Medical Marijuana and Firearm Possession
I Have a Medical Marijuana Card: Can I Still Possess a Gun in PA?
As you may have heard, medical marijuana is now legal in Pennsylvania for those who have been issued a valid Medical Marijuana Card and have received a certification from a physician. The next question some firearm owners are asking is whether patients who are prescribed medical marijuana can still possess firearms.
The Short Answer is “No”
While Pennsylvania law allows firearm possession by lawful users of medical marijuana, the federal ban on firearm possession by those who are “unlawful users of…any controlled substance” remains in effect, even for those whose use of marijuana is lawful under state law (because marijuana is still always a controlled substance under federal law). The Bureau of Alcohol, Tobacco, Firearms and Explosives (the “ATF”) even added language to the ATF 4473 Form (a federal form completed when buying a gun at a retail store) to remind buyers of this very fact.
One should be aware that even the mere possession of the medical marijuana card, by itself, absent the possession of actual marijuana, could be problematic for firearm ownership, though how such a scenario would play out is still unclear.
If you have questions about what this means for you, call Attorney Chris Sarno at 717-299-7101 to find out more.