Florida Democrat Sues Biden Administration to End Ban on Guns and Marijuana

A top Florida Democrat has launched a Second Amendment challenge against the Biden Administration.

Nikki Fried, Florida’s commissioner of agriculture, filed the suit in federal court on Wednesday. Her complaint alleges that current federal law prohibiting marijuana users from owning guns is unconstitutional as applied to Florida’s medical marijuana regime.

“I’m suing the Biden Administration because people’s rights are being limited,” Fried tweeted after NBC News broke the story of her suit. “Medical marijuana is legal. Guns are legal. This is about people’s rights and their freedoms to responsibly have both.”

The suit is just the latest to highlight ways state and federal laws can conflict. While marijuana is legal in Florida for medical use, the substance remains illegal at the national level. The federal Gun Control Act prohibits unlawful users of controlled substances from purchasing or possessing weapons. Likewise, the ATF background check form 4473 requires a prospective gun buyer to affirm that they do not use marijuana under penalty of perjury.