Firearms Information for Medical Marijuana Cardholders

Firearms Information – 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]herefore, 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 Statutes Chapter 18, Section 6109(e)(1)(xiv).    

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