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Agriculture Commissioner Nikki Fried sues Biden administration over marijuana, gun laws

'Medical marijuana is legal. Guns are legal,' Fried said. 'This is about people’s rights and their freedoms to responsibly have both.'

MIAMI BEACH, Fla. — Florida Agriculture Commissioner Nikki Fried announced she is suing the Biden administration over federal gun ownership restrictions for medical marijuana users.

"I’m suing the Biden Administration because people’s rights are being limited. Medical marijuana is legal. Guns are legal," Fried stated on Twitter. "This is about people’s rights and their freedoms to responsibly have both."

During a press conference in Miami Beach, she cited a federal form that requires a gun buyer to answer a question about "unlawful" drug or marijuana use. Marijuana use is illegal under federal law. 

If a person answers "yes" to that question, they are denied from purchasing a gun under federal law, Fried says. However, lying by checking "no" on the form could get you in trouble for making a false statement and risking a five-year prison sentence

Fried says this form, along with federal law, unfairly stipulates a person can own a gun or use marijuana but not both. 

The Department of Agriculture oversees concealed weapon license applications and has some involvement in the cultivation of hemp. Licenses for medical marijuana use must be gotten from the Florida Department of Health

Fried was joined by two out of the three additional plaintiffs named in the suit. One woman was denied from legally buying a gun because she answered "yes" to using marijuana, despite the fact she is legally allowed to use it for medical reasons under Florida law. 

The agriculture commissioner says her lawsuit impacts more than just Florida, but also the other 37 states across the U.S. that have legalized marijuana in some capacity. A total of 18 states and Washington, D.C. and Guam have legalized recreational marijuana. 

She made the announcement on April 20, which is known as 420 Day for a slang term used for marijuana. The news was first reported by NBC News.

Fried is the highest-ranking Democratic elected official in the state and the lone statewide elected Democrat. She is currently running for governor of Florida.

You can watch the full press conference here:

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