Guns & medical marijuana: Nikki Fried sues federal government to allow patients to buy guns on 4/20

Democratic gubernatorial hopeful and Florida Commissioner of Agriculture Nikki Fried is suing the federal government in an effort to allow medical marijuana patients to legally purchase firearms.

Even in states like Florida, patients would technically be breaking the law by purchasing a gun.

That restriction exists because federally, marijuana is still classified as a Schedule 1 drug.

“It used to just be the question part, and now they added that warning,” said Ziadeh Farhat, a sales manager at Green Acres Sporting Goods on Normandy Boulevard.

The warning label tells potential gun buyers that, even if medical marijuana is legal in your state, patients still cannot legally buy a gun under federal law.

Farhat told us he has to deny a customer at least once a week because they reveal they have a medical marijuana card.

“Because that question has to be a no for me to even run a background check,” said Farhat.

Farhat describes it as a catch-22.

A patient could lie on the form and clear a background check, but doing so could open them up to prosecution.

“I’m not aware of that happening, but it could happen,” said Farhat.

But periodically it is a risk many patients, like Carrie McClain, are not willing to take.

“This (is a) very difficult question of medical health versus personal safety,” said McClain.

McClain told us that choice was not difficult for her, but for her veteran father who suffers from Crohn’s Disease, the calculation was different.

“He’s definitely not going to give up his right to bear arms in order to have a medical marijuana card,” said McClain.

Commissioner of Agriculture Nikki Fried is now challenging the federal prohibition, suing the US Department of Justice and the ATF.

“No patient should have to choose between their medicine and employment or a roof over their head or access to capital or their constitutional rights,” said Fried in a Miami press conference Wednesday.

As unusual as it may seem for a Democratic gubernatorial candidate to file suit against an administration of their own party to expand access to firearms, McClain said she does not see the move as political.

“However people are going to vote later is not really the issue here. It is going to benefit both parties,” said McClain.

Whether Fried’s shift to the center translates to more votes at the ballot box remains to be seen.

Before an appeal to independent or even conservative voters can really bear fruit, she will have to score a victory over her Democratic challengers in the August primary.

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