All posts tagged: Marijuana Laws

The Cannabis Chronicles: A Brief Legal History of Cannabis

The Cannabis Chronicles

1906:
Congress passes the Pure Food and Drug Act. Cannabis is regulated as a drug.
1910:
Congress lists cannabis as a narcotic and regulates it as a poisonous substance. Various states begin regulating marijuana in the following years, adding it to a list of “habit forming drugs”.
1930’s:
In 1930, the Federal Bureau of Narcotics is formed, headed by Harry J. Anslinger, causing increased scrutiny of cannabis use.
Anslinger was a virulent racist who saw marijuana regulation as a weapon to use against African Americans, Hispanics and other groups he deemed undesirable, including certain entertainers like Jazz musicians. His agency churned out most of the “Reefer Madness” propaganda we now find laughably outrageous.
The Marihuana Tax Act of 1937 made possession and transfer of cannabis illegal except for medical and industrial uses. Cannabis was now being regulated and taxed, putting the United States in the weed business.
In 1938, Congress passes the Pure Food, Drug and Cosmetics Act, resulting in the creation of the Food and Drug Administration. Marijuana remains listed as a “dangerous drug”.
1940’s
During World War II, the need for hemp saw the government encouraging farmers to cultivate more hemp than ever before. Yet the medical efficacy of cannabis was still ignored.
In 1947, the DuPont corporation invented nylon, which competed with hemp as a fiber material, resulting in an end to hemp cultivation by the mid-1950’s.
1950’s
Things got much worse for cannabis in the 1950’s when Congress instituted severe mandatory sentences for a variety of drugs, including cannabis. The penalty for cannabis possession as of 1956 became a minimum 2-10 years in prison and a $20,000 fine.
1960’s
The decade most associated with drug use is ironically the decade of virtually no anti-drug legislation. This would all change after the election of Richard Nixon in 1968.
1970’s
In 1970, the Nixon administration went to war on drugs beginning with the Controlled Substances Act and the creation of the Schedule List for drugs, which identified cannabis as Schedule 1– along with drugs like Heroin– as having the greatest potential for abuse and no medicinal value. In 1973, the DEADrug Enforcement Administration— was formed, and the War on Drugs was truly on.
1980’s
The 1980’s saw the criminal penalties associated with drugs become much harsher under the Reagan administration with the institution of mandatory minimum sentences and the “Three Strikes Rule”. First Lady Nancy Reagan led an anti-drug crusade with increased propaganda– primarily aimed at children and teens– flooding the airwaves. Remember the egg frying while a somber voice intoned, “This is your brain on drugs” commercials?
1990’s
California Proposition 215, passed in 1996, changed everything by legalizing medicinal cannabis in that state. Over the next two decades, other states followed suit, bringing us to the present.
The Present
Currently, there are 29 states with some form of medical and/or recreational use protections for cannabis. States like Colorado are generating huge tax benefits from legal weed while experiencing a net decline in opioid abuse and teen drug use overall. Unfortunately, the appointment of Attorney General Jeff Sessions has cast a cloud of concern on cannabis legalization.

The fight goes on.

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Vinni BelfioreThe Cannabis Chronicles: A Brief Legal History of Cannabis
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The DEA Ignores Congress and Declares War on Hemp

When Congress passed the 2014 Farm Bill, they included industrial hemp as a legitimate agricultural concern.  The bill they passed allowed for research and crops grown by educational facilities and allowed states to determine what private parties could participate.

The Farm Bill defines hemp (Cannabis Ruderalis) as a plant that is separate from marijuana (Cannabis Sativa).  This determination is  based on the  lack of THC and no psychoactive components in hemp.  They defined the level of THC as being, “not more than .03 percent THC”, a level that is far below what it takes to produce a psychoactive effect.  The legislation purposely included ALL parts of the plant, including the flower, and any derivative thereof. This implicitly recognizes that the plant by itself requires processing in order to be of any value. That includes CBD extract.

Hemp CBD has no psychoactive effects and may have medicinal benefits.  Any potential medicinal value of hemp is for the FDA to determine, not the DEA.  Additionally, the DEA is not a law making agency. They have absolutely no authority to make the law.  Their authority is to enforce the laws made by Congress.   It is not within the scope of their power to reinterpret, redefine or dilute the law in any way.  And yet, that is exactly what the DEA is attempting to do.  In essence, the DEA is telling Congress, “We get to decide what the law you passed means, not you.”

Congress was very explicit in the wording of the Farm Bill, yet the DEA is attempting to circumvent the intent of the law.  Congress was definitely addressing the necessary processes of turning Hemp into various products. They specifically included ALL parts of the plant, including the flower, which is where CBD extracts come from.

As stated above, the DEA is a regulatory agency with no legislative authority whatsoever, yet they decided to ignore the stated intent of the Farm Bill by parsing the language to suit their own agenda, which in this instance resulted in their classification of CBD as a controlled substance.

The whole issue is now in the United States Court of Appeals for the Ninth Circuit.  An Amicus Brief has been filed by 28 Senators and Congresspersons in support of the plaintiff in Hemp Industries Association v. Drug Enforcement Administration. It is clear Congress will not let the DEA get away with what is a case of over-reach on their part.  We’re keeping a close eye this case as it has far reaching implications.

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Vinni BelfioreThe DEA Ignores Congress and Declares War on Hemp
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A Busy Opening Week for Medicinal Cannabis

A sampling of Cresco Yeltrah products.

The first week of Medicinal Cannabis sales in Pennsylvania is complete, and it was booming.

In fact, dispensaries were so busy demand exceeded supply.

Cresco Yeltrah is the only grow facility which was able to provide products at the current time, and dispensaries went through their first shipment in 3 days.

CY Plus is a Cresco Yeltrah dispensary located in Butler PA, and was the first dispensary to open their doors.

Cannabis Legal Solutions partner Patrick K. Nightingale was the third patient served at CY Plus and consequently was also the third patient in the state of Pennsylvania to receive medication under the new medicinal cannabis law.

Here in Allegheny county, Solevo, located in Squirrel Hill (Pittsburgh) opened their doors on Tuesday and also went through their stock as well.

(At the time of this writing, both dispensaries should be restocked.)

Theresa Nightingale, Patrick’s wife and Chairperson of the Pittsburgh NORML Women’s Alliance, was one of the first patients served at Soleva’s dispensary, which is only a couple blocks from her residence.

Both reported very professional treatment and impressive facilities and the quality of the product was first rate according to the  Nightingales.

Prices were a little higher than expected in Butler, but this is probably a reflection of the lower patient population in that area of Pennsylvania and is something that will level out as more producers come online and the marketplace stabilizes itself over the coming months.

There are still some unanswered questions regarding medicinal cannabis in Pennsylvania, and over the next couple months, many will no doubt be answered.

One of the biggest concerns we’re hearing from potential patients is how having a medical cannabis card will affect gun ownership. It will not affect guns patients already own however, it does mean patients will not be able to purchase additional firearms.

The ATF form for gun purchases requires disclosing use of any controlled substance, including marijuana. Lying on the form is a felony, so we strongly advise patients to purchase any new firearms prior to getting their card.

Of course, the only way to change this situation is to reschedule marijuana from schedule 1 to schedule 2. Cannabis Legal Solutions encourages Pennsylvanians to contact their representatives in the House and Senate and tell them you believe the law needs to change.

The need is real. Twenty nine states now have some form of legalized cannabis, either recreational  and/or medical. Our elected officials can not continue to ignore the winds of change sweeping the nation.

Law abiding citizens should not be under the treat of prosecution by the Federal government for taking medicine that is legal in the state in which they reside.

The overwhelming demand exhibited on opening week shows there is a significant portion of the population who needs this important medication.

That’s a decision that should be left to patients and their primary care physicians, not the federal government.

We are rapidly approaching the inescapable conclusion that the Federal government needs to take action on this, instead of kicking these very real problems down the road.

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Vinni BelfioreA Busy Opening Week for Medicinal Cannabis
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Marijuana For Teens: The Thrill is Gone

Teenagers love testing boundaries. They enjoy courting danger. They are, in general, thrill seekers.

For some, the thrill of scoring illegal drugs is very tempting.

Most drug users will tell you there is a “high” in the act of just scoring more drugs.  There is danger, excitement, suspense.

Legalization of marijuana has removed a lot of that real and/or perceived danger from purchasing marijuana.

For starters, legalization takes away the profit motive for drug dealers.  Why sell marijuana and risk prosecution if your customer base can just go to a dispensary to get their stash?

Of course, teens cannot buy marijuana at dispensaries in the first place, but the same is true of alcohol and the liquor store.  Unless we missed something, no one is running a still that caters to the teen market.

Drinking alcohol is a social thing and is far more acceptable to society as a whole, which goes a long way in explaining why teens drink to begin with.

Alcohol is sold and consumed at a variety of gatherings– sporting events, concerts– and is advertised on television and in magazines.

This is not true of marijuana, even in states where is legal for recreational use.

There are no ads on TV featuring supermodels or characters like Spuds McKenzie, glamorizing marijuana use for impressionable young people to see.

Even where it is legal, public consumption of marijuana is generally restricted and more frequently, banned altogether.

Going to score drugs from a drug dealer is an exciting adventure.  Buying them at the store is rather mundane.  For a teenager, there is not much danger involved with standing in front of a liquor store asking adults to buy you a bottle of booze.

In fact, it’s kind of pathetic and not exactly, “cool”.

In states where marijuana is legal, and the black market no longer exists, the thrill of scoring weed is gone.

Perhaps this explains the drop in teen marijuana use in states where it’s been legalized. It’s just not cool anymore.

Add to that the negatives of smoking in general.

Teen cigarette use is way down from 20 years ago, in part because it’s been vilified as unhealthy and a nasty habit to boot.  Not smoking is way cooler than smoking to today’s youth.

Which brings us to Tide Pods.

Tide Pods have killed more people in the past 6 months than marijuana has in it’s whole history, and they don’t even get you high!

Yet we see thrill seeking teenagers eating plastic detergent pods simply for the thrill.

No high, no addiction issues… just the thrill of doing something, well, incredibly stupid.

Legalization for recreational use means no more dangerous drug deals in seedy neighborhoods. No more dealers battling for turf. Just a trip to the store.

No excitement there.

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Vinni BelfioreMarijuana For Teens: The Thrill is Gone
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Legalization: The Fight Goes On

Since Pennsylvania passed Act 16, the state medicinal cannabis program has been in the news with regularity.

On the one hand, the coverage has been a plus in terms of raising awareness and ‘normalizing’ the idea of marijuana as medicine.  It has opened the door to frank discussion.

On the other hand, the victory in getting Act 16 passed seems to have lulled the public into the idea that marijuana is legal– that the work of legalization is done.

This is of course not the case at all.

Marijuana remains on the Federal Schedule 1 list (meaning it has no medical benefits and a high potential for abuse), despite the overwhelming body of evidence showing it does in fact have medicinal efficacy.

The conflicting positions of the Federal government and States where it is legal in some form– either medicinal or recreational– has opened a proverbial legal can of worms.

The are still many questions that have no clear answers.

Questions like, how does having a medical marijuana card impact an individual’s rights? For example, does having a medical marijuana card affect gun ownership? How does it affect the right to privacy regarding medical records?  What is the role of the IRS and tax laws regarding profits and/or income from a Schedule 1 substance being deposited in banks?

What about potential criminal penalties when taking medicine into a State that does not have a medicinal cannabis law on the books?

How about DUI laws and medicinal cannabis, or possessing an otherwise legal medication on Federal property?

Will health insurance cover treatment in the future?  Will companies continue to drug test employees for marijuana in States where it legal for recreational use?

And the big question, what is the position of the Federal government on all this?

Attorney General Jeff Sessions has been ambiguous when asked whether or not the Justice Department will work to curtail the legalization process or respect the will of the people.

Of course, actions speak louder than words and so far, the AG is quietly pushing an agenda that appears unfriendly to the legalization movement.  His is a process of incrementalism, which includes what could be called, ‘vaguely stated, thinly veiled threats’ to roll back the progress legalization has made.

During the Presidential campaign, Sessions’ boss, President Trump, was quoted as saying he would not interfere with the legalization process,  but has since been silent on the subject.

Sessions was in Pittsburgh about a week ago, speaking at the Federal courthouse downtown. Pittsburgh NORML and other groups gathered to protest the AG, but to be candid, the turnout was exceptionally small.

A large turnout would have made a strong statement to the AG, which is why we’re concerned that people may think our work is done.

With an Attorney General in office who is openly hostile to marijuana law reform, it is more important than ever for people to make their voices heard.

Call your representatives. Let them know it’s time for a change at the Federal level. Marijuana should be rescheduled.

 

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Vinni BelfioreLegalization: The Fight Goes On
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Fentanyl: The True Gateway Drug

Prince

Lil’ Peep

Tom Petty

Delores O’Riordan

All were famous musicians… ‘rock stars’, as it were.

All of them overdosed.

Not the cliche’ heroin OD with a dirty needle in a seedy setting like so many rock stars have done in the past.

They were taking a prescribed drug. A drug that doctors apparently pass out with little regard for the potential consequences. A drug from which pharmaceutical companies reap profits that rival a cartel.

All of them are now dead and all were killed by Fentanyl.

Tom Petty, who was prescribed this medication for chronic pain from a broken hip, simply wanted to keep touring, and the pain was preventing him from performing. Unfortunately, the potential for abuse with any pain killing medications is a real concern. With Fentanyl, it is especially so.

Fentanyl is a highly addictive and extremely powerful drug that mimics the effects of heroin. It is regularly mixed with heroin because it is very cheap to manufacture, significantly increasing the potential profits of dealing heroin. The Federal Government estimates as much as 70% of the heroin they seize is now laced with Fentanyl.

And while the tragedy surrounding the untimely deaths of beloved musical icons is painful, it is a drop in the bucket of death when compared with loss of life among the thousands of average people who have died because of this scourge.

This is truly a problem of epic proportions for society as a whole, and it’s being caused by the very people and agencies who are supposed to be looking out for, We, the People.

Fentanyl prescriptions almost always lead to abuse, and once the prescription runs out, people who have become addicted often turn to illegal substances like heroin to fill their need.

Talk about a Gateway Drug!

And it’s FDA approved.

The Federal government thinks marijuana is a problem, but Fentanyl is okay.

The facts make this position untenable.

The arguments against legalization of marijuana are becoming increasingly absurd, bordering on delusional.

The government is playing both sides of the street, and they’re getting away with it.

The United States holds a patent on marijuana as a medicine for the treatment of cancer and brain trauma, yet marijuana remains a Schedule 1 drug, on par with heroin, because according to the patent holder, it has no medical efficacy.

We’ll wait a moment while you read that last paragraph again.

It can be fairly stated that at this point, the fox is truly guarding the hen house.

And meanwhile, thousands continue to die while the FDA, Attorney General, DEA and Congress continue to ignore the mounting evidence that Fentanyl is deadly and marijuana is truly the least toxic and safest of all recreational drugs. In fact, in states where marijuana is legal, the rates of opioid abuse have actually decreased by as much as 25%.

If there is a Gateway Drug, Fentanyl is it, and the gate keeper is the United States government.

This is madness and it needs to stop.

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Vinni BelfioreFentanyl: The True Gateway Drug
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Compassionate Certification Centers Begins Issuing Recommendations for Patients

Ken Shultz, Dr. Bryan Doner (CCC) and Patrick Nightingale

Our client, Compassionate Certification Centers opened its Downtown Pittsburgh office December 8 and is accepting patients seeking a medical cannabis recommendation.

Act 16 does not require a prior physician patient relationship. If you have a qualifying condition and your doctor is not registered you may seek a recommendation from ANY physician registered with the Department (provided said physician is accepting new patients.)

Theresa Nightingale, wife of Cannabis Legal Solutions founding partner Patrick Nightingale, is a cancer survivor. She was one of the first patients to get registered.

It was an emotional moment for Theresa, who was diagnosed with Non Hodgkins Lymphoma at age 13.

“It feels like a dream” said Theresa. “We worked so hard to make this happen. I’m almost in tears!”

Theresa has in fact worked very hard for legalization, petitioning lawmakers, making speeches, and she is the founder of the Pittsburgh NORML Women’s Alliance.

Theresa is herself the mother of a nine year daughter, so medicinal cannabis is something she works for not just for herself, but for all patients, young and old.

An estimated 10,000 patients were registered this week so far, and those numbers will continue to grow.

The Pennsylvania Department of Health is already issuing the cards for some of those certifications and they expect to send out quite a few over the next couple weeks.

Compassionate Certification Centers has locations throughout Pennsylvania and can assist patients wanting to register for a medicinal cannabis card.

Visit their website at www.compassionatecertificationcenters.com for information on costs, the process of getting registered and a complete list of qualifying medical conditions

It is important to note there is also a $50 fee for getting a medical card from the Department of Health.

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Vinni BelfioreCompassionate Certification Centers Begins Issuing Recommendations for Patients
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Medicinal Marijuana: Side Effects May Include Drowsiness and the Munchies

Watching TV last night.

A commercial comes on for some new wonder drug “which may be right for you”.

The list of potential unwanted side effects of this drug was long and ended with, “… and in rare cases, death”.

Wow. A medication which even in rare cases could result in death… Must be a serious medical condition, right?

Wrong.

It’s a drug that helps you maintain clear skin.

Yep, it must really be better to look good than to feel good.

About ten minutes later, another commercial about prescription medications comes on, but this one is from a law firm.

“If you or someone you love was prescribed blood thinning medications Xcelroco or Prodaxa…”

Yep, big lawsuit.

Now bear in mind, all these medications were approved by the FDA.

How many of these drugs have been recalled over the years? How many serious side effects have these medications been traced to?

These medications come about because a pharmaceutical company gets a patent on a new drug. They then do clinical studies and present that information to the FDA, which in turns decides whether or not to approve said drug.

Which brings us to medicinal marijuana.

Although there is a lot of research out there about the efficacy of medical marijuana, the patent is not owned by a pharmaceutical corporation that can do clinical trials and submit those results to the FDA.

The legal status of marijuana actually inhibits clinical trials as does the fact that the patent on THC is actually owned by the United States Government.

That’s right. The same government that keeps marijuana listed as a Schedule 1 narcotic (no medical efficacy) also owns the patent on THC for it’s medical efficacy in treating cancer and brain trauma.

Hence, no clinical trials are possible.

Sounds like the fox is guarding the hen house.

Meanwhile, the FDA is approving drugs based on clinical studies they actually have no hand in administering, and many of these drugs are wreaking havoc on patients.

Contrast that with medicinal marijuana.

Zero cases of overdose.

Zero cases of death due to toxicity.

Zero dangerous side effects– unless you consider passing out in front of the TV following a Doritos binge dangerous.

One thing seems certain; We’re likely going to see many more of these lawsuit commercials regarding prescription drugs.

Fortunately, it’s highly unlikely we’ll ever see a wrongful death medicinal marijuana lawsuit.

Maybe if someone gets too high and chokes on a Dorito…

 

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Vinni BelfioreMedicinal Marijuana: Side Effects May Include Drowsiness and the Munchies
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AG Jeff Sessions Hints at Marijuana Crackdown

Attorney General Jeff Sessions is back in the news as he makes threats against legalized marijuana.

Sessions won’t disclose what his plans are, but he has indicated his strong opposition to any form of legalization, medicinal or otherwise.
This news came on the heels of a statement from President Trump addressing the opioid crisis sweeping the country.

Sessions’ comments were wreathed in a smoke screen of scare tactics and outright misinformation. Despite a growing mountain of evidence showing that marijuana actually reduces opioid use in states where it is legal, Sessions chose instead to cite outdated reefer madness hyperbole such as, “It’s a gateway drug”, and the old tried and true fear mongering of, “What about the children?”

Meanwhile, states like Colorado have seen a 25% reduction in opioid use since legalizing marijuana and, equally significant, a drop in teen use of marijuana.

As far as the children are concerned, apparently Mr. Sessions has never witnessed the dramatic results of cannabis in treating seizure disorders in children. I guess he doesn’t care about those children.

The evidence being accumulated since the legalization of medicinal and recreational cannabis in over half the States in the U.S. is impossible to ignore.

Unless you’re a 70 year old Attorney General who places personal feelings over actual justice, or a grotesquely overweight Chris Christie.

The Governor of New Jersey is Chairman of the White House’s Commission on Combating Drug Addiction and the Opioid Crisis.

Governor Christie last week called upon the President to reject any efforts to acknowledge marijuana’s promising role in mitigating opioid abuse and dependency, and ignoring peer reviewed studies showing marijuana has efficacy in combating opioid addiction.

The commission released the following statement:

“The Commission acknowledges that there is an active movement to promote the use of marijuana as an alternative medication for chronic pain and as a treatment for opioid addiction. … There is a lack of sophisticated outcome data on dose, potency, and abuse potential for marijuana. This mirrors the lack of data in the 1990’s and early 2000’s when opioid prescribing multiplied across health care settings and led to the current epidemic of abuse, misuse and addiction. The Commission urges that the same mistake is not made with the uninformed rush to put another drug legally on the market in the midst of an overdose epidemic.”

Reality Check:

“K” is a paramedic in the city of Pittsburgh. Because of the nature of her work, she asked we don’t use her real name.

“K” has 10 years of experience and has never encountered a single instance of a marijuana overdose. Her biggest concern is marijuana being laced with other drugs.

“We sometimes see marijuana laced with embalming fluid or PCP” said K. “Often the person smoking doesn’t know what they’re being given.”

The fact that 29 States have legalized some form of medicinal cannabis means there is a wealth of evidence being accumulated showing the efficacy of medicinal cannabis. Instances like “K” talked about shows the need for regulation, so consumers don’t end up with tainted marijuana.

Ironically, it is the commission itself using outdated information to support an untenable position in the light of the many peer reviewed studies that are currently available.

NORML has assembled a list of studies here:
http://norml.org/marijuana/fact-sheets/item/relationship-between-marijuana-and-opioids

We urge President Trump to reject the advice of his commission and allow States and the medical community to continue providing this valuable medicine to patients who need it.

As of last week, a new poll shows a record number of Americans now favor legalization of marijuana (62%) and it’s no wonder the public is coming around. In States where it’s legal, business is booming, bringing those States desperately needed revenue, much of which ironically goes to fight and treat opioid abuse.

President Trump is pro business and anti-crime. Marijuana legalization addresses both those concerns while providing medicine to people who need it.

Perhaps the President’s commission chair, Governor Christie, should check out the U.S. patent office, where tucked away in a file is a patent on THC for treatment of cancer and brain trauma.

The patent is owned by the United States of America.

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Medical Cannabis and the Second Amendment – What are a patient’s firearms rights?

Patrick Nightingale testifying at the Pennsylvania State House.

Medical Cannabis and the Second Amendment – what are a patient’s firearms rights?
By Patrick K. Nightingale, partner Cannabis Legal Solutions

The issue of a medical cannabis patient’s Second Amendment rights is of great concern here in the Commonwealth of Pennsylvania where we have a long tradition of hunting and sportsmen.  Now that physicians are registered and patients can seek recommendations many are wondering whether they will lose their Second Amendment rights or be required to surrender their firearms.

The answers are not entirely straightforward.  Under PA law a medical cannabis patient is not prejudiced relative to firearms ownership.  Under federal law, however, that same patient risks a felony prosecution under federal firearms law.  Any patient purchasing a firearm from a licensed firearms dealer is required to execute ATF Form 4473 which, as will be discussed below, does not acknowledge medical cannabis.

Does Pennsylvania law prohibit a registered Pennsylvania patient from owning a firearm?

No.  Pennsylvania’s medical cannabis law is silent on the issue of firearm possession.  Title 18, section 6105 of the Pennsylvania Criminal Code sets forth that certain persons may not possess a firearm.  Section 6105 requires a criminal conviction.  Simple possession does not trigger the prohibitions under section 6105 unless the individual has a prior drug possession conviction.  The majority of the offenses that are set forth in section 6105 are felony level offenses.  Certain misdemeanors are also included such as second or subsequent drug possession conviction, Prohibited Offensive Weapon, Corruption of the Morals of a Minor and three or more DUI convictions.  A person subject to a Protection From Abuse order or an individual with a prior mental health commitment is also prohibited.

Does Federal law prohibit a registered Pennsylvania patient from owning a firearm?

Yes.  Title 18, section 922(g)(3) of the United States Code prohibits any individual who is an unlawful user of controlled substances from possessing a firearm.  Cannabis remains a Schedule I controlled substance and the DEA and ATF have made clear that federal law does not recognize an exception for state medicinal cannabis patients.  A violation of section 922(g)(3) is a felony with a maximum period of incarceration of 10 years.  At present the Rohrbacher-Blumenaeur budget amendment prohibits the Department of Justice from using its Congressionally authorized budget to prosecute state cannabis programs.  Even if the amendment is not included in the final budget it is highly unlikely that the Department of Justice will utilize its limited resources to prosecute individual patients under this section unless the patient is otherwise involved in a more significant violation of federal law.

Can I apply for my Concealed Carry Permit/Must I surrender my Concealed Carry Permit?

No/No.  The right to carry a concealed firearm in Pennsylvania is regulated by Pennsylvania state law.  The authority to issue a Concealed Carry Permit is vested in the County Sheriff of the county in which the individual resides.  18 Pa.C.S.A. §6109 sets forth the process for a concealed carry application and the responsibilities of the County Sheriff in reviewing applications.

One of the criteria is whether the applicant is an “unlawful user of marijuana.”  A registered patient would be a lawful user of marijuana under PA law.  Section 6109(e)(xiv) however, acts as a “catch all” and prohibits issuing a concealed carry permit to anyone otherwise prohibited under federal law from possessing a firearm.  Since any user of cannabis, whether pursuant to state law or not, violates 18 U.S.C. §922(g)(3) an application for a concealed carry permit will be denied.

At the time of writing I am unaware of any mechanism to try and revoke concealed carry permits merely because a patient is registered with the Department of Health.

Can I purchase a firearm lawfully if I am a registered PA patient?

No.  Any firearm purchase from a federally licensed firearms dealer involves the execution of ATF Form 4473. In 2016 the ATF modified the form to include the following language in question 11(e):

“Are you an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug, or any other controlled substance?  Warning:  the use or possession of marijuana remains unlawful under federal law regardless or whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”  (Emphasis in original).

If a registered patient answers this truthfully the sale will be denied after a Pennsylvania State Police review of the form.  If the patient lies on the form in order to purchase the firearm the patient risks felony prosecution by the Pennsylvania State Police.

An ATF Form 4473 is not required for the purchase of a rifle or shotgun, but a patient would nonetheless be considered a prohibited person.

A recent Ninth Circuit case addressed the issue of an Arizona patient attempting to purchase a firearm.  The licensed firearm dealer knew the individual was a medical cannabis patient and denied the sale.  The issue went before the federal appellate court and the court held that the Second Amendment does not protect the patient where cannabis remains a Schedule I controlled substance under federal law.  The Ninth Circuit is not law here in the Third Circuit, but I do not anticipate a holding from out Court of Appeals that would grant Second Amendment rights without a change in federal law.

Unfortunately, federal law does not appear to be on the side of Pennsylvania patients.  A patient who owns firearms and/or possesses a concealed carry permit is unaffected by Pennsylvania state law but can easily run afoul of federal law if making a new firearms purchase.

For more information please contact Patrick K. Nightingale of Cannabis Legal Solutions at Patrick@cannabislegalsolutions.net

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Vinni BelfioreMedical Cannabis and the Second Amendment – What are a patient’s firearms rights?
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