By Jelena Martinovic
The Division of Justice has struck but once more. The continuing Florida lawsuit on whether or not medical hashish customers must also have the best to personal weapons obtained extra remark not too long ago when the DOJ claimed that MMJ customers are inherently harmful and subsequently unfit to own firearms, reported Marijuana Second.
“[The DOJ is] now evaluating hashish customers to home abusers with a ‘propensity’ towards violence,” in line with the publication.
Attorneys representing Florida’s Agriculture Minister Nikki Fried, who’s behind a Second Modification lawsuit towards the Biden administration, filed a response transient earlier this month after the Division of Justice urged the federal courtroom to dismiss the case. The plaintiffs have been in search of a listening to earlier than the U.S. District Court docket for the Northern District of Florida.
In its preliminary request for the lawsuit’s dismissal, DOJ cited offensive “parallels to previous gun prohibitions for teams equivalent to Native People, Catholics, panhandlers, and those that refuse to take an oath of allegiance to the federal government and individuals who shoot firearms whereas drunk.”
Now, the DOJ has confirmed its stance by placing non-violent hashish offenses in the identical class as home abusers. The objective of the comparability was to justify disarming individuals charged with misdemeanors.
“Marijuana customers additionally have interaction in legal exercise that renders firearms possession harmful, albeit for various causes (i.e., the propensity for violence for home violence misdemeanants, and the impairing results of marijuana for marijuana customers),” DOJ’s new submitting says.
On the plaintiffs’ argument that hashish customers can “safely use a firearm…when not utilizing or beneath the affect of marijuana,” the DOJ replied that “a marijuana consumer who possesses a firearm may have entry to that firearm when she makes use of marijuana. And since marijuana impairs judgment, the hazard exists that she is going to fail to train sound judgment and use the firearm whereas impaired.”
Background
Fried filed a Second Modification lawsuit towards the Biden administration in April, which she introduced on the Benzinga Hashish Capital Convention in Miami on 4/20.
“No affected person ought to have to decide on between drugs and employment, a roof over their head, entry to capital or their Constitutional rights,” she mentioned.
Since then, Fried has identified on a number of events that the constitutional rights of state-legal medical marijuana sufferers in Florida are constrained due to the present language on a federal type that prohibits them from shopping for a firearm.
“This isn’t about weapons, per se,” Fried mentioned in June. “That is about the truth that, for many years, marijuana sufferers have been discriminated towards—that they see their rights not being fully afforded to them, whether or not it’s on housing or entry to banking or employment. And that is one in every of their different rights.”
In July, Fried filed a revised grievance in a federal district courtroom on the heels of the Supreme Court docket’s choice to dismiss a number of instances and ship them to decrease courts for reconsideration. These instances included bans on assault-style rifles in Maryland in addition to large-capacity ammunition magazines in New Jersey and California. The excessive courtroom’s transfer adopted a landmark ruling that a person’s proper to hold a handgun in public for the aim of self-defense is protected by the U.S. structure.
This text initially appeared on Benzinga and has been reposted with permission.
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