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


Rolaine Mcgruder
February 11, 2021 at 2:28 pm

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.

    February 19, 2021 at 4:01 pm

    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! 🙂

March 16, 2021 at 2:34 pm

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.

    March 18, 2021 at 4:36 pm

    I cannot disagree with this statement, Scott 😉

April 13, 2021 at 3:52 pm

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?

    April 15, 2021 at 10:56 am

    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.

May 7, 2021 at 10:02 pm

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

May 7, 2021 at 10:04 pm

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

May 18, 2021 at 10:17 am

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….

June 18, 2021 at 10:30 am

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.

June 23, 2021 at 2:12 pm

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!!

J Johnson
July 14, 2021 at 1:30 pm

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

July 30, 2021 at 7:59 am

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.

August 22, 2021 at 1:30 am

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?

August 31, 2021 at 8:30 pm

When am I able to purchase a gun after my card expires?

October 1, 2021 at 12:53 pm

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.

JoAnne Moore
October 9, 2021 at 10:35 am

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.

October 12, 2021 at 11:26 am

What constitutes “addiction” & who makes that determination?

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