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  1. #1

    Default Concealed Carry Permits and Medical Marijuana Laws

    My question involves criminal law for the state of: PA

    I currently hold a PA License to Carry Firearms (LTCF), and have renewed it successfully for many years. PA just legalized medical marijuana for a number of ailments, two of which I suffer. I would be willing to try an alternative option, given the number of 'legal' prescriptions I've used which did not help.

    The PA statutes (and application) pertaining to the LTCF specifically ask if the applicant is an habitual user of alcohol/marijuana. There is no way to indicate that you are, but qualify under newer state law. Additionally, lying on the form is a felony.

    Do I have to choose one over the other, until further case law is established? I've Googled a lot and seems like many are expressing concern over this as well, or at least wonder how to handle it.

  2. #2
    Join Date
    Jan 2011
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    233

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    This is the latest ATF guidance to FFL's on the matter:

    https://www.atf.gov/firearms/docs/op...cinal-purposes

  3. #3
    Join Date
    Oct 2006
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    15,112

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    Quote Quoting Mr.Fix_It
    View Post
    My question involves criminal law for the state of: PA

    I currently hold a PA License to Carry Firearms (LTCF), and have renewed it successfully for many years. PA just legalized medical marijuana for a number of ailments, two of which I suffer. I would be willing to try an alternative option, given the number of 'legal' prescriptions I've used which did not help.

    The PA statutes (and application) pertaining to the LTCF specifically ask if the applicant is an habitual user of alcohol/marijuana. There is no way to indicate that you are, but qualify under newer state law. Additionally, lying on the form is a felony.

    Do I have to choose one over the other, until further case law is established? I've Googled a lot and seems like many are expressing concern over this as well, or at least wonder how to handle it.

    Are you in a situation where you need to shortly reapply for your license to carry? If you are not in a situation where you need to reapply then I suggest that you hold off and wait to see how things get re-adjusted to deal with the newly legalized for medical purposes issue about marijuana.

  4. #4
    Join Date
    Apr 2006
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    2,541

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    If you're a gun owner, a med card means buh-bye to them as weed is still a Federal offense.
    Growing old, mandatory. Growing up, optional!

  5. #5
    Join Date
    Oct 2014
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    7,088

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    Quote Quoting Mr.Fix_It
    View Post
    My question involves criminal law for the state of: PA

    I currently hold a PA License to Carry Firearms (LTCF), and have renewed it successfully for many years. PA just legalized medical marijuana for a number of ailments, two of which I suffer. I would be willing to try an alternative option, given the number of 'legal' prescriptions I've used which did not help.

    The PA statutes (and application) pertaining to the LTCF specifically ask if the applicant is an habitual user of alcohol/marijuana. There is no way to indicate that you are, but qualify under newer state law. Additionally, lying on the form is a felony.

    Do I have to choose one over the other, until further case law is established? I've Googled a lot and seems like many are expressing concern over this as well, or at least wonder how to handle it.
    Before you even consider PA laws regarding the license to carry you first have to ensure you meet federal firearms laws. And your problem here is that under federal law it is illegal for anyone "who is an unlawful user of or addicted to any controlled substance" to possess any firearm or firearm ammunition. 18 U.S.C. 922(g)(3). Marijuana is a controlled substance under federal law and under federal law there is no legal way to use marijuana. So the moment you start to use marijuana you'll be committing a federal felony offense if you at that time still possess firearms. Until Congress passes a law that would make it legal to use marijuana for at least medical purposes you'll have to make a choice: give up the guns entirely and use the marijuana or (2) keep the guns and find some other pain treatment to use that is legal under federal law.

  6. #6

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    Quote Quoting Taxing Matters
    View Post
    Until Congress passes a law that would make it legal to use marijuana for at least medical purposes you'll have to make a choice: give up the guns entirely and use the marijuana or (2) keep the guns and find some other pain treatment to use that is legal under federal law.
    As I suspected - thank you for the responses.

  7. #7
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    Quote Quoting Taxing Matters
    View Post
    Before you even consider PA laws regarding the license to carry you first have to ensure you meet federal firearms laws. And your problem here is that under federal law it is illegal for anyone "who is an unlawful user of or addicted to any controlled substance" to possess any firearm or firearm ammunition. 18 U.S.C. 922(g)(3). Marijuana is a controlled substance under federal law and under federal law there is no legal way to use marijuana. So the moment you start to use marijuana you'll be committing a federal felony offense if you at that time still possess firearms. Until Congress passes a law that would make it legal to use marijuana for at least medical purposes you'll have to make a choice: give up the guns entirely and use the marijuana or (2) keep the guns and find some other pain treatment to use that is legal under federal law.
    Why? Is the threat real or imagined?

    With that advice one could also say people should give up spitting until it is has become lawful.

  8. #8
    Join Date
    Sep 2010
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    18,827

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    Spitting isn't a felony.
    But if you want the "How do I break the law and get away with it" forum, you need to look elsewhere. Nobody here can recommend you violate the law.

    And while you might get away with spitting if nobody is watching, the crossreferencing of MMJ cards and gun purchasers is REAL.

  9. #9
    Join Date
    Jan 2011
    Posts
    233

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    AFAIK states are not (yet) reporting lists of MMJ card holders to NICS, but that doesn't mean the feds won't mandate it in the future.

    PA SP has already said that you can't have both a LTC and a state MMJ card. https://www.psp.pa.gov/firearms-info...formation.aspx

  10. #10

    Default Re: Concealed Carry Permit and Medical Marijuana Laws

    PA SP has already said that you can't have both a LTC and a state MMJ card. https://www.psp.pa.gov/firearms-info...formation.aspx
    Thank you for another useful link.

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