Information For All PA Medical Marijuana Cardholders
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.
Can You Buy A Gun And Have A Medical Marijuana Card In Pennsylvania?
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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Gun Laws For PA Medical Marijuana Patients
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).
Why Medical Marijuana And Guns Are Not Allowed In Pennsylvania
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.
Can You Have A PA MMJ Card And A Concealed Carry License?
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.
Pennsylvania CCW License Requirements Concerning PA Medical Marijuana & Guns
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.
You Received Your Medical Marijuana Card But You Own A Gun, Now What?
Once you become a medical 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.
More Questions About PA Medical Marijuana And Firearms
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.
Disclaimer:
The information contained on this website is provided as a service to the Pennsylvania community, where medical marijuana has been legalized, and does not constitute legal advice. Although we attempt to address some areas of concealed carry and gun laws in Pennsylvania, we make no claims, representations, warranties, promises, or guarantees as to the accuracy, completeness, or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.
Looking To Get A Medical Marijuana Card?
The Benefits Include:
- Priority Patient Access
- Higher Quality Standards
- Stronger Potency Products
- Medical Access For Minors
- Higher Possession Limits
- Additional Legal Protection
- Select States Allow Growing
- Pay Less Sales Tax
These benefits also apply in States where recreational marijuana is legalized or decriminalized.
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18 Comments
Thank you for weighing in here Rolaine! There is certainly an opportunity ahead of lawmakers to rethink this law. There’s certainly a way for medical marijuana and gun ownership to co-exist and work together. We will keep you updated about this! 🙂
Although it is illegal federally there is no way for the feds to know you own a card thanks to HIPAA laws, there was actually a recent lawsuit. So in short you CAN own a card and a CCW AND buy firearms; The only way you are screwed is if the feds raided your house.
I cannot disagree with this statement, Scott 😉
So at what point do you get your rights back? Can you just say I quit using medical marijuanna yesterday so now I’m eligible again? Or does just having a card make you ineligible?
Thanks for the comment, great question!
First: please don’t take this as legal advice, we’re clearly in a biased position here and can’t provide legal advice. Believe it or not, the laws are extremely vague. Most importantly, your medical records are no one’s business (keep this in mind). This is what I just found on the “City of Philadelphia Police Department”‘s application form for a “License to carry Firearms”:
Information for Medical Marijuana Cardholders (Here is the original link)
It is legal under Pennsylvania law for the holder of a validly issued patient Medical Marijuana Card to
possess approved forms of medical marijuana. However, as per the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), the possession of medical marijuana
remains a violation of federal law, and possession of a valid Medical Marijuana Card and/or the use of
medical marijuana makes you an “unlawful user of or addicted to any controlled substance” who is
prohibited by federal law from the purchase or acquisition, possession, or control of a firearm pursuant
to 18 U.S.C. § 922(g)(3), and 27 C.F.R. § 478.32(a)(3).
The BATFE’s position is set forth in its September 21, 2011, Open Letter to all Federal Firearms
Licensees, which states in part that “[t]therefore, 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 an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law
from possessing firearms or ammunition.” Click here for a copy of the Open Letter. Opens in A New
Window. Likewise, the mere possession of a Medical Marijuana Card will give rise to an inference that
you are an “unlawful user of or addicted to” a controlled substance, pursuant to 27 C.F.R. § 478.11.
Therefore, it is also unlawful for you to apply for, possess or renew a Pennsylvania License to Carry
Firearm (LTC), because you are “[a]n individual who is prohibited from possessing or acquiring a
firearm under the statutes of the United States.” (Pennsylvania Consolidated St).
Then there’s information like this, which makes it difficult to believe that the NICS is able to obtain this type of information. The conclusion is yours to be made.
It’s OK for people to eat Xanax get caught with crack heroin all misdemeanor all of them have mental illnesses on ADHD medication antipsychotics and are still allowed to buy guns but a person who sit back relax Hunt’s smokes and joint here there hasn’t killed a person ever and we’re not allowed Gun’s bullshit my second amendment says that I have a right to bear arms in a chill not be infringed do you know what that means in fringed no matter what I do besides raping a child raping a woman or killing another man my rights Shall not B infringe by Nobody by no government this government has turned totally tyrannic totally retarded totally walk totally backwards it’s OK for them to be surrounded by guns for win a regular citizen needs protection God for bid you want gun control here’s gun control anybody get caught with illegal gun that’s not registered to them spent 15 years in prison yes 50 years in prison for an illegal or stolen gun that will stop gun crimes not taking guns off innocent people who are law-abiding citizens who go to work every day to support your family and all they wanna do is live in peace and protect your family And these democrat policies with gun free zones and stripping guns of law biting citizens and criminals shows you who side you’re on
You’d have to kill me to take my protection to protect my country my country men and women and children all because they smoke a leaf why do I start taking your cars because you smoke cigarettes or drink coffee because a car is more dangerous weapon didn’t guns
Let me shoot you a scenario. My medical card expires on 7/31/2021. I am not renewing it. When I go to apply for a firearm on 8/1/2021….
As long as one is expired… mmj card. Get your conceal and carry. Then renew your mmj card. That’s the only way. It’s a big headache so your better off picking one or the other. I chose my medication. I have life long health problems there is no cure for and no meds that work for it but I love shooting guns also. good luck to everyone.
I just asked a gun shop and they said you have to wait 6 months after your medical cards is deactivated/expired. (?) then the state police said you need to wait a year to apply for a gun permit to carry a concealed weapon. I cant find anything on the PA state police website that says what you can and cannot do after your card is inactive. Frustrating!!
I have a medical marijuana card but I don’t smoke Marijuana. I just want to purchase CBD. My not being able to bear arms is preposterous
Those sound like opinions not based in any written law. Having owned guns for years, I’ve run in to those scenarios numerous times when dealing with a legal question, gun shop owners and even members of law enforcement. If you can’t find any law referring to those “waiting periods” you wouldn’t be doing anything wrong by getting your permit as far as the “letter of the law” is concerned. Just my opinion of course. My guess is there may be some “crossover” in the process that may flag your application for a permit and waiting X amount of time after the MM card expires assures those matters have been resolved.
If you send back your Medical Marijuana card months before it expires and didn’t buy any medical marijuana in the entire year of 2021. When can you get a CCW permit? When can you purchase ammo?
When am I able to purchase a gun after my card expires?
Why is it that we are to transfer to someone outside of our household within the 60 days but there are no clear laws on someone else posessing firearms and are not a marijuana user? I would rather transfer to my husband, who does not use marijuana, than to sell for less money or have to transfer to someone else.
Wow and I want to go to Pittsburgh from Washington state! This country really needs to pull together for marijuana reform vs. Jimbob boozers that wreak all levels of havoc.
What constitutes “addiction” & who makes that determination?
How do we change this law? This is some straight bs. Billybob down the street can get drunk, drive drunk, touch his neighbor’s kid while drunk and beat his wife while drunk all while owning an arsenal of firearms. And unfortunately some of us older medical marijuana users, who have to share the neighborhood with Billybob and just want a decent quality of life have to sit in our homes defenseless because of this.