the smoke from the plant of your choice. Record all that NSA…
Only a jury can determine if you aren guilty of a crime. One is presumed innocent until proven guilty by a jury of one’s peers. It is this simple. To treat you as a convicted felon is acting under color of law, a federal crime enumerated in the constitution.
Enjoy the fire and brimstone Dunce!
Biden and Obama are taking every avenue possible to ban guns from the American ppl!!! This is part of the WORLD ECONOMIC FORUM!
Why ban guns from Medical Marijuna patients?
Taken by gummy, pill, powder form NO THC
The government should get its sh-t together! Biden is too stupid to.
Anshoushd! Doe sure!
Ban on medical marijuana patients? Now that makes very little sense. Banning on a bunch of idiots who use the stuff for “fun” is another story. If a person is ill and perhaps terminally, they should have what they need. Personally, I don’t believe int the stuff But if a person is in pain and perhaps dying, why not use it? And as for a firearm, the last thing from that person’s mind is owning or firing a gun.
It’s not used only for terminal diseases. There are other conditions that are helped by cannabis. As just one example, MS can cause several symptoms that are helped by marijuana. One is when the muscles contract and “forget” to relax, causing something akin to a Charlie Horse that affects the whole body.and can continue for hours or days. Another is severe neurological pain pain that feels like the patient has just received an electrical shock. Third, it can cause the inability to empty the bladder which becomes extremely painful.
Marijuana can relieve or lessen all of these symptoms and one does not need to have enough to get high to get some symptomatic relief. None of these symptoms cause the patient to lose the ability to think clearly and use a firearm responsibly. In fact, physically disabled people are more vulnerable than most and cannot run away or fight off an attacker. A firearm may be the only means of self defense.
Biden wants to force people to choose between pain relief and the ability to fend for oneself .
But not crackheads, slow joe? Jeebus these idiot demotards can’t get anything right….
This is a problem that was predicted would happen when States began decriminalizing Marijuana and allowing Medical and recreational use. Federal Law still classifies Cannabis as a Schedule 1 Controlled Substance. Thus, no matter what the State does, the Federal Government still holds it’s against the law.
ATF Form 4473 specifically asks the Gun Buyer if they’re a user of or addicted to Illegal Drugs, even if the State you reside in has legalized its use, it’s still illegal in the eyes of the Feds.
Is what Biden did hypocritical? Yep, but until Congress removes Marijuana from the registry l, it will remain a Federal crime.
let’s look at the facts. Pot is against the law on the federal level period. No matter what local laws say. You fly a plane and have a license to do so. It’s against the law.