Pennsylvania District Attorney Suing To Allow Medical Marijuana Users Firearms Access

Every November, swarms of hunters prepare to head out into the Pennsylvania wilderness in anticipation of deer season, however, some may unexpectedly find themselves on the wrong side of the law if they also possess a medical marijuana card. While shooters have long advocated for sobriety while handling firearms, similar to driving, some disagree with the law, saying that the mere permission to purchase marijuana for medical purposes should not preclude them from exercising their Constitutional right. 

Warren County’s top law enforcement officer and District Attorney, Rob Greene, who is one of more than 400,000 Pennsylvanians to have a medical marijuana card, is trying to change that law.

“It’s wrong, absolutely wrong,” Greene said.

Under federal law, Greene and others in his position are not permitted to buy or own a gun, nor can they receive a concealed carry permit. Gun buyers across the country must fill out form 4473 when making a firearm purchase accompanied by a background check, asking if they have a card.

“If you have a medical marijuana card, you’re filling out the form, and you answer no to that question, you’re committing a felony,” says Greg Ionadi, owner of Smoke ‘n Guns in Oakmont.

“I would end up like Hunter Biden,” says Greene, recognizing that it is the same law that led to Hunter Biden’s conviction on felony charges for purchasing a firearm while an active cocaine user.

Greene has filed suit against Attorney General Merrick Garland, FBI Director Christopher Wray and Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach, in Pittsburgh federal court, claiming the law has deprived him of his Second Amendment rights.

When asked what it’s like for a prosecutor to sue the nation’s top law enforcement officials, Greene simply responded, “God bless America. Isn’t it great?”

The federal government sanctimoniously refers to the lawsuit as “meritless” in court paperwork, a seemingly auto-response to any challenge to the supremacy of the Death Star. Citing a previous court ruling that says, “There is no constitutional problem with separating guns and drugs,” the government has filed a motion to dismiss the suit. Not so fast. There is also a law that predates this one, saying that it is unconstitutional to separate citizens from their right to bear arms in the first place, right? Why is that one always overlooked?

“Even if they know that they’re not allowed to buy a new firearm, they may not realize that they’re also legally not allowed to possess the firearms that they currently have,” says Jonathan Stark, owner of Legion Arms in West Mifflin.

The state health department does not ask marijuana card applicants about firearm ownership, nor does the agency turn over lists of cardholders to state police or any federal agency.

“The Medical Marijuana Act and Department of Health regulations provide protections against the disclosure of confidential patient data, including a person’s participation in the medical marijuana program. The DOH does not disclose confidential patient data to a third party unless there is a court order,” according to DOH spokesperson, Neil Ruhland.

“When you go to get a medical marijuana card, they should ask you, do you have guns? Do you plan on getting a gun? Because if getting that card means you can’t get a gun later, that could be very frustrating for someone,” says David Abt of Pittsburgh, who thinks the state should be more transparent.

Kevin Kraus, sheriff of Allegheny County, says the law also prevents cardholders from obtaining a concealed carry permit, but the language is somewhat confusing as the form asks if applicants are an “unlawful user of marijuana.”

“There are no questions about medical marijuana. There are questions about unlawful use of marijuana… I think there is some confusion,” Kraus says.

Meanwhile, Greene has all but lost his guns in a proverbial boating accident, instead transferring them to his wife and making a statement that sounds eerily like a district attorney well aware of government retaliation against anyone who questions its authority.

“I own no guns now. My wife owns lots of guns, but I don’t own any guns. All my guns were transferred to her, and they’re not in my home for the feds that might be listening,” Greene said.

Is it just me, or does it seem to anyone else that most of the realized function of today’s government exists only to criminalize citizens in every way possible and to lord over them with an iron fist? I can’t imagine what we would do with all the wasted time and tax dollars if the government instead put it to use for purposes that actually benefit the citizens they claim to represent.