Can I Own A Gun In Pennsylvania As A Registered Medical Marijuana Patient

The Pennsylvania medical marijuana laws and their impact on gun ownership laws within the state is an ongoing debate among lawmakers and the state’s residents alike. With both federal and state laws conflicting with one another on the matter, there is a lot of gray that needs to be addressed. Today, CertaMD provides you with a comprehensive guide and explains whether or not you can own a gun as a registered medical marijuana patient in Pennsylvania.

Addressing the gray area between gun possession and medical marijuana laws

Marijuana is categorized as a Schedule I substance under the US federal laws making it illegal for anyone to possess or consume cannabis regardless of their status or the use of marijuana itself. This means that even medical marijuana users can be charged with illegal possession or consumption of cannabis as per the US federal laws even after having legal protection as per the state laws.

As a result, the Gun Control Act of 1968, which is enforced by the Burea of Alcohol, Tobacco, Firearms, and Explosives (ATF), prohibits anyone consuming marijuana from owning firearms regardless of state laws. For this reason, you can’t apply for or renew a License to Carry a Concealed Weapon (CCW) within the state of Pennsylvania, as long as you possess a medical marijuana card.

Even though the federal law’s supremacy over the state laws is quite obvious in this matter, the lack of consistency in the enforcement of such laws has left a lot of gray areas. The United States Court of Appeals for the Ninth Circuit upheld the federal stance that registered medical marijuana patients should not be allowed to legally purchase firearms under the US federal laws. However, this has not prevented all forms of gun possession for medical marijuana card holders as private sales may not fall under this scrutiny.

In the state of Pennsylvania, qualifying patients can legally use medical marijuana with a valid state-issued medical marijuana card. Still, the supremacy of federal laws over state laws means that even though the state does offer legal protection to medical marijuana users, it can’t stand against legal federal prosecution. 

That’s why, it’s better to contact a legal expert on the matter to fully understand and check whether or not you can own a gun with a medical marijuana card within the state of Pennsylvania.

What if you decide to obtain a medical marijuana card with an existing gun license?

The Pennsylvania State Police enforces the US federal law, which means that you can still be charged for illegal possession of a firearm, even if the state laws offer you legal protection as a medical marijuana user. 

Now, if you decide to obtain a medical marijuana card with an existing gun license, the laws remain the same for you. Any person with a medical marijuana card must transfer the ownership of the firearm within a 60-day period before it becomes illegal possession of a firearm which is a federal crime as per federal statutes such as 18 U.S.C. 922(g)(3). For quite some time now, this has been a matter of some serious arguing as other substances like alcohol don’t face such kinds of restrictions.

Also, the ATF is very clear in its communications regarding this matter. Anyone who uses marijuana, regardless of their status as a medical marijuana user is categorized as an unlawful user of a controlled substance and hence has no right to own a firearm. Suh individuals also need to complete a Firearms Transaction Record form, indicating their status as a medical marijuana user leading to the denial of the right to possess a firearm in Pennsylvania.

Reclaiming gun Ownership Rights after your medical marijuana card expiry

Remember, any individual who uses marijuana regardless of their status as a medical marijuana user is categorized as an unlawful user of a controlled substance. This means that as long as you have a medical marijuana card, you can’t legally own a firearm under the US federal laws.

However, things change when your medical marijuana card expires and you’re no longer an ‘unlawful user’ of a controlled substance. On paper, you should now be able to apply for a firearms license with the right to carry a gun.

There is no defined period of waiting for former medical marijuana users before they can apply for a firearms license. As your status as a former medical marijuana user won’t show up during certain background checks for a firearms license, you don’t need to declare your expired medical marijuana card while filling out the ATF’s form 4473. This opens up a way for you to regain your right to own a gun after your medical marijuana card has expired.

Can CBD oil users own guns in Pennsylvania?

Yes, CBD oil users can own guns in Pennsylvania, as long as the CBD oil is hemp-driven and contains less than 0.3% THC. Such CBD products are not included in the federal list of controlled substances hence CBD oil users aren’t ‘unlawful users’ of a controlled substance. The Gun Control Act of 1968 is quite clear on this matter as well allowing CBD oil users to purchase and carry a licensed firearm, just like any other US citizen.

Final Note

So, can you own a gun in Pennsylvania with a medical marijuana card? Unfortunately, no. However, you can regain your right to win a firearm once your medical marijuana card has expired. Make sure to contact a legal advisor to get more clarity on this matter and the conflict between federal and state laws within Pennsylvania.

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