There is an interesting dichotomy in our country today with new laws regarding both weed and guns, including cannabis use and gun ownership. A recent case in the Federal Fifth Circuit Court of Appeals has shed some light on whether it’s lawful for the federal government to prevent marijuana users from owning firearms. There are a lot of strong feelings and opinions around both of these issues, but the law is intended to get past these feelings and move toward justice. So what do you need to know, and what is our advice for you in Florida?

Weed and Guns

Several States have made possession of marijuana legal to possess and consume in some extent. Some states, like Nevada, allow for adults over 21 years of age to possess and use marijuana for recreational purposes. Other states, like Florida, have established legal ways to have and use marijuana if a person has a qualifying medical condition.

As states begin to legalize marijuana, this issue is becoming even more complex. While marijuana is still listed as a Schedule I illegal substance according to the federal government, with decriminalization and legalization happening in multiple states, the question of whether cannabis use qualifies as unlawful is being scrutinized.

While this has made marijuana legal to some extent at various state levels, Federal law still prohibits the possession of cannabis. And 18 U.S.C. 922, a federal law, prohibits “unlawful users” of cannabis and other controlled substances from purchasing and possessing firearms. The potential punishment for violating 18 U.S.C. 922 can be several years in prison. 

Second Amendment

The Second Amendment of the United States Constitution, part of the Bill of Rights, grants citizens the right to bear arms. This amendment has been a subject of ongoing debate, with interpretations varying over time. For gun owners, it affirms the individual’s right to possess firearms for self-defense, hunting, and other lawful purposes. However, this right is also subject to regulations to ensure public safety and prevent potential misuse.

U.S. v. Patrick Daniels Jr., U.S. Federal Court of Appeals 5^th Circuit

On August 9, 2023, The Fifth Circuit Court, which is an appellate court in the Southern part of the U.S. issued a ruling finding that the section of 18 U.S.C. 922 that prohibits a marijuana user from possessing a fire is unconstitutional. You can read about it in detail here. USA v. Daniels, No. 22-60596 (5th Cir. 2023) :: Justia

This is not a binding decision for federal judges and prosecutors in Florida. 

There is no doubt that this decision will be appealed to the United States Supreme Court. If the Supreme Court agrees to hear this case, perhaps a ruling will be issued by the highest court in the next 18 months or so. And that would give clarity for how the entire federal system must approach this issue. 

Our Advice for You

For people in Florida, weed and guns are still a concern. Recreational marijuana has not been legalized in our state, and federal laws will affect gun owners and marijuana users here. Until the Supreme Court rules on this, our advice would be to choose one: guns or cannabis. You do not want to be the test case. It is important to remember that the test cases, such as Richard Daniels Jr., had to face federal prosecution, incarceration, attorney’s fees, and the stress of becoming a convicted felon. 

Do you want to learn more?

Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.