The Cannabis Conundrum: Can Medical Marijuana Users Own Guns in Pennsylvania?
It may be a simple question: Can you own a firearm if you use medical-grade cannabis? Can it affect your rights under the Second Amendment?
Today, it’s a little challenging to answer this query. Medical and recreational marijuana use continues to expand across the states, and for gun owners in PA, it’s a legal conundrum.
The intersection of state-legal medical marijuana and stringent federal gun laws has created a complex and dangerous legal tightrope walk. Some argue that cannabis needs to be treated no differently than alcohol or other medications. But its federal classification makes the practicality and ethics of gun ownership for marijuana users a critical legal issue.
Let’s take a closer look and find out why the services of a Pittsburgh criminal lawyer might be needed.
The Core Conflict: State vs. Federal Law
As of 2018, PA began enabling qualified patients to legally purchase and use marijuana to treat several medical conditions. However, this state-level legality is in direct contradiction to federal law.
Federal law still classifies marijuana as a Schedule I controlled substance.
This designation makes cannabis entirely illegal under federal statutes. Consequently, any approved medical marijuana user in PA is technically violating federal law, which exposes them to serious legal risks. This includes the forfeiture of firearms or criminal firearm charges, for which the assistance of a Pittsburgh criminal lawyer becomes a necessity.
Federal Law’s Strict Stance on Guns and Drugs
The federal government takes an uncompromising stance on this issue. There’s no exception for marijuana, even if it’s legally sanctioned within a state. Despite the growing trend towards legalization, the federal government treats marijuana the same as LSD or heroin for the basis of firearm prohibition.
The Purchase Hurdle: Form 4473
The federal position creates a specific, immediate barrier for medical marijuana users trying to buy a gun:
- Firearm Transaction Record: When buying a firearm from a federally licensed dealer, you must complete Form 4473.
- The question: This form specifically asks whether you’re an unlawful user of, or addicted to, marijuana or any other controlled substance.
- The outcome: An honest answer of ‘yes’, as a registered medical marijuana user, will immediately stop the transaction.
Any Pittsburgh criminal lawyer will tell you not to lie on this form. Knowingly violating federal law on Form 4473 can lead to serious criminal charges.
The Danger of Assumptions
PA respects patient privacy and has chosen not to share the medical marijuana registry with the state law enforcement. But this offers little protection against federal prohibition. The state might protect privacy, but federal law governs firearm purchase and possession.
Thereby, you might be tempted to assume you can safely keep your existing guns while registering as a medical marijuana user. However, this is a treacherous legal position. If you violate federal gun laws, you’re vulnerable to criminal charges and loss of Second Amendment rights.
Protecting Your Rights: Consult a Lawyer
If you are a medical marijuana user in PA and have questions about your firearm rights, you can talk to a Pittsburgh criminal lawyer. If you’re facing a criminal charge or investigation related to this conflict, immediate legal counsel is critical. An experienced lawyer can help you mitigate the risks and navigate the complexities of state and federal gun laws.
At Logue Law Group, we will attempt to bring you out of this complicated web. However, we strongly suggest not lying on Form 4473. In case of a criminal charge, contact us at sean@seanloguelaw.com right away.