One of the most common legal questions we receive at PKN Law is whether a medical marijuana patient in Pennsylvania can legally own or purchase a firearm.
The answer is not simple. Pennsylvania law and federal law are in direct conflict. State law allows patients to own firearms. Federal law does not. This contradiction creates a complicated legal situation that all medical cannabis patients should understand clearly.
This article explains how both systems of law apply, outlines important court rulings, and explores what patients can do to avoid risk. If you are a medical cannabis patient who owns firearms or is considering buying one, you need to know how to navigate this legal gray area safely.
What Does Pennsylvania Law Say About Firearm Ownership and Medical Marijuana?
Pennsylvania passed its Medical Marijuana Act in 2016. This law legalized the use of medical cannabis for individuals with qualifying conditions. Patients who follow the rules and register properly with the Department of Health may possess and use cannabis within the scope of that law.
The state law does not restrict those patients from owning or buying firearms. There is no Pennsylvania statute that prohibits medical cannabis users from possessing firearms. Additionally, Pennsylvania does not share medical marijuana patient information with law enforcement for purposes of background checks. This means that a patient’s enrollment in the program is not flagged when purchasing a gun from a state perspective.
In short, the state permits medical marijuana patients to own firearms without additional restrictions based on their patient status.
What Does Federal Law Say About Firearms and Cannabis Use?
Federal law tells a very different story. Under the federal Controlled Substances Act, cannabis remains classified as a Schedule I drug. This classification places it in the same category as substances like heroin and LSD, despite legalization at the state level for medical or recreational use.
The Gun Control Act of 1968 prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from owning or possessing a firearm. Under this law, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers all cannabis users to be unlawful, even if their use is permitted by state law.
When someone attempts to purchase a firearm from a licensed gun dealer, they must complete ATF Form 4473. This form includes a specific question about the use of marijuana or any other controlled substance. The form also warns that the use of marijuana remains illegal under federal law, regardless of state-level legalization.
Answering “yes” on this form will result in a denial of the firearm purchase. Providing a false answer can lead to federal criminal charges. This can include prison time and fines. Even if the purchaser is otherwise legally eligible to own a firearm, admitting to cannabis use on the form is a barrier under federal law.
What Happens if You Already Own a Gun?
Many individuals owned firearms before becoming medical cannabis patients. Once they are enrolled in the program, they find themselves uncertain about whether they can continue to possess their weapons.
According to federal law, continued possession of firearms while using marijuana is not legal. The law does not distinguish between new and existing firearm ownership. Therefore, a medical marijuana patient who already owns guns is still considered in violation of federal firearms law.
Enforcement of this federal rule against individual patients is not common. However, this does not mean that it never occurs. Legal exposure remains, especially when other criminal allegations or law enforcement investigations are involved.
Does Federal Protection Exist for State-Legal Medical Marijuana Use?
There is a narrow provision in federal law that provides some protection to state-legal medical marijuana patients. Since 2014, the federal budget has included the Rohrabacher-Farr Amendment. This law prevents the Department of Justice from using federal funds to interfere with state-compliant medical marijuana programs.
In practical terms, this amendment limits the ability of federal agencies to prosecute medical marijuana patients who are acting in accordance with their state’s law. Courts have relied on this provision in certain cases to dismiss charges against individuals who were following state regulations.
One case in Michigan involved a patient who challenged federal charges for firearm possession. The judge ruled that the Department of Justice could not prosecute the patient because of the protections in the federal budget law.
However, that protection was not absolute. The court determined that the individual had not been following Michigan’s medical cannabis rules and allowed prosecution to proceed. This shows that the amendment offers protection only to patients who are in full compliance with their state medical marijuana programs.
What About Concealed Carry Permits in Pennsylvania?
In Pennsylvania, individuals must apply through their county sheriff’s office to obtain a license to carry a concealed firearm. The application process includes a background check and a review of any disqualifying conditions.
The state does not currently treat medical marijuana use as an automatic disqualifier for a concealed carry permit. However, because federal law prohibits marijuana users from owning or carrying firearms, some counties may consider this information when evaluating an application.
Each county may approach this issue differently. Some law enforcement officials may deny an application based on a patient’s enrollment in the medical marijuana program. This inconsistency adds another layer of uncertainty for patients who want to carry firearms legally.
Legal Risks for Medical Marijuana Patients Who Own Guns
The risk of federal prosecution may be low for most patients, but it is not zero. There are specific situations that increase the chances of facing legal trouble, including:
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Being stopped by police while in possession of both cannabis and a firearm
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Using a firearm in a self-defense situation and becoming the subject of an investigation
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Filling out ATF Form 4473 inaccurately when purchasing a firearm
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Applying for a concealed carry permit and disclosing cannabis use
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Becoming the subject of any federal investigation while also being a cannabis patient and gun owner
These situations can lead to federal charges, firearm confiscation, and loss of firearm rights. In some cases, individuals may also face state-level consequences depending on how the situation unfolds.
Why You Should Consult a Criminal Defense Attorney
Navigating the conflict between state and federal law can be confusing and risky. A single mistake could expose a law-abiding patient to serious legal consequences.
Patients should speak with a criminal defense attorney before purchasing a firearm, applying for a concealed carry permit, or continuing to possess firearms while using medical marijuana. An experienced attorney can evaluate the patient’s situation, explain their legal risks, and provide guidance to avoid potential charges.
Attorney Patrick Nightingale has more than 24 years of experience handling criminal cases, including firearm violations and marijuana-related charges. His experience as both a prosecutor and defense attorney gives him a unique perspective on how these cases are prosecuted and defended in court.
As an advocate for cannabis reform and criminal justice fairness, Attorney Nightingale is committed to helping medical marijuana patients protect their rights while remaining compliant with the law.
Take Action to Protect Your Rights
Until federal law changes, medical cannabis patients must continue to navigate the risks associated with firearm ownership. Patients should remain fully compliant with the Pennsylvania medical marijuana program, avoid inaccurate firearm applications, and seek legal counsel before taking any action involving firearms.
Do not assume that owning a firearm is safe just because the state program does not prohibit it. The federal prohibition is still in place and can be enforced in specific circumstances.
If you are a medical marijuana patient in Pennsylvania and have questions about your firearm rights, we are here to help.
To schedule a consultation, call 412-454-5582 or visit patricknightingale.com