Pennsylvania District Attorney Sues to Allow Medical Marijuana Users to Buy and Own Guns
As the start of rifle deer season approaches in Pennsylvania, hundreds of thousands of hunters will head into the woods. However, some hunters may not be aware that if they have a medical marijuana card, they are breaking the law. Warren County District Attorney Rob Greene, who has a medical marijuana card, is trying to change that law.
Under federal law, medical marijuana cardholders are prohibited from buying or owning guns. Greene, who is also a gun owner, believes this is unfair and is suing the federal government to allow medical marijuana users to buy and own guns. He argues that the current law is depriving him of his Second Amendment rights.
The lawsuit, filed in Pittsburgh federal court, names Attorney General Merrick Garland, FBI Director Christopher Wray, and Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach as defendants. The federal government has filed a motion to dismiss the suit, calling it “meritless.”
Gun experts say that many gun owners and medical marijuana users are not aware of the law. Jonathan Stark, owner of Legion Arms in West Mifflin, estimates that more than half of all marijuana card holders may own a gun. However, the state health department does not ask people applying for marijuana cards if they own a gun, and it does not turn over its list of marijuana cardholders to state police or any federal agency for background checks.
The state carry permit form also asks applicants if they are an “unlawful user of marijuana,” but does not specify medical marijuana. This has led to confusion among some gun owners and medical marijuana users.
State Sen. Dan Laughlin has filed legislation that would allow medical marijuana users to get carry permits. He argues that the federal government should not label marijuana with the same stigma as other drugs like cocaine or heroin.
Advocates for stricter gun control laws argue that medical marijuana users should not be allowed to own guns due to the potential risks associated with marijuana use. A 2019 study published in the Lancet found that frequent marijuana users are nearly five times more likely to develop psychosis.
Despite his concerns about the potential risks, Greene believes that medical marijuana users should be allowed to own guns. He plans to retire next year and is determined to see his lawsuit through to the end.
The issue highlights the complexities of the relationship between marijuana use and gun ownership in the United States.
