Pennsylvania is on the verge of rolling out a statewide program in 2018 under which residents suffering from 17 specified health conditions can access medicinal cannabis products. However under federal law, such persons may have to give up their rights to own a gun.
Andrew Sacks, a lawyer and the co-chair of the Pennsylvania Bar Association’s Medical Marijuana and Hemp Law Committee pointed out that the law was “hypocritical” since it would allow an opioid addict or a drunk to buy guns but not a medical marijuana patient.
Ryan Tarkowski, a state police spokesman has warned that patients must consider the consequences of owning firearms while registering for the medical marijuana program, pointing out that it was illegal for such persons to possess firearms.
Federal Laws Ban Gun Ownership For Marijuana Users
So far 29 states across the US have legalized marijuana in different forms. But it remains illegal under federal law. The Drug Enforcement Administration considers cannabis as a Schedule 1 drug, equal to heroin and LSD, having no medical benefits and “a high potential for abuse.”
The agency regulating the sale and ownership of guns and ammo nationwide is the federal Bureau of Alcohol, Tobacco, Firearms and Explosives .
According to ATF spokeswoman Cherie R. Duvall-Jones any use of marijuana would constitute as a disqualifier. She pointed out that the federal law had no exceptions even for medical purposes.
A 9th U.S. Circuit Court of Appeals ruling in 2016 has found that the federal prohibition is not in violation of the Second Amendment.
A federal judge recently ruled in Pittsburgh that the government could not place restrictions on the gun ownership rights of a person who was placed involuntarily in a psychiatric hospital.
The National Rifle Association has not addressed the issue as yet.
ATF Rules Bar Sales By Dealers
An ATF bulletin issued in 2016 has made the rules clear. Even in cases where a dealer just suspects a customer of using cannabis, he/she is obliged to stop a sale, Duvall-Jones said.
Under Federal regulations firearms ownership is prohibited for anyone using a controlled substance illegally or who may be addicted to any drug. Duvall-Jones has clarified that alcohol is not considered as a controlled substance and therefore any one addicted to distilled spirits, malt beverages etc would not be prohibited under the law.
Pennsylvania rules requires that all firearms dealers conduct a background check on customers. A registry, which is managed by the state police, identifies all registered medical marijuana patients in the state.
Tarkowski, the state police spokesman stated that a person holding the medical marijuana card will be automatically flagged .
But even before the background check phase, a customer buying a gun fills out the Form 4473, a firearms record required by the U.S. Department of Justice where a ‘yes/no’ question asks if the applicant is an “unlawful user of, or addicted to, marijuana” or other such narcotics or depressants etc.
According to Jim Benoit, owner of Cajun Arms, if this is answered with an ‘yes’, then the dealer would have to refuse to sell.
Patients Owning Guns Who Want Medical Marijuana Maybe Asked To Surrender
Patients may be asked to surrender guns and/or ammo purchase prior to joining the medical marijuana program regardless of whether they are consuming it or not.
Becky Dansky, legislative counsel of the national Marijuana Policy Project, which has opposed such prohibition has noted that the issue is a hot-button topic in New England states with legalized marijuana . She stated that a compromise is being considered which will rule “no new guns for patients”, but those already having guns will not be asked to surrender.
