Landmark Ruling Affirms Gun Rights for Florida’s Medical Marijuana Patients

In a significant development for both Second Amendment and medical marijuana advocates, the 11th U.S. Circuit Court of Appeals in Atlanta issued a ruling that could reshape the intersection of gun rights and cannabis use under federal law.

On August 20, 2025, a three-judge panel from the 11th Circuit vacated a lower court’s dismissal and sent the case back for further consideration. The court held that plaintiffs—state-compliant medical marijuana users in Florida—plausibly argued that federal laws barring gun ownership solely based on marijuana use infringe on their Second Amendment rights. The judges determined that the government failed to demonstrate the necessary historical precedent to justify disarming individuals who have neither committed violent crimes nor pose a proven danger.

Judge Elizabeth Branch, writing for the panel, emphasized that the plaintiffs—who include Vera Cooper, Nicole Hansell, and former law-enforcement officer Neill Franklin—“cannot fairly be labeled as dangerous people solely due to their medicinal marijuana use.” As such, disarming them outright is inconsistent with the nation’s tradition of firearm regulation.

This isn’t just about individual rights. It represents a legal challenge to the federal statute 18 U.S.C. § 922(g)(3), which bars “unlawful users of or addicted to any controlled substances” from possessing firearms. Though marijuana is illegal under federal law, Florida has legalized medical use since 2016 under its constitutional Amendment 2.

The plaintiffs—responsible state-sanctioned patients—have argued that this blanket prohibition imposes undue restrictions on Floridians who comply with their state’s laws. The Justice Department, however, contended that firearm restrictions aimed at those who use illegal drugs are consistent with historical measures disarming dangerous individuals.

The ruling aligns with a similar decision by the 5th Circuit that questioned the constitutionality of permanently disarming nonviolent, non-convicted drug users. As courts increasingly apply the 2022 Supreme Court “Bruen standard”—requiring firearm restrictions to match historical practices—such precedents are reshaping how courts view drug-related firearm bans.

This case may eventually reach the U.S. Supreme Court, amplifying its impact beyond Florida. Advocates see it as a milestone in ensuring medical marijuana patients aren’t automatically stripped of fundamental constitutional rights.

Nikki Fried, former Florida Agriculture Commissioner and now Chair of the Florida Democratic Party, initially supported the lawsuit in 2022. She hailed the appeals court’s decision as “a huge win for freedom” and “a clear message that medical marijuana use should not strip away fundamental rights”.

Jodi James, president of the Florida Cannabis Action Network, echoed this sentiment, calling the ruling “monumental” for patients who’ve long been caught in the crossfire of outdated federal policies. Similarly, plaintiff attorney William Hall asserted that the Second Amendment doesn’t allow the government to “categorically deem all medical marijuana patients too dangerous” to exercise their fundamental rights.

Having reversed the lower court’s dismissal, the case will return to the district court for further proceedings. Whether the Justice Department will appeal remains to be seen, but given the case’s potential implications, it’s a strong possibility.

This ruling underscores a growing recognition that individuals legally using medical marijuana should not be unfairly categorized as dangerous or criminal. As the legal landscape evolves, this decision will likely influence how courts nationwide interpret the balance between drug policy and constitutional rights.

MMTCFL stands at the forefront of this new era for patient rights, providing a clear path for qualified Floridians to legally access medical marijuana. If you have a qualifying condition and want to explore this natural alternative without compromising your Second Amendment rights, now is the time to act. Don’t let uncertainty prevent you from finding relief. Contact MMTCFL today to schedule a consultation with one of our compassionate, state-certified physicians and take the first step toward reclaiming your health and your rights.