Pennsylvania gun-owners who are also potential medical marijuana patients may have to make a choice to give up their firearms in order to get medical marijuana.
KDKA reports the issue is one of state vs. federal law.
The Pennsylvania State Police website, citing federal law, tells medical marijuana card holders, “It is unlawful for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a medical marijuana card, and we recommend you consult an attorney if you have any questions about your firearms.”
“It disturbs me greatly to see the Pennsylvania State Police put on their website references to federal law while ignoring the fact that it is legal under Pennsylvania law,” says Patrick Nightingale of Greenfield.
Nightingale is a gun owner, a criminal defense attorney, and a recent applicant for a medical marijuana card.
As of Monday, the State Police website does address the issue saying, "...state legalization of medical marijuana is not recognized by the federal government;, and possession of a valid Medical Marijuana Card and/or the use of medical marijuana defines you an “unlawful user of or addicted to any controlled substance”; and, therefore, prohibited by Federal law from the purchase or acquisition, possession or control of a firearm pursuant to 18 U.S.C. § 922(g)(3), and 27 C.F.R. § 478.32(a)(3)."
So now the debate is, will federal law be enforced over state law by state law enforcement officials?
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