Feds Must Defend Historical Rationale Of Banning Guns For Medical Marijuana Patients, Revised Lawsuit Argues After SCOTUS Ruling

Feds Must Defend Historical Rationale Of Banning Guns For Medical Marijuana Patients, Revised Lawsuit Argues After SCOTUS Ruling
MJ moment

A recent U.S. Supreme Court ruling overturning state gun restrictions has raised new questions about the constitutionality of the federal ban on guns for medical marijuana patients—and a lawsuit that a top Florida official filed against the Justice Department over the issue has been revised to make new arguments based on the high court’s latest decision. In an amended complaint filed in a federal district court on Friday, lawyers for Florida Agriculture Commissioner Nikki Fried and other plaintiffs cited the SCOTUS ruling, which generally creates a higher standard for jurisdictions that seek to impose restrictions on gun rights. At a high level, the ruling states that any such restrictions must be consistent with the historical context of the Second Amendment’s original 1791 ratification. According to the plaintiffs, the question now becomes: Is there historical precedent to justify the current federal policy that prohibits people who admit to using cannabis as part of the background check process from purchasing and possessing firearms? Considering that marijuana prohibition was enacted more than a century years after the ratification of the Second Amendment—and the fact that cannabis was previously prescribed by doctors before the plant was criminalized—the plaintiffs argued that the ban does not hold water under the new ruling. “Quite simply, there is no historical tradition of denying individuals their Second Amendment rights based solely (or even partially) on the use of marijuana,” the revised filing says. “In fact, historical evidence shows that marijuana was considered a legitimate and legal form of medicine in England, America, and other western countries through the mid-Nineteenth and early-Twentieth Centuries. It was also discussed and researched for its medical properties in and around the time the Second Amendment was ratified. There was no law or regulation preventing marijuana users from possessing firearms in or around those time…

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Source : Feds Must Defend Historical Rationale Of Banning Guns For Medical Marijuana Patients, Revised Lawsuit Argues After SCOTUS Ruling

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