Your choice in PA: 2A or medical marijuana

[buxbandit]

I'm a lover of pot, prefer it to alcohol 100% of the time.

However I refuse to give up my constitutional rights for it.

[bornin69]

Gov. Wolf today

http://wesa.fm/post/wolf-we-wont-tak...users#stream/0

[bamboomaster]

I'm a lover of pot, prefer it to alcohol 100% of the time.

However I refuse to give up my constitutional rights for it.

No point in surrendering Constitutional rights for any reason...

[RockIsland]

Gov. Wolf today

http://wesa.fm/post/wolf-we-wont-tak...users#stream/0

Well, what the PSP says they will do, and what Wolfie says they will do, seems to be a bit different.

I liked this too:

"According to the governor, the Pennsylvania State Police do not advise that if people receive medical marijuana they get rid of their guns. However, if they have questions about gun ownership and applying for medical marijuana, they should consult with their attorneys."

[PhillySoldier]

Do state police have the right to access and keep a registry on people's medical prescriptions?

https://blog.princelaw.com/2018/01/0...ake-guns-away/

[RockIsland]

http://www.psp.pa.gov/firearms-infor...formation.aspx


Information for Medical Marijuana Cardholders:

It is legal under Pennsylvania law for the holder of a validly issued patient Medical Marijuana Card to possess approved forms of medical marijuana. However, as per the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) 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).

The BATFE’s statement is set forth in its September 21, 2011, Open Letter to all Federal Firearms Licensees, which states in part that “[t]herefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.” Click here for a copy of the Open Letter.

Likewise, the mere possession of a Medical Marijuana Card will give rise to an inference that you are an “unlawful user of or addicted to” a controlled substance, pursuant to 27 C.F.R. § 478.11.

If you are holder of a Medical Marijuana Card, it is important that you know:

• It is unlawful for you to attempt to purchase a firearm under Federal law and you will be denied during your Pennsylvania State Police background check, due to prohibitions under 18 U.S.C. § 922(g)(3).

• It is unlawful under federal law 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 that you consult an attorney if you have any questions about your firearms. Again, this is due to prohibitions under 18 U.S.C. § 922(g)(3).

• It is also unlawful for you to apply for, possess or renew a Pennsylvania License to Carry Firearm (LTC), because you are “[a]n individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.” (see above). The sheriff should not process your application if you truthfully indicate to the sheriff that you are the holder of a Medical Marijuana Card. Additionally, you will be denied during the Pennsylvania State Police background check, which occurs as part of the LTC application or renewal process.

[free]

I'm a lover of pot, prefer it to alcohol 100% of the time.

I figured as much.

[Williamsmith]

https://blog.princelaw.com/2018/01/0...ake-guns-away/

Well, I guess this answers my question in the other thread.....apparently there is some list somewhere that PSP has been sucking up in order to keep guns out of the hands of dope fiends. Where is the due process and judicial review?

[JenniferG]

Lawyer Joshua Prince asks in his post on his website

This obviously begs the question of how this information came into the possession of the PSP, since pursuant to Pennsylvania’s Medical Marijuana Act, 35 P.S. § 10231.101, et seq., and more specifically, 35 P.S. § 10231.302, all patient applicant information is confidential and not subject to disclosure. Furthermore, the implementing regulation relating to the confidentiality provision, 28 Pa. Code § 1141.22, explicitly states that “[t]he name or other personal identifying information of a patient … who applies for or is issued an identification card” is confidential and “will not otherwise be released to a person unless pursuant to court order.” As the application is submitted to the Pennsylvania Department of Health, only the Department of Health should have access to this information, absent a court order.

I submit to our friend Lawyer Johsua Prince that bureaucrats believe themselves to be above any laws and this is a readily apparent case of "we know we're breaking the law but go ahead and sue us to stop us from breaking the law". I'm one that believes medical Maryjane is nothing but a pothead ruse but I'm also opposed to bureaucrats believing they are above the laws and they should be punished and be made an example.

[Williamsmith]

Lawyer Joshua Prince asks in his post on his website



I submit to our friend Lawyer Johsua Prince that bureaucrats believe themselves to be above any laws and this is a readily apparent case of "we know we're breaking the law but go ahead and sue us to stop us from breaking the law". I'm one that believes medical Maryjane is nothing but a pothead ruse but I'm also opposed to bureaucrats believing they are above the laws and they should be punished and be made an example.

JenniferG, do you not know anyone who experiences chronic pain that could benefit from medical marijuana? And do you believe there are some valuable members of society who use marijuana illicitly?

For the record, I agree there is some sector of society participating in a ruse here.