Florida Federal Judge tosses suit challenging GUN BAN for medical marijuana patients. (POST-BRUEN)

Collect Call with Lawstache

Federal law prohibits certain people from possessing firearms. 18 U.S.C.
§ 922(g). Among them are convicted felons, fugitives from justice, and—relevant here—anyone “who is an unlawful user of or addicted to any controlled substance.” Id. As the parties agree, Florida’s medical marijuana users are “unlawful user[s] of . . . [a] controlled substance,” so this law makes it a crime for them to possess firearms. The primary issue in this case is whether the Second Amendment allows this result.
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,” United States v. McIntosh, 833 F.3d 1163, 1179 n.5 (9th Cir. 2016), and federal law still prohibits possession of marijuana—for medical purposes or otherwise, see 21 U.S.C. §§ 841(a), 844(a); see also 21 U.S.C. § 812, Sch. I(c)(10), § 812(b)(1)(B). Indeed, federal law “designates marijuana as contraband for any purpose” and “prohibit[s] entirely [its] possession.” Gonzales v. Raich, 545 U.S. 1, 24, 27 (2005).
So while Florida (like many states) has decided it will no longer criminalize medical marijuana, the simple fact is that “[a]nyone in any state who possesses, distributes, or manufactures marijuana for medical or recreational purposes . . . is committing a federal crime.” McIntosh, 833 F.3d at 1179.
As anyone driving by Florida’s many marijuana dispensaries can see, though, federal law is not always enforced. Congress has precluded the Department of Justice (for now) from prosecuting crimes that Congress (for now) chooses to maintain on the books.
Three Plaintiffs want to participate in Florida’s medical marijuana system while possessing guns. But as things stand, their use of medical marijuana—their “unlawful use[] . . . of a controlled substance”—makes any gun possession a felony, punishable by up to 15 years in prison. See 18 U.S.C. § 924(a)(8). That is the situation Plaintiffs challenge. They contend that this violates their Second Amendment right to keep and bear arms. And they contend a federal firearms prosecution would violate the Rohrabacher-Farr Amendment.
...
The Second Amendment guarantees the individual right to possess firearms. District of Columbia v. Heller, 554 U.S. 570, 592 (200

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
[phone]
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...