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Ex-Law Enforcement Officer Challenges Federal Gun Ban for Medical Cannabis Users
High TimesFreedom Fighter of the Month: The Cop Who Broke With the Drug War — and Is Now Suing the U.S. Government Over Gun Rights

Ex-Law Enforcement Officer Challenges Federal Gun Ban for Medical Cannabis Users

Former officer Neill Franklin is challenging federal gun regulations for medical cannabis users, citing inconsistencies in drug policy enforcement

Key Points

  • 1Neill Franklin, a former narcotics officer, challenges federal gun laws for medical cannabis users
  • 2Franklin's perspective changed after witnessing the violence of drug prohibition policies
  • 3He led LEAP to achieve significant drug policy reforms, including the First Step Act
  • 4Franklin's lawsuit could set a precedent for medical cannabis users' gun rights
  • 5He advocates for cannabis descheduling, highlighting the need for policy reform

Major Neill Franklin, a former law enforcement officer with a 34-year career, has become a prominent figure in challenging the U.S. government's stance on gun rights for medical cannabis users. After a career in narcotics enforcement, Franklin shifted his perspective on drug policy, driven by personal tragedies and the realization of the harm caused by the War on Drugs. Now, he's part of a lawsuit against the federal government, arguing that medical cannabis users should not be barred from owning firearms

Franklin's transformation from a drug enforcement officer to an advocate for drug policy reform began with the death of a colleague and a tragic incident involving a family in Maryland. These events highlighted the violence and societal damage linked to drug prohibition policies. Franklin's reflections led him to join the Law Enforcement Action Partnership (LEAP), where he advocated for reforms to improve public safety and address systemic issues in the criminal justice system

Under Franklin's leadership as Executive Director of LEAP, significant reforms were achieved, including the Rohrabacher-Farr Act and the First Step Act. These legislative changes marked a shift in federal drug policy, reducing interference in state medical marijuana laws and restructuring sentencing guidelines. Franklin's work highlighted the racial and economic injustices perpetuated by the War on Drugs, influencing broader discussions on drug policy reform

After retiring to Florida, Franklin faced a legal challenge when his medical cannabis use conflicted with federal firearms regulations. The federal form required for firearm purchases asks about illegal drug use, and despite state legality, cannabis remains federally illegal. This conflict forced Franklin to choose between his Second Amendment rights and managing his chronic pain with medical cannabis, a decision he found unacceptable

Franklin's lawsuit, joined by other Florida residents and the state's Agriculture Commissioner, seeks to challenge the federal government's position on cannabis and gun ownership. The case, which survived a dismissal attempt by the Department of Justice, could set a precedent for medical cannabis users nationwide. Franklin argues that there is no evidence that medical cannabis users pose a greater risk than other gun owners, and the lawsuit aims to address this inconsistency

Looking forward, Franklin sees two potential paths for resolving the issue: winning the lawsuit or rescheduling cannabis under federal law. While he advocates for descheduling cannabis entirely, he recognizes the political climate may necessitate incremental changes. Franklin emphasizes the importance of staying informed about marijuana policy developments, as these decisions have significant implications for personal freedoms and constitutional rights

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