Drug charges affect everyone facing them, from financial fines to bans on constitutional rights. Depending on the situation, even legally accessing medical marijuana may restrict a patient’s gun access, as Marijuana Moment reports.
It might sound frustrating, especially when people following all the right steps still face unjust penalties.
Rebutting Department of Justice arguments
The Florida Agriculture Commissioner has taken a stand against a DOJ motion to dismiss her lawsuit. The lawsuit in question aims to secure the plaintiffs’ right to own a gun despite their status as medical cannabis patients.
However, the federal government still has a ban on cannabis. The legal use of medical marijuana for the two Florida plaintiffs bars them from firearm use.
Attorneys for the plaintiffs believe a one-hour hearing to appeal with oral arguments may help sort out the issues.
Untangling marijuana laws and constitutional rights
Legal use of marijuana has its downsides, because of the federal scheduling of this drug. Illegal use of marijuana may threaten someone’s future in a more dire way. Even possessing less than 20 grams of marijuana without a medical prescription risks up to one year in jail.
Possession over 20 grams risks up to five years in jail. Florida statutes deem possession over 25 lbs trafficking. This is a felony charge that may incur mandatory fines of $25,000 or more.
Facing serious drug charges is a complicated situation. There are a lot of moving pieces and accountability to identify. Defending against these allegations may help alleviate or reduce criminal penalties and preserve a person’s future opportunities and constitutional rights.