Gun Rights for Medical Cannabis Patients in Pennsylvania
Table of Contents
What are the gun rights for cannabis patients in Pennsylvania? Senator Tom Wolf authorized the use of cannabis for medical purposes by signing Senate Bill 3 in April 2016. As of late 2022, the Pennsylvania Medical Marijuana Program is currently being implemented by the Pennsylvania Department of Health (PDOH). The program gives residents with serious illnesses access to medical marijuana through a safe and efficient means of delivery.
The bill authorized the use of cannabis for the treatment of specified qualifying conditions with a medical recommendation, which includes:
- Amyotrophic lateral sclerosis (ALS)
- Anxiety disorders
- Cancer, including remission therapy
- Crohn’s disease
- Damage to the nervous tissue of the central nervous system (brain-spinal cord)
- Dyskinetic and spastic movement disorders
- HIV / AIDS
- Huntington’s disease
- Inflammatory bowel disease
- Intractable seizures
- Multiple sclerosis
- Neurodegenerative diseases
- Opioid use disorder
- Parkinson’s disease
- Post-traumatic stress disorder
- Severe chronic or intractable pain
- Sickle cell anemia
- Terminal illness
- Tourette syndrome
The bill also established a state-licensed system for the sale of cannabis to patients, with the restriction that medical marijuana can only be vaped or ingested.
Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Pennsylvania?
Federally, yes, but keep in mind that it’s in a very gray area. Although a Pennsylvania Medical Cannabis Card is required to possess medical marijuana legally, it is against the law for an individual to apply for, hold, or renew a Pennsylvania License to Carry a Firearm (LTC) due to federal laws that govern this matter. According to Chapter 18 of the Pennsylvania Consolidated Statutes, Section 6109(e)(1) (xiv), an individual who is forbidden from owning or purchasing a firearm under US law is not eligible to receive a gun license. The Pennsylvania State Police Firearms Division zealously enforces this legislation, and any disputes are decided by the Pennsylvania State Police’s attorneys in front of an administrative law judge.
In order to protect patient privacy, the Pennsylvania Department of Health does not publish patient identities on JNET, the background check gateway used by law enforcement organizations. In actuality, no federal databases are examined for Pennsylvania medicinal marijuana cards. This implies that people with medical marijuana cards won’t show up on a background check for a gun, which makes it possible for people to hold both. Pennsylvania Governor Wolf declared at the beginning of 2018 that “We’re not going to take their guns away” in reference to Pennsylvania medical cardholders who have firearms.
Related Medical Cannabis Reading:
Can You Take Your Gun to a Dispensary in Pennsylvania?
According to Pennsylvania state law, firearms are not allowed in the following establishments, even with a permit/license:
- prisons or other detention institutions
- mental health hospitals
- Transportation Security Administration checkpoints, and airplanes
In every other place, including malls and dispensaries, firearms are legal to carry.
Pennsylvania allows open carry of firearms, except for the city of Philadelphia. This indicates that once you purchase a gun, you are free to carry it openly. However, a concealed carry license is necessary to carry a concealed firearm in Pennsylvania. These can be acquired from the sheriff of each county and in Philadelphia from the Police Department. A background check, application, payment of a fee, and a photo are all necessary when applying for a concealed carry permit. There are no criteria for proficiency, safety training requirements, or firearms safety courses necessary.
Can You Consume CBD and Own a Gun in Pennsylvania?
The Commonwealth of Pennsylvania has legalized CBD oil, but only if specific conditions are met. When the United States legalized industrial hemp with the 2018 Farm Bill, Pennsylvania followed along with many other states. In Pennsylvania, CBD products containing up to 0.3 % THC are acceptable. Patients who have enrolled in Pennsylvania’s medical marijuana program can access CBD with a greater THC concentration. Pennsylvania has not legalized the use of marijuana for recreational purposes as of late 2022.
CBD oil users can still consume CBD with up to 0.3% THC while owning a gun.
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