So, can you legally own a gun with a medical marijuana card in Pennsylvania? The answer is no, but with a lot of gray area that needs to be addressed. The US Federal Gun Control Act of 1968 prohibits ‘unlawful users’ of controlled substances from owning a firearm. To this very day, cannabis is categorized as a Schedule I substance under the US federal law making medical marijuana card holders ‘unlawful users’ of a controlled substance.
Even with the ATF being quite vocal on this matter, there are some legal loopholes and a lack of implementation of these laws, causing a lot of confusion. Today, let’s take a look at the legality of owning a firearm in Pennsylvania with a medical marijuana card through the eyes and years of operational experience of CertaMD,
Here’s why you shouldn’t get a medical marijuana card with an existing firearms license
In Pennsylvania, individuals holding a medical marijuana card face legal challenges concerning gun ownership due to conflicting state and federal laws. Although the state of Pennsylvania allows the use of medical marijuana, federal law, specifically the Gun Control Act of 1968, prohibits firearm possession by anyone using controlled substances, including marijuana.
This federal prohibition is enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Pennsylvania State Police are bound by these federal laws. As a result, even if you legally use medical marijuana in the state, owning or purchasing a firearm violates federal law, particularly under 18 U.S.C. 922(g)(3), which restricts users of controlled substances from possessing firearms.
The ATF has made it clear countless times that marijuana users, regardless of state legality, cannot possess or purchase firearms. This applies even when filling out the Firearms Transaction Record form, where marijuana use must be declared. Even if someone owns a gun and later obtains a medical marijuana card, they are advised to transfer ownership of the firearm within 60 days to comply with federal law.
Despite ongoing debates and potential reforms, medical marijuana cardholders must carefully navigate these restrictions and may seek legal advice to understand their responsibilities under both state and federal law. If you’re not sure where to start, our experts at CertaMD are always ready to help you through.
Reclaiming your firearms license once your medical marijuana card expires
In states like Pennsylvania, reclaiming gun ownership rights after a medical marijuana card expires involves navigating both federal and state legal frameworks. Under federal law, marijuana use, even for medicinal purposes, classifies an individual as an “unlawful user” of a controlled substance, making them ineligible to possess or purchase firearms. The ATF enforces this restriction, and any federal firearms licensee who knowingly sells a firearm to a marijuana user violates federal law.
However, once the medical marijuana card expires, individuals may be able to regain their right to buy firearms, but they must no longer be classified as unlawful users to comply with federal regulations.
Pennsylvania state law itself does not specifically prohibit former medical marijuana cardholders from owning firearms, but federal restrictions remain in place. After the card’s expiration, an individual’s status as a medical marijuana user might no longer be flagged in background check systems, which could open the possibility of regaining gun ownership rights.
Remember, it’s critical to answer truthfully on ATF Form 4473 when purchasing a firearm, as any false statements could lead to ‘perjury’ charges. You must also not be otherwise disqualified from owning a firearm under state or federal law, such as having certain criminal convictions.
Can CBD oil users own a firearm in Pennsylvania?
Fortunately, there are no legal restrictions on both federal and state levels for CBD oil users when it comes to owning a firearm. This means that yes, CBD oil users can legally own a firearm as long as the products is hemp-driven and have less than 0.3% THC content.
In Pennsylvania alone, a large variety of CBD oils is available to the state’s adult population via a network of dispensaries. This ensures that the THC rating mentioned on the packaging is actually accurate. Although the chances of it happening are very slim your cannabis test can come back positive if you’re not using quality CBD oils which contain way over the labelled 0.3% THC content.
Final Note
As long as cannabis is categorized as a Schedule I substance under US federal laws, there will be a gray area around the interaction between the state and federal laws on the matter of gun ownership for medical marijuana users. Although your medical marijuana card should provide you legal immunity to exercise your right to own a firearm in Pennsylvania, the US federal laws and the ATF will always have the final say.
FAQ’s
Can you own a gun with a medical card in PA?
No, federal law prohibits medical marijuana cardholders from purchasing or possessing firearms, even though state law may not specifically prevent it.
What is the main risk of possessing a firearm as a medical marijuana patient in PA?
The main risk is violating federal law, which can lead to criminal charges or denial of a gun license application.
How do federal laws impact medical cannabis users' right to own guns?
Federal law classifies medical cannabis users as unlawful controlled substance users, which prevents them from owning firearms under the Gun Control Act of 1986.
Does holding a medical marijuana card affect background checks for gun ownership in PA?
Yes, background checks will likely disqualify you from purchasing a firearm if it’s revealed that you use medical marijuana.
Can Pennsylvania medical marijuana patients legally carry concealed firearms?
No, federal law prevents medical marijuana users from obtaining a concealed carry permit due to their status as unlawful users of controlled substances.
What should PA residents know before applying for a gun license as medical marijuana cardholders?
They should know that the application will likely be denied because of the federal prohibition on firearm possession by users of controlled substances.
Are medical marijuana cardholders in PA subject to federal enforcement for owning guns?
Yes, because federal law overrides state law, medical marijuana users can face enforcement for possessing firearms.
