Florida Ag Commissioner sues federal government over gun rights, medical marijuana use

TALLAHASSEE, Fla. - Florida's Agriculture Commissioner Nikki Fried is suing the Biden administration over a role that bans medical marijuana users from legally buying a gun. 

Florida is one of 37 states that have legalized medical marijuana, but it's still illegal on the federal level. When filling out a federal firearm permit form, if applicants admit to using marijuana, they'll be denied. If they lie, they risk a felony charge and possible prison time. 

Fried and three other Floridians announced Wednesday that they are suing the U.S. Department of Justice and the ATF. They said their Second Amendment rights are being infringed upon due to conflicting state and federal laws.

"I am in no way challenging the federal government's right to enact reasonable gun regulations that protect the public," Fried said. "In fact, I believe the federal government needs to take more commonsense actions to keep families and communities safe from the senseless and horrific gun violence that has tragically impacted our state over the years."

Fried believes changing the policy would be safer, allowing for more protections and fewer private sales.

"Now people can go through the proper forms, which means that they are going through proper background checks," Fried said. "There is no evidence that medical marijuana use makes individuals more dangerous or violent.

Nicole Hansell is a single mom of three. Before that, she served in Afghanistan in the U.S. Army Reserves.

"I used to jump out of planes. I've been through a lot in the military," Hansell said.

She uses medical marijuana to treat PTSD and severe anxiety. Though she'd like to legally own a gun to keep her family safe when they travel, she knows, at least for now, that's not an option.

"This is putting me in a position where I have to choose my sanity or protection or choose where I want to cross the line if I have to protect my family," Hansell said. "I fought for these rights, and I don't get them because I use a medicine that works way better than the medicines that the VA gave me.."

Another plaintiff, Neill Franklin of Naples, is a retired law enforcement officer with a concealed carry permit. Though he qualifies for Florida's medical marijuana program, he worries it would disqualify him from keeping his permit or buying firearms in the future. He and the others bringing the lawsuit hope a court finds the challenged policies unconstitutional.