Pennsylvania district attorney suing to allow medical marijuana users to buy, own guns

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    WARREN, Pennsylvania (WTAE) — In late November, hundreds of thousands of hunters will head into the Pennsylvania woods for the start of rifle deer season.

However, some hunters may not be aware that if they have a medical marijuana card, they are breaking the law.

Action News Investigates has learned Warren County District Attorney Rob Greene is trying to change that law.

Greene – the county’s top law enforcement officer – has a medical marijuana card. Under federal law, that means he cannot buy or own a gun. Nor is he allowed to get a concealed carry permit.

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

Greene is one of more than 400,000 Pennsylvanians who have a medical marijuana card.

Gun buyers are required to complete a federal 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,” Greg Ionadi, owner of Smoke ‘n Guns in Oakmont said

It’s the same law that led to Hunter Biden’s conviction on felony charges for buying a gun while he was using cocaine.

Greene said if he bought a gun, “I would end up like Hunter Biden.”

That prompted him to file suit in Pittsburgh federal court, saying the law was depriving him of his Second Amendment rights.

The lawsuit was filed against Attorney General Merrick Garland, FBI Director Christopher Wray, and Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach.

Action News Investigates asked Greene what it’s like for a prosecutor to be suing the nation’s top law enforcement officials.

“God bless America. Isn’t it great?” Greene said.

In court papers, the federal government calls the lawsuit “meritless” and cites a previous court ruling that said, “There is no constitutional problem with separating guns and drugs.” The government has filed a motion to dismiss the suit.

Gun experts said many gun owners and medical marijuana users are not aware of the law.

Jonathan Stark, owner of Legion Arms in West Mifflin, said more than half of all marijuana card holders may own a gun.

“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,” Stark said.

Yet the state health department does not ask people applying for marijuana cards if they own a gun. Action News Investigates learned the agency does not turn over its list of marijuana cardholders to state police or any federal agency for background checks.

“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,” DOH spokesperson Neil Ruhland said.

Gun owner David Abt of Pittsburgh is not a marijuana user, but he said the state should be more transparent.

“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,” Abt said.

Allegheny County Sheriff Kevin Kraus said the law also prevents cardholders from getting a concealed carry permit.

But the law can be confusing.

The state carry permit form asks applicants if they are an “unlawful user of marijuana.” Unlike the federal background check form, the state form does not say medical marijuana is considered unlawful.

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

State Sen. Dan Laughlin, R-Erie, has filed legislation that would allow medical marijuana users to get carry permits.

“What we’re trying to do here is simply have folks that already own guns, that have a medical card still be able to get a concealed carry permit,” Laughlin said.

He said the federal government should not label marijuana with the same stigma as other drugs like cocaine or heroin.

“It seems pretty silly, doesn’t it?” Laughlin said.

Not to advocates who point out that newer forms of marijuana have very high levels of THC, the substance that makes you intoxicated.

A 2019 study published in the Lancet found frequent marijuana users are nearly five times more likely to develop psychosis.

“That’s a really scary statistic and one that I think the public should be more aware of and one that legislators should keep in the back of their minds as they consider this issue of medical marijuana users having access to firearms,” Jordan Davidson of Smart Approaches to Marijuana said.

Greene said he questions studies linking marijuana to psychosis. Still, he said he would follow the law.

“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.

After nearly 12 years as a prosecutor, Greene said he plans to retire next year.

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