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The agriculture commissioner in Florida has described as “insulting” the memo the U.S. Department of Justice filed supporting its motion to dismiss a lawsuit challenging the denial of the right to buy a firearm by users of medical marijuana. The said lawsuit was filed by Commissioner Nikki Fried in April 2022.
No one is surprised that the DOJ asked the court to dismiss this lawsuit, but the contents of the memo the federal agency penned has attracted widespread criticism from several quarters. For starters, advocates have taken exception to the description of medical marijuana users, such as terminally ill cancer patients and military veterans suffering from chronic pain, as people who are too dangerous to be trusted with firearms.
Fried and other reform activists say describing people in dire need of medical marijuana in such an insensitive way is insulting and disappointing given the sizeable body of scientific evidence backing the therapeutic benefits of marijuana. They also say that the DOJ is insisting on taking a position that is a relic of the reefer madness period while the world, and specifically the American public, has moved past such stereotypes.
More criticism was also triggered by the DOJ using centuries’ old case law to back up its position on gun rights for users of medical marijuana. The department specifically wrote that its stance is supported by bans on gun ownership by Native Americans, panhandlers, Catholics and habitual drug users, and this supposedly justifies its insistence that medical marijuana users shouldn’t be allowed to acquire firearms. The DOJ doesn’t at any point recognize that the case law it is citing was discriminatory and that the country has since made adjustments in its actions.
The case law citations included in the DOJ memo were a direct reply to the petitioners’ inclusion of a ruling made by the Supreme Court in New York stipulating that the amendment to bear firearms is supreme and that any attempt to restrict such rights can only happen if such an infringement is in line with the historical circumstances and intent of the amendment.
The attorneys representing Fried and the other plaintiffs are now working to respond to the last-minute memo filed by the DOJ. It should be noted that Fried is contesting to stand against Governor Ron DeSantis during the November polls. She says that if she is elected to that office, she will have no problem involving her new office in this case since it is a matter to which she is committed.
The sentiments implicit in the DOJ response are likely to rub industry actors such as Advanced Container Technologies Inc. (OTC: ACTX) the wrong way since they are working toward changing the attitude and sentiment toward marijuana users generally and particularly medical marijuana users.
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