Pennsylvania – New medical marijuana cards in Pennsylvania could cause headaches for anyone who owns a firearm.
Federal law still considers marijuana a Schedule 1 drug, which means that a gun dealer cannot legally sell a firearm to anyone who uses the drug, no matter if it is for medical use or if it has been legalized at the state level.
Rep. Cris Dush (Republican for Jefferson and Indiana Counties) says that this was one of the reasons why he argued against legalizing medical marijuana in our state. He says that there will always be unintended consequences.
Pennsylvania is preparing to issue medical marijuana cards by the end of year. If you intend on applying for one of the cards, make sure you know both the state laws and federal laws.
The latest version of the Federal Form 4473 (the Bureau of Alcohol, Tobacco, Firearms and Explosives form which is required to be filled out when purchasing a firearm from a licensed gun dealer) was revised earlier this year to include the following question/warning in Section 11(e):
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
A dealer cannot sell a firearm to anyone answering “yes” to this question.
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