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Reason
Reason
Jacob Sullum

Florida's Agriculture Commissioner Says the Ban on Gun Possession by Marijuana Users Is Unconstitutional

Nikki Fried, who runs Florida's Department of Agriculture and Consumer Services, is suing the Biden administration over a federal law that prohibits marijuana users from possessing guns. Fried, who is the only Democrat among Florida's statewide elected officials and is seeking the Democratic nomination for governor, argues that the ban violates the Second Amendment and a congressional spending rider that bars the Justice Department from interfering with state medical marijuana programs.

Florida is one of 37 states with such programs, and Fried is suing in her official capacity, because her department oversees concealed carry permits and parts of the state's cannabis industry. "I'm suing the Biden Administration because people's rights are being limited," she said on Twitter this morning. "Medical marijuana is legal. Guns are legal. This is about people's rights and their freedoms to responsibly have both."

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