Skip to content
Does a Medical Marijuana Card Prohibit Concealed Weapons Permits?
  • Home
  • Contact
  • Blog
  • Book Now!
  • Virtual Certification Event – Save 50%
  • Why Us?
    • Why Cannabis Care Consultants?
    • Medical Marijuana Card Cost
    • About
  • FAQ
    • FAQ
  • How Medical Cannabis Can Help
  • Service Areas
    • Allentown
    • Bethlehem
    • Erie
    • Harrisburg
    • Lancaster
    • Levittown
    • Philadelphia
    • Pittsburgh
    • Reading
    • Scranton

Does a Medical Marijuana Card Prohibit Concealed Weapons Permits?

October 1, 2021October 5, 2021
Does a Medical Marijuana Card Prohibit Concealed Weapons Permits?

Table of Contents

  • Federal Law Supersedes State Law
  • The Gun Control Act of 1968
  • Pennsylvania’s Legal Grey Area
  • Be Aware of CCL and Possession Conflicts

The answer to this question is very complicated. In short, according to federal law, an individual cannot have a medical marijuana card and concealed carry license (CCL) at the same time. However, disagreements between state and federal law make it possible for individuals in Pennsylvania to hold both.

This is a situation that presents certain complications, as a large percentage of Americans own firearms. In fact, a 2017 Gallup Poll found that around 393 million American citizens have registered firearms. The same poll showed that there are around 120 firearms per every 100 people in the United States.

Pennsylvania offers something of a legal grey area when it comes to holding a medical marijuana card and a concealed carry license. Read on to learn more.

Federal Law Supersedes State Law

The first thing any prospective gun owner and medical cannabis user needs to understand is that there’s an ongoing conflict between state and federal legality. Many states have made it legal to use medicinal marijuana, including Pennsylvania. However, the Federal Government still sees marijuana as a Schedule 1 drug, meaning individuals cannot own a gun and use cannabis at the same time. This applies to people in all states, even those where medicinal marijuana is legal.

The Gun Control Act of 1968

Back in 1968, America enacted the Gun Control Act, which banned the use of firearms from anyone using controlled substances, including marijuana. Signed into law by President Lyndon B. Johnson on October 22, 1968, the Act prohibited a wide range of individuals from purchasing guns. These individuals included fugitives from justice, illegal aliens, those dishonorably discharged from the military and drug users.

In 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released a letter reminding everyone that the Gun Control Act of 1968 was still in effect, despite the fact that several states had recently decriminalized cannabis. This letter simply reiterated the fact that people who use marijuana can’t own a gun, even if they possess a medical marijuana card.

Pennsylvania’s Legal Grey Area

When applying for a CCL, federal background check forms require that Pennsylvania medical marijuana cardholders mark that they are an “unlawful user of or addicted to any controlled substance” when completing the carry permit form. However, this automatically means you’ll be denied a permit.

To protect patient privacy, the Pennsylvania Department of Health does not post patient names to JNET: the background check portal used by law enforcement agencies. In fact, Pennsylvania medical marijuana cards aren’t scanned into any federal databases. That means patients on the medical marijuana card registry won’t appear on a background check for a firearm.

So, while federal law prohibits firearm ownership and concealed carry licensing by anyone using medical marijuana, your status as a cardholder can’t be verified during a background check. It paves the way for individuals to hold both.

There are other loopholes as well. For example, while an individual with a medical marijuana card can’t own a gun, their spouse can.

Be Aware of CCL and Possession Conflicts

So, can you hold a medical marijuana card and CCL at the same time? Yes—but keep in mind that it’s a very grey area. According to a department of health spokesperson:

“In the case that law enforcement needs to verify a patient’s participation in the program, they will rely on the patient’s medical marijuana ID card.“

and

“[while] federal law prohibits anyone [from] purchasing a firearm while using medical marijuana, a patient’s status in the program will not be verified during the background check process through JNET.” 

Since there are so many conflicts, it’s important to stay aware of the laws in Pennsylvania when it comes to medicinal marijuana possession. It’s also important to care for yourself and your wellbeing. If you’re ready to start the application process for your medical marijuana card, contact Cannabis Care Consultants today. We’ll guide you through the process so there’s nothing left up to question.


Tags: Concealed Carry License (CCL), Does a Medical Marijuana Card Prohibit Concealed Weapons Permits?, Medical Card in Pennsylvania
Posted in Medical Card in PennsylvaniaTagged Concealed Carry License (CCL), Does a Medical Marijuana Card Prohibit Concealed Weapons Permits?, Medical Card in Pennsylvania

Post navigation

Previous: Why Doesn’t My Medical Marijuana Work Like It Used To?
Next: Why Get a Medical Marijuana Card?

Recent Posts

  • Opiates Proven Ineffective For Treatment Of Pain August 18, 2023
  • Can you get a medical card for anxiety in Pennsylvania? April 20, 2023
  • Can I Go to a Dispensary Without a Medical Card in Pennsylvania? February 18, 2023
  • How Much is a Medical Marijuana Card in PA? January 25, 2023
  • Companies blanket Pa. with ads about how to get a medical marijuana card, but doctors are silenced May 31, 2022

Categories

  • diabetes (1)
  • marijuana doctor (4)
  • medical cannabis (5)
  • medical card cost (1)
  • Medical Card in Pennsylvania (14)
  • medical marijuana (5)
  • medical marijuana card (2)
  • neuropathic pain (3)
  • neuropathy (2)
  • pain treatment (3)
  • treatment neuropathy (3)
  • Uncategorized (5)

Archives

  • August 2023 (1)
  • April 2023 (1)
  • February 2023 (1)
  • January 2023 (1)
  • May 2022 (1)
  • March 2022 (1)
  • February 2022 (1)
  • January 2022 (1)
  • October 2021 (2)
  • June 2021 (1)
  • March 2021 (1)
  • December 2020 (3)
  • November 2020 (2)

Recent Comments

    Tags

    #anxiety #anxietydisorder #diabetes #marijuana #medicalcannabis #medicalcard #medicalmarijuanacard #naturaltreatmentanxiety Are PA Dispensaries Cash Only Benefits of Medical Marijuana Card Can I Go to a Dispensary Before My Card Arrives Can I Go to a Dispensary Without a Medical Card in Pennsylvania Cannabis Care Consultants Card cheapest mmj card renewal pa Concealed Carry License (CCL) Dispensary Does a Medical Marijuana Card Prohibit Concealed Weapons Permits? How Can Medical Marijuana Help How Do I Get a Medical Card PA how much is a medical card in PA is medical marijuana safe Medical Card Medical Card in Pennsylvania medical card renewal cost Medical Marijuana medical marijuana and medication Medical Marijuana Card medical marijuana card cost Medical Marijuana Help What Happens When You Get a Medical Card? Why Doesn’t My Medical Marijuana Work Like It Used To Why Get a Medical Marijuana Card? will marijuana interfere with my medications Wondering about Medical Marijuana

    Back to all posts

    Be the first to know about our discounted events and other useful information. Follow us on            

    Copyright © 2020 Cannabis Care Consultants | Privacy Policy | Terms & Conditions | Website Design by Adapta Interactive