Appeals court says Second Amendment may protect Florida medical marijuana users from federal gun ban—case remanded for deeper review.
On August 20, 2025, a notable three‑judge panel of the 11th U.S. Circuit Court of Appeals held that the federal statute barring “unlawful users” of controlled substances from possessing firearms—18 U.S.C. § 922(g)(3)—may be unconstitutional as applied to state‑law medical marijuana users in Florida. Applying the Bruen standard, the court concluded that plaintiffs—Florida-registered medical cannabis users—had plausibly demonstrated that their Second Amendment rights were infringed, sending the case back to the district court for further proceedings.
Legal Background
Congress enacted 18 U.S.C. § 922(g)(3) as part of the Gun Control Act of 1968, making it illegal for “unlawful users of or addicts to any controlled substance” to possess firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has long interpreted that to include medical marijuana cardholders, even in states where such use is legal. However, under the Bruen framework—established by the Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022)—courts must assess whether firearms restrictions align with the nation’s historical tradition of gun regulation.
Florida and the Plaintiffs
Florida legalized medical cannabis in 2016 via constitutional amendment. Although possessing marijuana remains illegal at the federal level, the Rohrabacher‑Farr Amendment restricts federal funds from being used to interfere with state-sanctioned medical cannabis programs. Plaintiffs Vera Cooper, Nicole Hansell (both registered Florida medical marijuana patients denied firearms due to their status), and Neill Franklin (a former law-enforcement officer seeking to join the medical program without losing gun rights) initiated the case in 2022. The lawsuit originally included then‑Agriculture Commissioner Nikki Fried, who later withdrew after leaving office.
District Court and Appeals Journey
U.S. District Judge Allen Winsor dismissed the lawsuit in November 2022, referencing Bruen’s history-and-tradition test and finding the federal restriction consistent with U.S. regulatory tradition. The plaintiffs appealed to the 11th Circuit.
The 11th Circuit’s Decision
Authored by Judge Elizabeth Branch and joined by Judges Robert Luck and Gerald Tjoflat, the appellate panel reversed the district court’s dismissal. They found that the plaintiffs had no felony convictions, were not shown to be dangerous, nor similar to historical disarmament categories like felons or the mentally ill. The government had failed to meet its burden—at the motion-to-dismiss stage—to show that disarming medical cannabis users fits within the nation’s historical tradition of firearm regulation. The court vacated the dismissal and remanded the case for further proceedings.
Broader Implications
This decision marks a significant appellate pushback against blanket application of § 922(g)(3) to medical marijuana users. It follows a similar 5th Circuit ruling regarding a Texas marijuana-using gun owner. The DOJ has signaled it wants the Supreme Court to resolve conflicting rulings across circuits, urging review in multiple active cases. Meanwhile, the appeals ruling spotlights growing tension between federal prohibition and state-level medical cannabis laws, especially in the firearms domain.
What Comes Next
Back in the district court, factual and evidentiary development will determine whether plaintiffs can ultimately maintain their Second Amendment rights while using state‑legal medical marijuana. Expect reactions from legislators and stakeholders in Florida and beyond. This ruling may catalyze reforms, further litigation, or federal policy adjustments.
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