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 ...
You cannot have exceptions without questioning. And while I may not like the idea of a drunk or a druggie bearing arms, he has every right to defend himself. He has not committed a crime until he uses a weapon illegally.
Good point. I think the recent decision by the Supremes that backed the 2nd as NOT a secondary right that is interpretable by government bureaucrats will probably apply here.
You mean as the government sees fit.
Look up medical marijuana for pain. I have a friend dying from cancer and medical marijuana is the only thing that gives him relief.
I'd think you would have to convict them of that first, and then we can talk.
-PJ
Telling. Liberty and responsibility are directly related.
To most, that’s a foreign concept.
I have, very large bodies of research say both yes and no. It’s a coin toss.
Get MJ off the schedule 10 and then we can discuss. There’s are reason, after a century, it’s still there.
Yes. That’s what I think.
Really? So I read some of your posts and I think we likely agree 98-99% on what’s important.
Your homepage states: While I am not always right on a matter, I am teachable...
What reason did they use when they made it illegal? They had no scientific data.
Do you know which groups benefit the most from using it?
If someone around you is stoned how do you even know if
they clear the bad breath and eliminate the bloodshot eyes?
Granted your ‘both sides’ research is pretty heavy about it’s bad qualities, but once again how was that scientifically proven?
Mankind has been using MJ the same as alcohol throughout history. One is harmless and not physically addictive except for a short-term lowering of IQ ~10 pts (yes, agreed some can not afford to add to their stupidity) while the other is highly addictive to some, kills all living cells that it comes in contact with, and severely lowers IQ and autonomy to the point of total loss of bodily control and memory.
Now ask yourself what was the true motive for making it illegal in the 1930’s? Better yet did Harry Anslinger prove to be correct with his ATF movie/propaganda?
Some people just want all ~ 100k or so laws (currently) enforced to perfect our culture. A true Christian might notice 10 commandments whittled down to just 2. Or maybe also notice if we had stuck tightly to the Constitution then how many new laws are really needed?
Now that Roe v Wade was overturned, we as patriotic citizens should be enlightening ourselves regarding how many other laws violate the intention of the founding fathers.
The ‘leaders’ that followed the FF, many have been taking their oaths with fingers crossed behind their backs. Think about it, fpr crying out loud they made a plant ILLEGAL, a plant that many enjoyed but many more used for a myriad of symptoms AND it worked!
Here’s an eye-opener for you to research: Science for blood pressure and it’s most widely used prescription lisinopril.
Here’s a hint: More leftist hypocrisy and projectionism claiming those selling many healing ointments, tinctures, and simple compounds in the 1930’s were labeled ‘what-type-of’ salesmen.
Just so no one misses my point above...
Lisinopril is derived from the venom of the pit viper!
The following 15 States are medical marijuana and constitutional carry:
Alaska
Arizona
Arkansas
Kansas
Maine
Mississippi
Missouri
Montana
New Hampshire
North Dakota
Ohio
Oklahoma
Utah (me)
Vermont
West Virginia
Thus they "allegedly" lose both their right to vote, as well as bear arms. Depending upon their offense, they may lose certain other "rights" such as the freedom to freely associate. Consider a convicted sex-offender may be prohibited from living within some distance of minors. These are established legal findings, not the arbitrary sentencing of a judge who feels that he can make up laws as he goes along.
Yes, it’s amazing how many uninformed people that have no idea what they are talking about. It sure beats years of Oxycontin for unbearable pain. Wasnt addicted ...was in constant level 10 plus range. Used to think it was BS until pain management took me off Oxycontin when I moved to Florida and put me on a variety of cannibus until I found the variey and strain that works...
BTW...that little box on my Concealed permit asked me if I was addicted to any illegal substance. What I was taking was LEGAL in my state. I got my permit.
I know that. My wife has used it for hypertension, and modern vasodilators are synthetic if that matters. Can’t collect and milk the pit vipers just because folks are tense.
What was your point?
The reason it’s illegal is that the DemocRats wanted another reason to enslave blacks on their prison plantations a century ago. They claimed that black men were getting high on marijuana and raping white women. Reefer Madness was propaganda to keep it illegal during Prohibition.
Years of frequent marijuana intoxication changes brain chemistry for the long term. Marijuana also turns its users to the left.
Look at the gun control laws in states that legalized marijuana. They’re gladly trading their addictions for their Second Amendment rights. There’s no constitutional right for drug abuse.
Let’s begin with the understanding that the Biden Admin is pretty #ing stupid with a political expiration date.
Okay, we’re done.
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