MIAMI, Fla. — Florida Agriculture Commissioner Nikki Fried announced in Miami on Wednesday that she plans to sue the Biden administration over prohibiting medical marijuana users from buying firearms. She was joined at the Benzinga Cannabis Capital Conference by fellow medical marijuana patients and advocates.


What You Need To Know

  • Nikki Fried announced that she plans to sue the Biden administration over prohibiting medical marijuana users from buying firearms

  • She is suing the administration over ATF Form 4473

  • Fried said that this discrimination is unique to medical marijuana patients

The governor candidate has been an advocate herself for medical marijuana users.

She is suing the administration over the Bureau of Alcohol, Tobacco, Firearms and Explosives Firearms Transaction Records form, or ATF Form 4473, which asks the following question:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

Those who answer "yes" to that question are denied from the purchase.

Fried said that this discrimination is unique to medical marijuana patients, and not any other patient who has legal prescriptions for other medications.

She said access to financial services is just one of the many barriers facing medical marijuana patients, due to conflicts between state and federal cannabis laws. These barriers include access to housing, employment opportunities, VA care and other federal services.

“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,” she said.

Florida is one of 37 states where medical marijuana is legalized.

Fried's announcement of the lawsuit was made on April 20 (4/20), which is an unofficial holiday that marijuana enthusiasts celebrate.