A marijuana revolution is rolling through the U.S.; this is undeniable. In 2024, 38 states permit medical marijuana use and another 24 have legalized weed for recreational purposes.
However, gun owners who are prescribed marijuana products are still in danger of prosecution for violating federal law. One Pennsylvania district attorney is now attempting to eradicate this dilemma.
Warren County’s Rob Greene, who also counts as one of over 400,000 Keystone State residents who have a medical marijuana card, wants to change the law.
Greene describes the cannabis prohibition as “wrong, absolutely wrong.”
To be clear, no one wants marijuana consumption mixed with handling firearms any more than they endorse combining alcohol and guns. However, a 2023 Gallup survey showed that an overwhelming 62% of U.S. adults enjoy at least the occasional strong beverage, and no one seriously advocates stripping them of Second Amendment rights.
The Federal Gun Control Act of 1968, in conjunction with the Federal Omnibus Consolidated Appropriations Act of 1997, wipes away these fundamental constitutional protections.
Users of unlawful drugs including medical marijuana, which is perfectly legal in more than three-quarters of U.S. states, face a blanket prohibition. They may not possess, receive, ship or transport any firearms or ammunition without violating federal law and facing possibly severe punishment.
Greene and his constituents with medical marijuana cards are prohibited from owning a weapon and also may not receive a concealed carry permit.
Form 4473 asks explicitly if the applicant has such a card, a clear indication that even medicinal marijuana is targeted by the government as an excuse to eradicate gun rights.
Why would a person not simply deny marijuana use while filling out the paperwork? The answer is clear, according to Greg Ionadi, owner of Smoke ‘n Guns in Oakmont, Pennsylvania.
“If you have a medical marijuana card,” he explained, “You’re filling out the form, and you answer no to the question, you’re committing a felony.”
Lying on the application, as Greene correctly noted, could put an otherwise law-abiding citizen in the same situation faced by First Son Hunter Biden. He cited this chilling possibility as the reason for filing the lawsuit, which names Attorney General Merrick Garland, FBI Director Christopher Wray and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director Steven Dettelbach as defendants.
WTAE-TV asked Greene about the experience of being a prosecutor and suing the leading legal authorities in the U.S.
His reply? “God bless America. Isn’t it great?”
Experts believe it is likely that scores of medical marijuana cardholders are not aware that they are breaking federal law by owning a firearm.
Jonathan Stark owns Legion Arms in West Mifflin, Pennsylvania. The gun retailer acknowledged that his customers might realize they cannot purchase a new weapon but not that they are already violating the law with their current guns.
Stark explained, “Even if they know that they’re not allowed to buy a new firearm, they may not realize that they’re also legally not allowed to possess the firearms they currently have.”
Interestingly, the Pennsylvania Department of Health does not question medical marijuana applicants on whether they have a weapon. And the agency reportedly does not make its list of cardholders available to federal agencies such as the ATF or state police for background checks.
In fact, such information is considered confidential patient data and will not be released without a court order.
It is also noteworthy that federal forms ask if the applicant is an “unlawful user of marijuana.” According to the laws of 38 states, they are not, which may lead to confusion in the application process.
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