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The legalization of medical marijuana in Pennsylvania has made it possible for numerous individuals to enhance their quality of life by using medical cannabis. With a medical marijuana card, residents of the state can get medical marijuana from any authorized dispensary. They can also get medical marijuana cards with the help of telemedicine services.
Holding an MMJ card doesn’t mean that you are free from all types of restrictions, you still have to use marijuana within the limit.
Is It Legal to Purchase a Gun in Pennsylvania While Holding a Medical Marijuana Card?
This is a subject open to interpretation because laws differ between the federal and state levels. You are not allowed to purchase a firearm if you have a Pennsylvania medical marijuana card. In fact, you will be questioned if you use medical marijuana when you apply for your license. You'll have your license denied if your response is yes. If you give a false response, you may be charged with a crime for trying to give false information to get a firearm.
It does not seem like the law is backing medical marijuana users being able to purchase or own a gun, even though there is room for interpretation and it might be wise to speak with a PA attorney about this. According to federal law, marijuana is still classified as a Schedule 1 substance, and owning a gun and using drugs are mutually exclusive.
Gun Laws For PA Medical Marijuana Patients
Federal law in the United States still prohibits the use of medical marijuana, even though it is lawful in Pennsylvania when used properly. This indicates that the possession of marijuana (or any other controlled substance), even by cardholders, is prohibited by the US Department of Justice's Bureau of Alcohol, Tobacco, guns and Explosives (BATFE), which also forbids the purchase or acquisition of guns or a license to carry.
If you use medical marijuana, you are considered an “illegal user of or addicted to any controlled substance” under US law.
Why Does Pennsylvania Not Permit Guns Or Medical Marijuana?
According to BAFTE, "Any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medical purposes, is prohibited by Federal law from possessing firearms or ammunition".
Consequently, having a medical marijuana card prevents you from applying for, obtaining, or renewing a Pennsylvania concealed weapon license (CCW).
To be clear, federal law forbids marijuana users from possessing or obtaining a firearm, even in states where state law recognizes the use of marijuana for medical or recreational purposes.
Can You Possess Both a Concealed Carry License and a PA MMJ Card?
This federal legislation has the effect of prohibiting the simultaneous ownership of a gun and the possession of a medical marijuana permit. Marijuana possession is still prohibited by federal law.
It is illegal to apply for or hold a CCW permit, just as it is unlawful to own a firearm. According to the federal government, there are no exceptions to this law.
Pennsylvania's CCW License Requirements for Guns and Medical Cannabis
The citizens of Pennsylvania who wish to obtain a Concealed Carry License (CCW) must fulfill strict federal standards and must undergo an extensive background investigation.
It is necessary to verify if candidates are of excellent character and reputation and have no criminal convictions after the background check. They must reside in the county for which the application is being filed for at least 90 days, be at least 21 years old, and have a valid ID. Additionally, they cannot be dependent on alcohol, consume marijuana, or use any other stimulant, depressive, or controlled substance.
After obtaining your medical marijuana card, what should you do if you also own a gun?
It is against the law to own a handgun after you receive a medical marijuana card. If you consume cannabis, you lose your gun privileges, even if you have owned a gun for a long time.
You have a maximum of 60 days from the time you acquire your card to sell or transfer your handgun to a qualified individual living outside of your home. Your possession of a gun becomes illegal if you do not give it up within 60 days. Therefore, as soon as the card application is granted, it is essential that plans be made to transfer ownership of any guns.
The Role of the Pennsylvania State Police in Enforcing Gun Laws
The Pennsylvania State Police clarify that although state law allows medical marijuana cardholders to carry authorized types of marijuana, federal law still categorizes them as "unlawful users of or addicted to any controlled substance." As a result of this federal categorization, they are not allowed to obtain, own, or renew a Pennsylvania License to Carry Firearm (LTC).
Frequently Asked Questions
Can medical marijuana patients in PA get a gun license?
No, those who use marijuana even for medical purposes are considered "unlawful users of a controlled substance" under federal law, therefore they are not allowed to own firearms.
What does the Pennsylvania State Police say about medical cannabis users owning guns?
The Pennsylvania State police enforce the federal law. According to federal law, medical cannabis users are not allowed to obtain, possess, or renew a Pennsylvania firearms license.
Are there legal risks for MMJ patients in PA who possess firearms?
Yes, the use of medical marijuana is illegal under federal law, which means that MMJ users who want to own guns run the danger of breaking the law.
Conclusion
If you're considering using medical marijuana but are concerned about giving up your firearms, this is a significant legal choice that should be considered carefully with the advice of an experienced lawyer.
