Aug 9, 2022
Tallahassee, Fla. — On the news that the U.S. Department of Justice (DOJ) moved to dismiss the lawsuit she brought against the DOJ and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) over federal cannabis policies that prohibit Floridians from purchasing a firearm on the sole basis that they are a state-law-abiding cannabis patient, Florida Commissioner of Agriculture and Consumer Services Nikki Fried released the following statement:
“The federal prohibition of a state-legal medicine continues to harm patients, imprison tens of thousands of Americans, and stifle the growth of this growing industry to the detriment of our economy. It is beyond disappointing that with this motion to dismiss, rather than taking this opportunity to address this violation of cannabis patients’ constitutional rights, the Department of Justice has chosen to double down on harmful prohibition policies. DOJ’s argument is as offensive as it is inaccurate, utilizing centuries-old case law and making false claims demonizing medical marijuana patients – including perpetuating prejudicial stereotypes that cannabis users are dangerous or mentally ill.
“I filed this lawsuit to bring attention to how the federal government’s inconsistent and illogical cannabis policies are creating not only confusion, but actual harm. Unfortunately, the issue raised in our lawsuit is just one of the many dilemmas posed that is affecting a massive number of Floridians and even more patients nationwide. Though this particular pathway intended to move much-needed cannabis reform forward might be cut off, I will never stop looking for outside-the-box ways we can further this fight until we achieve full and equitable legalization.”
Background: In April, Commissioner Fried filed a lawsuit over federal cannabis policies that violate the Second Amendment rights of state-law abiding medical cannabis patients by prohibiting their firearm purchases without a reasonable basis to do so. Video of the April lawsuit announcement, where Commissioner Fried was joined by two of her fellow plaintiffs in the case along with other cannabis patient advocates with Minorities for Medical Marijuana and the Florida Cannabis Action Network, can be viewed and downloaded here. A copy of the amended complaint can be viewed and downloaded here.
Since taking office, Commissioner Fried has been Florida’s leading statewide advocate on cannabis issues and the sole statewide elected official to call for full cannabis legalization. This includes establishing the state’s inaugural hemp program following federal legalization, standing up for medical cannabis consumers in the face of proposed THC caps and other harmful state policies, and advocating for equity in the industry, pushing for the long-overdue Pigford Class license to be issued as well as calling for an investigation into state discrimination against Black farmers seeking medical marijuana licenses. She has been an outspoken advocate for federal action to end cannabis prohibition, previously calling on the White House to modernize its cannabis personnel policies, urging democratic leadership in the U.S. Senate to join the House in taking action on cannabis reform legislation, and calling for Florida’s congressional delegation to support the MORE Act to decriminalize cannabis and take much-needed steps to address the racial injustices of prohibition, which recently passed the U.S. House of Representatives.
