Home » The 11th Circuit revives a constitutional challenge to the federal law that disarms medical marijuana patients

The 11th Circuit revives a constitutional challenge to the federal law that disarms medical marijuana patients

The 11th Circuit revives a constitutional challenge to the federal law that disarms medical marijuana patients

The U.S. Court of Appeals for the 11th Circuit last week revived a Second Amendment challenge to the federal law that bars illegal drug users from owning guns. In a ruling published on Wednesday, a three-judge panel unanimously concluded that the federal government had failed to show that policy, as applied to state-authorized medical marijuana users in Florida, is “consistent with this Nation’s historical tradition of firearm regulation”—the constitutional test that the U.S. Supreme Court established in the 2022 case New York State Rifle & Pistol Association v. Bruen. 

“Whenviewedinthelightmostfavorabletotheplaintiffs,theallegationsintheoperativecomplaintdonotleadtotheinferencethattheplaintiffsarecomparativelysimilartoeitherfelonsordangerousindividuals—thetwohistoricalanaloguestheFederalGovernmentoffersinitsattempttomeetitsburden,”writesJudgeElizabethBranch,aDonaldTrumpappointee,inanopinionjoinedbyJudgesRobertLuckandGeraldTjoflat,wh