
After the U.S. Supreme Court this week said it will hear a case focused on the same federal law, a judge Thursday put on hold a long-running lawsuit about whether Florida medical-marijuana patients can be barred from having guns.
Chief U.S. District Judge Allen Winsor issued a stay of the Florida lawsuit until after the Supreme Court decides whether a law prohibiting drug users having guns violates the Second Amendment. The Supreme Court on Monday announced it will take up a Texas case, known as United States v. Hemani, that focuses on the law.
In a motion seeking the stay of the Florida case, U.S. Department of Justice attorneys wrote that the Supreme Court decision in the Hemani case will “almost certainly have a significant impact” on the Florida lawsuit.
The Florida lawsuit, filed in 2022, is rooted in a conflict between federal and state laws. Under federal law, possession of marijuana is illegal; under a 2016 Florida constitutional amendment, hundreds of thousands of patients are able to buy medical marijuana.
The federal law at issue bars possession of firearms by a person who is an “unlawful user of or addicted to any controlled substance.” The Florida and Texas cases center on whether that prohibition violates the Second Amendment.
“In this (Florida) case, plaintiffs allege that they either use or wish to use marijuana pursuant to Florida’s medical marijuana laws,” said the Justice Department’s motion for a stay, which was filed Thursday. “Plaintiffs also allegedly wish to possess firearms while being regular users of marijuana, but are prohibited from doing so by (the federal law). Plaintiffs seek a declaration that (the federal law) and its implementing regulations violate the Second Amendment as applied to their conduct and an injunction preventing the government from enforcing (the federal law) and its implementing regulations against plaintiffs.”
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