Posted on 08/09/2022 5:29:00 AM PDT by Brilliant
The U.S. Department of Justice told a Florida federal judge on Monday that the Sunshine State's medical marijuana patients had no Second Amendment right to possess firearms since they were breaking a federal law.
The DOJ's brief was filed in response to a lawsuit brought by the commissioner of the Florida Department of Agriculture and Consumer Services and three Florida residents, who allege a federal rule barring medical marijuana patients from having guns is unconstitutional.
In its motion to dismiss the case or secure a favorable judgment, the government countered that the policies being challenged by the lawsuit only apply to people who use illegal drugs, specifically cannabis, and therefore do not restrict the Second Amendment rights of law-abiding citizens.
"These laws merely prevent drug users who commit federal crimes by unlawfully possessing drugs from possessing and receiving firearms, and only for so long as they are actively engaged in that criminal activity," the government said.
Citing a medical consent form promulgated by Florida marijuana regulators, the DOJ noted that marijuana "impairs judgment, cognition and physical coordination, including 'the ability to think, judge and reason.'"
The DOJ added that there was a deeply rooted practice in American law and policy of not allowing dangerous or lawbreaking individuals to possess firearms.
"A long tradition exists of viewing intoxication as a condition that renders firearms possession dangerous, and accordingly restricting the firearms rights of those who become intoxicated," the brief said...
Read more at: https://www.law360.com/florida/articles/1519290/doj-says-medical-pot-patients-have-no-right-to-bear-arms?nl_pk=bf582b99-a2b7-4833-bdaa-321c30e1409b&utm_source=newsletter&utm_medium=email&utm_campaign=florida&utm_content=2022-08-09?copied=1
(Excerpt) Read more at law360.com ...
Wait a trap. Made Marijuana legal, made medical Marijuana easily accessible. Then, wham! These people are sadistic.
“Or take aspirin. Yeah, I’m exaggerating...but only a little bit.”
I told you a million times not to exaggerate.
Hunter Biden may testify as an expert witness as to how drug use does not prohibit a person from buying a firearm.
“I told you a million times not to exaggerate.”
I know. But I couldn’t help myself.
Alcohol is not in the federal statute. Marijuana is.
Don't like it, petition the government to have the law changed.
Step two: Make it illegal for those who smoke to own guns.
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Do felons who have paid their debt to society still have the right to speak as they wish, read what they want and go to church? Are these people allowed to peacefully assemble, are they immune from illegal search and seizure? Can the military arbitrarily decide to quarter troops in their homes? Do they have the right to a jury trial of their peers?
Or is it only the 2nd Amendment that appears to be arbitrarily granted or denied?
It’s illegal at the Federal level, but we don’t take guns away from criminals unless they’ve been convicted. What’s being suggested here is that the mere fact you’ve been processed as a medical marijuana user is treated as a conviction for a marijuana crime. I don’t think that’s appropriate.
Alcohol is legal under Federal law. Pot is illegal under Federal law. If you use illegal substances, you are prohibited from owning firearms. That’s one reason that medical marijuana should be avoided, there is a paper trail showing you are using pot.
I think Federal laws should be changed relating to pot, but the law is clear, and those holding medical marijuana cards don’t have much of a defense if the Feds come after them on gun charges.
You should not be denied the right to bear arms on the criminal logic unless you’ve actually been convicted of a crime.
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Please see #27.
Not only 2nd amendment rights, but the right to vote.
3
I think that all those freed from prison and not on parole should have all their rights restored. If they are too dangerous to be allowed their rights, they still should be incarcerated.
It is, but that will never happen.
Not only 2nd amendment rights, but the right to vote.
3
I think that all those freed from prison and not on parole should have all their rights restored. If they are too dangerous to be allowed their rights, they still should be incarcerated.
Yes, I agree. Makes no sense to restrict peoples bill of rights, when they have completed punishment for crimes. If they are to dangerous, then they shouldn’t be in society.
I live (unfortunately for now) in Maryland. Earlier this summer - I was in central NY - in Auburn.
Anyone - I mean anyone - can walk into the Weed Warehouse in west Auburn and buy all the pot they want - cards? they don’t need no stinking cards.
Or anyone can go over to Union Springs and buy all they want from the Cayuga Indians - they sell it at their convenience store.
With the legalization of recreational pot - cards won’t matter.
“Actually, an intoxicated person is barred from arms under both (most, if not all) state and federal laws.
And barred from driving on public roads, flying private or commercial aircraft, etc.
Clear precedent. It’s a rarity that one can on occasion agree with this DOJ.
MJ is a controlled substance with no proven medical use. Being stoned is not a therapy. I know many freepers libertarian streak will call for my “stoning”, but this is truth.”
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People may be barred from driving while intoxicated, but they are not barred from driving otherwise, nor are they barred from owning a vehicle at all. Most states have limits on driving while “impaired” but not after having one drink with their BAC being less than .08. So the two issues are not really the same.
We don’t say, “Oh, you were really drunk while at home last Saturday, so you can never drive on the public roads again”. Nor do we prevent people from driving who take controlled prescription drugs. It’s only when they are impaired that they are barred from driving.
but but but Brittney GRINDER!!!
“DOJ Says Medical Pot Patients Have No Right To Bear Arms”
DOJ Says no one has the Right To Bear Arms except the, IRS and other government ogranizations
There, fixed it
There are multiple new, in some cases long term studies which show that long term weed use causes mental illness including paranoia but the marijuana users will not hear of this and are determined to have access to their drug of choice. Many of the mass shooters were pot users. The defense will be but alcohol, alcohol, alcohol...
Has the question of whether persons taking antidepressants or antianxiety meds be forbidden from purchasing or possessing firearms ever been widely discussed? A lot of people take these and I’m sure some of them own firearms for recreation, self-defense, hunting, hobbies, etc. Slippery slopes.....
In NY where I can buy recreational pot I can not keep my pistol license if I smoke pot or take meds for certain pain or depression. Also a new law will require pistol license holders to divulge any and all social media they may be on.
Who knows. Urine tests may be next
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