Are PA Medical Marijuana Patients Prohibited From Possessing and Purchasing Firearms and Ammunition?

Last week, Pennsylvania Governor Tom Wolf announced that the Medical Marijuana Program Patient Registry had reached 3,800 registered patients in its first week of registration. While individuals may be able to lawfully possess marijuana in Pennsylvania under Pennsylvania law if the person is registered on the Patient Registry and has been approved for use by a qualified doctor, Federal law still provides that the possession and/or use of marijuana is unlawful, as a Schedule 1 drug.

Although we have written extensively about the fact that marijuana is federally prohibited and that ATF revised the ATF 4473 form to reflect such, few individuals appear aware that they lose their right to keep and bear arms if they are a current user of marijuana, even if approved for use by a qualified doctor. (As many people are confused, a doctor cannot prescribe marijuana, due to Federal law, but can suggest to a patient that he/she utilize marijuana).

On the most recent version of the ATF 4473, it reflects under question 11e.:

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.

As a result, more than 3,800 residents of Pennsylvania have presumptively become prohibited under Federal law from possession and purchasing firearms and ammunition.

Moreover, individuals who live in households where a registered medical marijuana patient resides, need to consider the potential ramifications of their own rights to keep and bear arms.

If you are concerned about whether you have lost your right to keep and bear arms as a result of Pennsylvania’s medical marijuana program or your residing in a residence with a medical marijuana user,  contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.



Filed under ATF, Firearms Law, Pennsylvania Firearms Law

4 responses to “Are PA Medical Marijuana Patients Prohibited From Possessing and Purchasing Firearms and Ammunition?

  1. Pingback: Maryland State Police Revise Handgun Purchase Form to Authorize Release of Medical Marijuana Records | Your Civil Rights Law Firm

  2. Jeff Logan

    Your information is not 100% correct. Please review Section 2103 PA Act 16.
    All rights are retained by those registered in the MMJ Program in PA.
    We may not purchase new firearms, those we have are covered under PA Constitution Article 1 Section 21 and Section 2103 of Act 16
    As The program emulates the ABC-MAP Act (for monitoring prescriptions (We are a seed to sale tracked program)), 2014 Act 191, under Section 9, only the Attorney Generals Office may access the patient information on behalf of law enforcement, LE may not have direct access, and it has since been rescinded. Access may only be granted under certain circumstances.


    • Jeff, unfortunately, you are incorrect. Federal law, pursuant to the supremacy clause, is the supreme law of the land. Pursuant to 18 U.S.C. 922(g)(3), any individual who “is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))” is prohibited from purchasing and possessing firearms and ammunition. It is immaterial that Pennsylvania enacted a medical marijuana act.


  3. What about individuals who drink aclcohal or take prescribed pain medicine
    Which are narcotics, are they too then not able to possess or purchase firearms? It is the same thing if not less than marijuana. Liberals have been trying to take away our arms for years. Is this law their way to attempt to do this?


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