In Pennsylvania, a growing number of residents are turning to medical marijuana to manage chronic pain, anxiety, PTSD, and other qualifying conditions. As a state that has legalized medical cannabis, Pennsylvania’s Medical Marijuana Program offers patients an alternative to traditional pharmaceuticals. However, for those who are also gun enthusiasts or want to exercise their right to own a firearm, a common concern arises: Can you own a gun if you have a medical marijuana card in Pennsylvania?
This article will take a deep dive into the intersection of Pennsylvania’s medical marijuana laws and federal gun laws, providing you with a clear, empathetic explanation of what this means for you. Whether you’re a seasoned gun owner or just curious about how these two worlds collide, this guide will help you make informed decisions.
The Conflict Between Federal and State Law
One of the most significant challenges for medical marijuana patients who want to own firearms is the conflict between Pennsylvania state law and federal law. While Pennsylvania has legalized medical marijuana for patients with qualifying conditions, marijuana remains illegal at the federal level. This contradiction creates a legal gray area when it comes to gun ownership.
Federal Law: The Gun Control Act of 1968
At the federal level, the Gun Control Act of 1968 (18 U.S.C. § 922) regulates who can and cannot purchase or possess firearms. Specifically, this law prohibits certain individuals from owning guns, and one such group includes “unlawful users” of controlled substances. Marijuana, even when used legally for medical purposes under state law, is classified as a Schedule I controlled substance under the Controlled Substances Act (CSA).
When purchasing a firearm from a federally licensed dealer, all buyers must fill out ATF Form 4473. This form explicitly asks whether the buyer is an unlawful user of any controlled substances, including marijuana. If you answer “yes,” the sale will be denied. If you answer “no” while using medical marijuana, you could be charged with perjury, a federal crime with serious legal consequences.
Pennsylvania Law: Medical Marijuana and Gun Ownership
Pennsylvania law, under its Medical Marijuana Program, permits the use of cannabis for medical purposes. This allows residents with qualifying conditions to legally purchase and use medical marijuana. However, state law does not directly address the issue of how medical marijuana use impacts gun ownership. The key point to understand is that while Pennsylvania allows medical marijuana use, federal law still governs firearm purchases and ownership.
Therefore, even though Pennsylvania law does not explicitly prevent you from owning a firearm if you have a medical marijuana card, federal law still applies. This means that medical marijuana patients are considered “unlawful users” of a controlled substance under federal law, which disqualifies them from purchasing or possessing firearms.
How Federal Law Affects Medical Marijuana Patients in Pennsylvania
If you are a medical marijuana patient in Pennsylvania, here’s how federal law could affect your ability to own or purchase a firearm:
- Owning Firearms: Pennsylvania state law does not explicitly prohibit medical marijuana patients from owning firearms, but federal law does. Under federal law, medical marijuana use makes you an unlawful user of a controlled substance, which means you are prohibited from owning or possessing firearms.
- Purchasing Firearms: When purchasing a firearm from a federally licensed dealer, you will be required to complete ATF Form 4473. This form asks whether you use controlled substances, including marijuana. If you answer truthfully and disclose your use of medical marijuana, the sale will be denied. If you lie on the form, you risk federal charges for perjury.
- Legal Risk: While federal authorities have not aggressively pursued individual medical marijuana patients who own firearms, the risk of legal complications remains. If federal law enforcement decides to enforce these laws, medical marijuana patients who own firearms could face charges for unlawful possession of a firearm.
Can You Be Denied a Gun Purchase for Having a Medical Marijuana Card?
Yes, under federal law, medical marijuana patients are considered unlawful users of a controlled substance, even if they are using marijuana legally under Pennsylvania state law. This means that if you attempt to purchase a firearm from a licensed dealer, you will be denied if you admit to using medical marijuana. Lying on the form is a federal crime, which carries severe penalties.
The Legal Risks of Owning a Gun and Using Medical Marijuana
Even though Pennsylvania allows medical marijuana use, the conflict with federal law creates significant legal risks for patients who also own or wish to purchase firearms. Here are the primary risks to be aware of:
- Federal Charges: Federal law prohibits individuals who use marijuana from owning firearms. While enforcement of this law has been inconsistent, the risk remains. Medical marijuana patients who own firearms could face federal charges for unlawful possession of a firearm if federal authorities choose to enforce these regulations.
- Perjury Charges: If you lie on ATF Form 4473 by denying your marijuana use, you could be charged with perjury, a federal offense that can result in fines, imprisonment, or both.
- Loss of Gun Rights: If you are convicted of violating federal gun laws, you may permanently lose your right to own or possess firearms, even if you stop using medical marijuana in the future.
Potential Changes to Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms is evolving, and there are ongoing efforts at both the state and federal levels to reform cannabis laws. One of the most significant proposals involves removing marijuana from the list of Schedule I controlled substances under the Controlled Substances Act. If marijuana were reclassified, medical marijuana patients would no longer be considered “unlawful users” under federal law, which could allow them to legally own and purchase firearms.
However, until these changes are made, medical marijuana patients must continue to navigate the legal risks created by the conflict between state and federal laws.
What Should You Do if You’re a Medical Marijuana Patient in Pennsylvania and Want to Own a Gun?
If you are a medical marijuana patient in Pennsylvania and are concerned about your ability to own or purchase a firearm, here are some steps you can take to protect yourself:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can help you understand your rights and risks. They can provide you with personalized legal advice based on your unique situation and help you navigate the complexities of state and federal law.
- Stay Informed: The legal landscape surrounding cannabis and firearms is constantly evolving. Stay up-to-date on changes to state and federal law that could impact your ability to own or purchase firearms.
- Weigh the Risks: If gun ownership is important to you, you will need to weigh the legal risks of continuing to use medical marijuana. Some patients may choose to explore alternative treatments that do not conflict with federal law.
Real-Life Example: A Pennsylvania Patient’s Dilemma
Let’s consider the case of Sarah, a 40-year-old Pennsylvania resident who uses medical marijuana to manage her chronic anxiety. After receiving her medical marijuana card, Sarah began using cannabis to help relieve her symptoms, and she noticed a significant improvement in her quality of life.
However, Sarah and her husband are avid hunters, and she was planning to purchase a new firearm for the upcoming hunting season. When Sarah went to the gun store, she was informed that federal law prohibits her from buying a gun because she is a medical marijuana patient. She was confused because she thought she was following Pennsylvania state law by using medical marijuana legally.
To clarify her legal rights, Sarah consulted with a lawyer specializing in cannabis and firearms law. The lawyer explained that while Pennsylvania allows medical marijuana use, federal law still prohibits marijuana users from purchasing firearms. Understanding the legal risks involved, Sarah decided to prioritize her health and continue using medical marijuana, even if it meant not purchasing a new firearm.
Conclusion
In Pennsylvania, medical marijuana patients face a complex legal landscape when it comes to gun ownership. While Pennsylvania law allows the legal use of medical marijuana, federal law continues to classify marijuana as an illegal substance and prohibits its users from owning or purchasing firearms.
Until federal marijuana laws change, patients who hold medical marijuana cards in Pennsylvania must carefully navigate the risks of owning or purchasing firearms. Consulting with a knowledgeable lawyer, staying informed about changes to the law, and weighing the risks are the best ways to protect yourself and your rights as both a medical marijuana patient and a gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Pennsylvania if I have a medical marijuana card?
No. Although Pennsylvania allows the legal use of medical marijuana, federal law prohibits individuals who use marijuana from purchasing firearms.
2. Will I lose my existing firearms if I get a medical marijuana card in Pennsylvania?
No. Pennsylvania law does not require you to surrender your firearms if you become a medical marijuana patient. However, federal law still prohibits marijuana users from possessing firearms, which creates a legal risk.
3. Can I be arrested for owning a gun and using medical marijuana in Pennsylvania?
While federal enforcement has been inconsistent, there is a risk that medical marijuana patients who own firearms could face federal charges for unlawful possession of a firearm. This risk exists even if Pennsylvania state law does not actively enforce federal marijuana laws.
4. Are there efforts to change the law regarding cannabis and gun ownership?
Yes. There are ongoing efforts to reform cannabis laws at the federal level, including proposals to remove marijuana from the list of Schedule I controlled substances. If these efforts succeed, it could resolve the conflict between medical marijuana use and gun ownership.
