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Florida Agriculture Commissioner Files Appeal After Judge Dismisses Lawsuit Challenging Federal Laws on Medical Cannabis and Firearms

At issue is a federal policy that prohibits certain people, including those who use illegal drugs, from purchasing and possessing guns.

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Africa Studio | Adobe Stock

Florida Agriculture Commissioner Nikki Fried and other plaintiffs in a lawsuit challenging federal laws governing medical cannabis and firearms aren’t ready to give up their fight just yet.

A U.S. district judge dismissed the case earlier this month, but Fried and the other plaintiffs—including medical cannabis patients and a gun owner—have filed an appeal, according to a WUSF report.

Fried announced her plan to sue the Biden administration in April in a lawsuit that takes aim at a conflict between state and federal law. While Florida’s 2016 medical cannabis law allows registered patients to legally purchase and use cannabis in the state, it remains illegal at the federal level, and federal laws prohibit those who use illegal drugs from purchasing and possessing firearms.

The plaintiffs argue that the current regulations violate medical cannabis patients’ Second Amendment rights, but in U.S. District Judge Allen Winsor’s decision to dismiss the case, he said cannabis is still federally illegal, despite Florida’s medical cannabis laws.

The notice of appeal did not provide detailed arguments that will be made in the appeals court, WUSF reported.

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