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Federal Appeals Court Gives Medical Marijuana Patients Who Want To Own Guns A Win

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As the U.S. Supreme Court considers a series of cases challenging the current ban on gun ownership by people who use marijuana, another federal appeals court has ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms.

A three-judge panel of the U.S. Court of Appeals for the Eleventh District, in a opinion authored by Judge Elizabeth Branch, departed from the ruling of a district could that upheld the federal statute, Section 922(g)(3), that precludes any “unlawful users” of controlled substances from owning or purchasing firearms.

While the Justice Department has repeatedly argued that people who use cannabis, in compliance with state law, are uniquely dangerous—and that there are historical analogues in U.S. gun laws that justify the ban—the appeals court disagreed, vacated the prior ruling and remanded the case back to a lower court.

The federal government’s “allegations in the operative complaint do not lead to the inference that the plaintiffs are comparatively similar to either felons or dangerous individuals.”

The plaintiffs in the years-long case are Vera Cooper and Nicole Hansell, who are registered medical cannabis patients denied gun purchases over their admission to participating in the program, and Neill Franklin, a former police officer who wants to access medical marijuana without jeopardizing his right to own a firearm.

Former Florida Agriculture Commissioner Nikki Fried (D) initially led the suit against the federal government, but she was removed from the case after leaving her state office. The Republican commissioner who replaced her declined to become involved in the legal proceedings.

One of the most controversial aspects of the many active firearms and marijuana cases deals with a U.S. Supreme Court ruling in 2022 where justices generally created a higher standard for policies that seek to impose restrictions on gun rights. The ruling states that any such restrictions must be consistent with the historical context of the Second Amendment’s original 1791 ratification.

To that end, the Justice Department has argued that the two medical cannabis patients in the Florida case should be deprived of their gun rights due to their alleged felonious activity and dangerousness.

After reviewing the district court ruling on appeal, the Eleventh Circuit said “nothing in the [complaint] indicates that [plaintiffs] have committed any felony or been convicted of any crime (felony or misdemeanor), let alone that their medical marijuana use makes them dangerous.”

“Thus, the government failed to meet its burden—at the motion to dismiss stage—to establish that disarming medical marijuana users is consistent with this Nation’s history and tradition of firearm regulation,” the opinion says.

“Nothing in the [complaint] indicates that Cooper and Hansell are engaged in any drug market aside from the Florida medical marijuana market, which is highly regulated and requires dispensaries to comply with State law as enforced by the Florida Department of Agriculture and Consumer Services. Nor is there any indication in the [complaint] that Cooper and Hansell ‘pose a credible threat’ to the public safety of others based solely on their use of medical marijuana.”

The judges also noted that the new opinion “comports with sister circuit precedent, U.S. v. Connelly. In that case, the court ruled that the government failed to demonstrate that lawful restrictions on gun ownership by domestic abusers or the mentally ill were sufficiently similar to its law against firearm possession by drug users.

The Eleventh Circuit’s ruling comes about two weeks after the Trump administration asked the U.S. Supreme Court to take up a specific case on the federal government’s ban on users of marijuana and other illegal drugs from owning firearms and uphold the prohibition, arguing that it’s consistent with the 2nd Amendment.

To that end, the DOJ solicitor general is urging SCOTUS to hear one of five relevant cases to resolve conflicting lower court decisions on gun rights for cannabis consumers.

In the request, the solicitor general reiterated his position that, despite recent appeals court decisions calling into question the constitutionality of the firearms ban for people who use cannabis—even in compliance with state law—the restriction is nevertheless lawful.

The nine justices were set to privately discuss whether to take up the case requested by DOJ, as well as three other cannabis and gun rights cases, in a private meeting next month—but the dockets for the cases now say the matter has been “rescheduled,” though a new date has not yet been announced.

A number of federal courts in recent months have cast doubt on the legality of 922(g)(3), finding generally that while the ban on gun ownership among drug users may not be entirely unconstitutional, there’s scant historical precedent for such a broad restriction of Second Amendment rights on an entire a category of people.

As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition.

In a ruling last month, for instance, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others.

The new Eighth Circuit opinion appears to differ from a recent Third Circuit ruling in that the new decision says that not every application of 922(g)(3) “require[s] an individualized factual determination,” explaining that such determinations wouldn’t be necessary if the government could demonstrate that a particular drug made an entire class of users dangerous.

By contrast, the Third Circuit earlier this month said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants.

The appeals panel ruled that while a person “need not have harmed someone, threatened harm, or otherwise acted dangerously to justify his disarmament,” the history of gun laws in the country requires that “district courts must make individualized judgments and conclude that disarming a drug user is needed to address a risk that he would pose a physical danger to others.”

Judges in that case noted that historical restrictions on gun ownership under “drunkenness and lunacy laws” in the U.S. “were still always based on an ‘individualized assessment’ rather than a categorical judgment.”

Earlier this year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent.

A federal judge in El Paso separately ruled late last year that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed.

Another panel of judges, on the U.S. Court of Appeals for the Tenth Circuit, heard oral arguments in November in the government’s appeal of a district court ruling that deemed the gun ban unconstitutional.

Meanwhile, at an NRA conference in 2023, Trump suggested there might be a link between the use of “genetically engineered” marijuana and mass shootings. He listed a number of controversial and unproven factors that he said at the time he would direct the Food and Drug Administration (FDA) to investigate as possibly causing the ongoing scourge of mass shooting afflicting the country.

“We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks” that lead to gun violence, he said.

Last year, then-President Joe Biden’s son Hunter was convicted by a federal jury of violating statute by buying and possessing a gun while an active user of crack cocaine. Two Republican congressmen challenged the basis of that conviction, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted.

The situation has caused confusion among medical marijuana patients, state lawmakers and advocacy groups, among others. The NRA’s lobbying arm said recently that the court rulings on the cannabis and guns issue have “led to a confusing regulatory landscape” that have impacted Americans’ 2nd Amendment rights.

Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms.

Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short.

As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law.

Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill.

Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the 2nd Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level.

Read the Eleventh Circuit’s opinion in the medical marijuana and gun rights case below: 

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Rhode Island Opens Applications for 24 Adult-Use Dispensary Licenses

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[PRESS RELEASE] – WARWICK, R.I., Sept. 12, 2025 – The Cannabis Control Commission  (CCC) opened the application period for adult-use cannabis retail licenses, marking the beginning of the largest expansion to Rhode Island’s cannabis industry. The commission is authorized under the Rhode Island Cannabis Act to license up to 24 retail establishments statewide, divided equally across six geographic zones, making this announcement a defining moment in shaping the state’s cannabis marketplace.

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“Today’s announcement represents years of work, collaboration and preparation to ensure Rhode Island has a cannabis marketplace that is safe, transparent, and equitable,” CCC Chairperson Kim Ahern said. “The release of this application and launch of our submission portal is not only about opening doors for businesses but about creating meaningful opportunities for Rhode Islanders while keeping public health and public safety at the center of everything we do.”

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With only 24 retail licenses available statewide, the launch of the application process is expected to draw significant interest from prospective applicants. Together with the Social Equity Applicant Status Certification Portal, which opened in August, the application process reflects the CCC’s deliberate steps toward building a cannabis industry that prioritizes economic opportunity, equity and fairness in Rhode Island.

“Rhode Island’s cannabis market is poised for growth, and this application is helping us do exactly that,” Gov. Dan McKee said. “As we expand the cannabis industry here in the Ocean State, we’re opening the doors to new investment, new good-paying jobs, and new opportunities for our economy.”

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Adult-use retail licenses will authorize sales of cannabis products to adults 21 and older. By releasing the application and opening the submission portal simultaneously, the commission is providing applicants with a transparent process while reinforcing its commitment to accountability and access.

“Today’s release of the adult-use retail license application reflects the commission’s commitment to equity and accountability,” Commissioner Layi Oduyingbo said. “This framework provides applicants with the information they need while reinforcing our responsibility to safeguard public health and consumer safety.”

Commissioner Robert Jacquard said, “The commission aims to make this application process as business-friendly as possible, while upholding standards that will protect public health.”

To ensure the process is fair and accessible, the commission and Cannabis Office will provide technical assistance resources and ongoing guidance for prospective applicants. Applications will be accepted until 4 p.m. on Dec. 29, 2025.

“This is a milestone that reflects the dedication and perseverance of so many people,” Cannabis Office Administrator Michelle Reddish said. “From lawmakers and advocates to community members and our dedicated staff, countless individuals have helped build the foundation for this moment. By publishing the application today, we are taking a historic step toward building a cannabis marketplace that serves consumers, supports equity and advances public health in Rhode Island.”

The adult-use retail license application is available on the commission’s website at www.ccc.ri.gov/auapp.



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Can LSD Battle Anxiety? The Answer Is Yes, According to Science

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Hands down, one of the drugs that has received the worst press in the decades marked by the War on Drugs has been LSD. All sorts of things have been said about this molecule: that it drives you crazy, or suicidal, that it remains stored in your body forever, that it irreparably damages the brain… Fortunately, we now have professionals investigating the matter, with a scientific perspective rather than a moralistic or prohibitionist one.

One of the latest findings on the subject seems to directly contradict one of the great myths about LSD: instead of leading to insanity, this compound could reduce anxiety. This is according to a study by Mind Medicine (MindMed) Inc., a biopharmaceutical company that has been researching psychedelic compounds for mental health for many years. While the preliminary results were released in 2022, they were officially published this month in the Journal of the American Medical Association.

This isn’t the first time MindMed has embarked on studying this topic: it had already achieved positive results with LSD for anxiety on another occasion. In fact, the FDA granted Breakthrough Therapy designation for generalized anxiety disorder (GAD) to the company’s proprietary drug candidate, MM120, a pharmacologically optimized formulation of LSD.

LSD and Anxiety: What the MindMed Study Says

The company conducted a multicenter, randomized, double-blind, placebo-controlled Phase 2b study at 22 outpatient psychiatric research centers in the US. The effects of a single dose of MM120 (lysergide D-tartrate, LSD) were analyzed in 198 adults with moderate to severe generalized anxiety disorder (GAD). Participants experienced sustained improvements in their condition over the 12-week observation period.

According to the company’s press release, this is the first randomized, placebo-controlled trial evaluating a single treatment at four dose levels (25, 50, 100, or 200 µg), without any psychotherapeutic intervention.

The optimal dose of MM120 was determined at 100 µg. This demonstrated a “clinically and statistically significant improvement vs. placebo, and a 65% clinical response rate and 48% clinical remission rate” at the end of the experiment.

Likewise, tolerance to the medication was positive, with the expected adverse effects of an LSD experience remaining mild to moderate and lasting only one day.

During the study, participants receiving medication for their condition had to discontinue such treatment under the supervision of the study professionals. Furthermore, on the day of dosing, they were offered “standardized music and eyeshades and could lie down, move freely around the room, read, write, or draw.” It should be noted that the study protocol explicitly prohibited participation in psychotherapy.

Dr. Maurizio Fava, one of the study’s authors, stated that “this study is a true turning point in the field of psychiatry… For the first time, LSD has been studied with modern scientific rigor, and the results are both clinically meaningful and potentially paradigm-shifting for the treatment of GAD. GAD affects 26 million adults in the U.S., yet no new medications have been approved since 2007—and first-line treatments fail 50% of patients.”

Thus, scientific innovation continues to advance against the willful ignorance of prohibitionists, working tirelessly to ensure patients have access to the relief that traditional therapies fail to provide.

This article was first published on El Planteo.



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Kentucky Medical Marijuana Dispensaries Should Be Stocked With Products Ready For Sale By Next Month, Top State Official Says

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Kentucky’s top medical marijuana regulator said he expects that dispensary shelves will be stocked with products ready for sale to patients by next month.

Two of the state’s 16 medical cannabis cultivators are now operational, according to Cannon Armstrong, executive director of Kentucky’s Office of Medical Cannabis (OMC).

“If everything goes according to plan for them, I think that they’ll have medical cannabis that will be ready to harvest and be put on the shelf, you know, by October,” he told Spectrum News 1. “So we’re moving and we’re finally getting to a point where we’re, these patients are going to receive this medication sooner than later.”

Armstrong predicted that the first sales will likely occur at a dispensary in Beaver Dam called The Post.

“I think you’re going to see the first products out there based upon just how it’s shaken out,” he said. “You know, someone may step up their timeline and may get out there before that or get product from there and place it somewhere else in the state.”

As of now, OMC has approved more than 19,000 patients certifications, Armstrong said.

He added that medical cannabis supplies should be relatively scarce as the market first launches, and said that as a result initial prices will be higher than they eventually will be.

Earlier this month, Gov. Andy Beshear (D) said he thought medical marijuana would be available to Kentucky patients by the end of 2025.

“The medical marijuana program is moving forward,” he said at a press briefing at the time.

“I think most of our dispensaries now have their home address [and] are set about where they’re going to be, but [for] some of the inspections that have to happen in dispensaries, they have to have product that’s there,” he said. “So I do believe they’ll be operating before the end of the year.”

Those comments came roughly a month after the governor announced that the state’s first medical cannabis dispensary has officially been approved for operations, calling it “another step forward as we work to ensure Kentuckians with serious medical conditions have access to the medicine they need and deserve.

He previously touted an earlier “milestone” in the state’s forthcoming medical marijuana program, with a licensed cultivator producing “the first medical cannabis inventory in Kentucky history.”

Beshear’s office has said that other cannabis licensees, including processors and testing labs, are expected to become operational soon.

In July, Beshear sent a letter to President Donald Trump, urging him to reject congressional spending bill provisions that would prevent the Justice Department from rescheduling marijuana.

In the letter to the president, he emphasized that a pending proposal to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) is something “you supported in your presidential campaign.”

“That process should be allowed to play out. Americans deserve leadership that won’t move the goalposts on them in the middle of the game,” Beshear said, noting that he was among the tens of thousands who submitted public comments in favor of the reform after it was initiated under the Biden administration, “demonstrating broad public interest in rescheduling.”

“I joined that effort because this is about helping people. Rescheduling would provide suffering patients the relief they need,” the governor said. “It would ensure communities are safer—because legal medical products reduce the illicit market. It would provide new, meaningful research on health benefits.”

Beshear also mentioned a letter to DEA he signed onto last year urging rescheduling, “because the jury is no longer out on marijuana. It has medical benefits.”

Back on the state level, the governor recently said he acknowledges that “it’s taken longer than we would have liked” to stand up the industry since he signed medical marijuana legalization into law in 2023.

In recognition of that delayed implementation, he recently signed an executive order to waive renewal fees for patients who get their cards this year so that they don’t get charged again before retailers open. And another order he signed providing protections for qualified patients who obtain medical marijuana outside of Kentucky “will stay in place.”

Beshear separately announced in May that the state has launched a new online directory that lets people see where medical cannabis dispensaries will be opening near them.

He emphasized that the state has been working to deliver access to patients “at the earliest possible date,” and that involved expediting the licensing process. The governor in January also ceremonially awarded the commonwealth’s first medical marijuana cards.


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Meanwhile, the governor sent a letter to Kentucky’s congressional delegation in January, “urging them to take decisive action to protect the constitutional rights of our law abiding medical cannabis patients” by repealing the federal ban on gun possession by people who use marijuana.

That came after bipartisan Kentucky senators filed legislation that similarly called on the state’s federal representatives to take corrective action, which Beshear said he supports but would like to see even more sweeping change on the federal level.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) warned Kentucky residents late last year that, if they choose to participate in the state’s medical marijuana program, they will be prohibited from buying or possessing firearms under federal law.

As far as the implementation of the state’s medical cannabis law goes, Beshear said in his State of the Commonwealth address in January that patients will have access to cannabis sometime “this year.” He also later shared tips for patients to find a doctor and get registered to participate in the cannabis program.

Health practitioners have been able to start assessing patients for recommendations since the beginning of December.

While there currently aren’t any up-and-running dispensaries available to patients, Beshear has further affirmed that an executive order he signed in 2023 will stay in effect in the interim, protecting patients who possess medical cannabis purchased at out-of-state licensed retailers.

During last year’s November election, Kentucky also saw more than 100 cities and counties approve local ordinances to allow medical cannabis businesses in their jurisdictions. The governor said the election results demonstrate that “the jury is no longer out” on the issue that is clearly supported by voters across partisan and geographical lines.

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