I know we have members here from Florida, so we're posting this as a heads up. It also applies to anyone who has a Florida non-resident carry permit.
For whatever reason, firearms carry permits in Florida are issued by the Department of Agriculture. For equally obscure reasons, now that Florida has begun allowing the use of marijuana for medical purposes, the issuance of medical marijuana cards also falls under the Department of Agriculture.
As you all know (or should know), despite the "legalization" of marijuana by some states, marijuana remains a prohibited substance under federal law and any use of marijuana makes you prohibited from firearms use or possession under federal law. Period. No exceptions. Which means that Florida should not issue carry permits to anyone who uses marijuana, even for medical purposes. This is specifically covered in Florida law.
But the new Commissioner of the Department of Agriculture has decreed that her department will continue to issue permits to people who hold medical marijuana cards. Some folks will be cheering this [unlawful] proclamation. We suggest holding the applause. The reason: a person with a medical marijuana card may get their permit (or get it renewed), but each day they possess or carry their sidearm they will be violating federal law. To put it more bluntly ... they will be committing a felony offense. If they ever have to use that firearm in a self defense situation, the legal fallout will undoubtedly be "interesting."
https://thefirearmfirm.com/medical-m...-license-cwfl/
Florida Statute section 790.06(2)(f), appears to contradict her statement that alcoholics and people addicted to prescription drugs are allowed to purchase and possess guns, while section 790.06(2)(n) seems to clearly indicate that the Department of Agriculture is not supposed to issue a CWFL to a person prohibited by Federal Law from possessing or purchasing a firearm.
Although it now appears likely that the Department of Agriculture, under Commissioner Fried will issue CWFLs to those with a medical marijuana card and will not seek to revoke those already issued, anyone who has a medical marijuana card and/or prescription for medical marijuana should be aware that the federal government and the ATF are not bound by Commissioner Fried’s interpretation of the law and can and likely will still prosecute those who possess firearms. Under the law it does not seem that you can have both a medical marijuana card and a CWFL.
[As an aside, that's one of the poorest written articles I've seen in a long time. It's like the law firm got a wholesale price on commas, but they didn't come with an instruction book on how or where to use commas for punctuation. Oh, well.]
Bookmarks