Medical Marijuana Patients And Gun Ownership Rights

Amid debate over legalizing adult-use marijuana, lawmakers say Pennsylvania’s medical program needs some improvements – and call on the governor to lead the way.

The medical program grinds against federal law: every cardholder faces the loss of their Second Amendment rights. That tradeoff was made clear in January when Warren County District Attorney Rob Greene announced that he obtained a medical marijuana card — and the law required the county sheriff to confiscate his license to carry a firearm.

Phantom impairment, too, complicates the medical program. Though a high may only last a short time, traces of medical marijuana stay in a person’s system for weeks; during a traffic stop, they could get charged for a DUI without being impaired. The General Assembly is debating a bill in the House to clarify the rules, but it still awaits action.

Soon, the Senate will have a new reform bill. Sen. Dan Laughlin, R-Erie, wants to codify in state law that medical marijuana cardholders are not unlawful users and should not have restrictions on gun ownership.

“I’ve had a lot of people tell me that the reason they aren’t comfortable with getting a medical marijuana card is because they’re gun owners,” Laughlin said.

Though the bill’s language is still in the works and federal law remains an obstacle, he said the change could fix some ambiguities.