PA Medical Marijuana And Guns in 2021: Can I Own A Gun & Card? (2024)

The legalization of medical marijuana in Pennsylvania has meant that countless patients in PA have been able to improve their quality of life via the prescribed use of medical cannabis. Possessing a medical marijuana card enables citizens of the state to purchase medical cannabis from any approved dispensary and thus benefit from the pain-reducing effects of licensed use. Some States like Pennsylvania now also offer online medical marijuana certifications, which are conducted through telemedicine.

Although the controlled use of marijuana for approved medical use is permissible in PA, cardholders are not exempt from all marijuana laws. In fact, the misuse of marijuana in a public place or at home is still a federal crime.

With changing laws between the Federal and State level, this is a question that leaves room for interpretation. If you own a Pennsylvania card for medical marijuana, you cannot buy a gun. That’s what the majority of individuals claim, and that’s how the law reads. In fact, when you apply for your license, you will be asked if you use medical marijuana. If you answer yes, you will be denied the license. If you falsely answer no, you could end up facing criminal charges for attempting to purchase a firearm by falsifying information. The question about “do you use medical marijuana” however leaves room for interpretation and vague terminology such as “use” can be answered vaguely.

While there is room for interpretation and it may be best to consult with a PA attorney for this, it does not seem like the law is supporting medical marijuana patients to own or buy a gun. In the eyes of federal law, drug use and gun ownership are mutually exclusive and Marijuana is still a federally Scheduled substance.

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Although the proper use of licensed medical marijuana is legal in Pennsylvania, the drug is still a violation of federal law in the United States. This means that as per the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), the possession of marijuana (or other controlled substance), even among cardholders, prohibits the purchase or acquisition of firearms, or license to carry.

In the eyes of the United States law, the use of medical marijuana classes you as an “unlawful user of or addicted to any controlled substance”. This means you are not legally allowed to purchase, possess, or control a firearm pursuant to 18 U.S.C. § 922(g)(3), and 27 C.F.R. § 478.32(a)(3).

The BAFTE stated in an open letter to all Firearms Licensees that “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is prohibited by Federal law from possessing firearms or ammunition.”

Being a medical marijuana cardholder subsequently bars you from being able to make an application, possess, or renew a Pennsylvania License to Carry a Concealed Weapon (CCW).

To clarify, even if state law permits the use of medical or recreational marijuana, federal law prohibits marijuana users from using or purchasing a firearm.

The consequence of this federal law is that you cannot be in possession of a medical marijuana permit and be a gun owner at the same time. Possession of marijuana remains illegal under Federal law.

As you cannot legally possess a firearm, it is also illegal to apply or own a CCW permit. The federal government has declared that there are to be no exceptions to this rule.

In order to possess a Concealed Carry License (CCW) in the state of Pennsylvania, applicants must undergo a comprehensive background check and meet strict federal requirements.

Following the background check, it must be confirmed that applicants have no criminal convictions and are of good character and reputation. They must be at least 21 years of age with valid ID and must be a resident (minimum 90 days) of the county the application is filed for. They must also not be a user of or addicted to alcohol or be a user of marijuana or any other stimulant, depressant, or any other controlled substance. This covers both recreational and proper medicinal use of cannabis.

Once you become amedical marijuana cardholder, you become prohibited from possessing a firearm. Even if you have been a longtime gun owner, your gun rights are forfeited when you become a cannabis user.

From the moment you receive your card, you have a maximum of 60 days to sell or transfer your firearm to an eligible person outside your household. If you do not relinquish your gun ownership within 60 days, your possession becomes illegal. It is therefore advised that arrangements are made to transfer ownership of any guns as soon as the card application has been approved.

If your significant other has marijuana in the house, does it impact your right to possess firearms?

Unfortunately, the answer to this question is not black and white. If your partner is a cannabis user and does not own any guns then they are not breaking the law. If you own guns and do not use marijuana medically or recreationally, then you are not technically committing any crime.

The difficulty is that you must be able to prove to the federal government that you are not an “unlawful user” of marijuana. If you are unable to do this, you should err on the side of caution or you could risk getting into trouble with law enforcement officers. If you cannot prove that you do not use the drug, you could find yourself in a tricky situation.

Simply because your significant other uses medical marijuana, does that mean that you are an unlawful user?

If your partner is a marijuana user, this does not automatically make you guilty of simultaneously being an unlawful user of marijuana and a person in possession of firearms. That said, simple possession of marijuana is a crime under federal law.

If you are in possession of the drug in your home, even if you are not a user, you can still be charged with the crime of illegally possessing firearms. If law enforcement suspects that you recreationally use your partner’s medicinal cannabis, you could find yourself in a court of law, or deal with a felony offense.

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