Pennsylvania Firearm Owners Association
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  1. #1
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    Default Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an LTCF?

    Good day all, and thanks in advance for any [ideally accurately informed] helpful responses.
    As stated in the thread title, I have a question. Actually two questions.

    Q1: Does the possession of a PA Medical Marijuana card prevent one from obtaining or renewing an LTCF?

    Q2: Which state agencies would be the best to contact to have this question answered definitively, in the event [Q1] can't be answered in our fine community here?

    -----

    Hope all had a pleasant Easter and continue in good health amidst the COVID-19 situation.

    QueechoFeecho

  2. #2
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    We have the answer, it's been discussed many times, it's a federal disqualifier.
    Red is grey and yellow white, But we decide which is right, And which is an illusion.

  3. #3
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Quote Originally Posted by Walleye Hunter View Post
    We have the answer, it's been discussed many times, it's a federal disqualifier.
    For firearms purchase. (Maybe ownership??)

    But there are reasons to have a LTCF other then a firearm. The courts have ruled it covers other weapons.
    "Cives Arma Ferant"

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  4. #4
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Quote Originally Posted by Walleye Hunter View Post
    We have the answer, it's been discussed many times, it's a federal disqualifier.
    My apologies. I scanned both the Concealed Carry and the PA Legal & Politics sub-forums and read through every thread with a title that sounded germane to my question, and none of them actually contained the answer.

    I understand that marijuana remains illegal at the federal level due to its continued placement on the list of Schedule 1 substances (which is ridiculous, in my opinion), but didn't know if that had necessarily manifested clearly into Pennsylvania law covering the licensing or renewal of said licensing.

    Aha, I found the word for the specific 'reason for denial' that would apply:
    "6. an individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug; "
    I guess possession of the PA Medical MJ card would be deemed proof enough that the card bearer is a user of MJ, which is illegal at the federal level, and therefore justifies denial under that reason, as worded therein.

    Well, that is unfortunate for those with the list of legitimate medical conditions who may get relief from some of the miserable symptoms they have.

  5. #5
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Quote Originally Posted by QueechoFeecho View Post
    My apologies. I scanned both the Concealed Carry and the PA Legal & Politics sub-forums and read through every thread with a title that sounded germane to my question, and none of them actually contained the answer.

    I understand that marijuana remains illegal at the federal level due to its continued placement on the list of Schedule 1 substances (which is ridiculous, in my opinion), but didn't know if that had necessarily manifested clearly into Pennsylvania law covering the licensing or renewal of said licensing.

    Aha, I found the word for the specific 'reason for denial' that would apply:
    "6. an individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug; "
    I guess possession of the PA Medical MJ card would be deemed proof enough that the card bearer is a user of MJ, which is illegal at the federal level, and therefore justifies denial under that reason, as worded therein.

    Well, that is unfortunate for those with the list of legitimate medical conditions who may get relief from some of the miserable symptoms they have.
    I agree with you.
    Red is grey and yellow white, But we decide which is right, And which is an illusion.

  6. #6
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Guys

    Would the use of CBD without the THCs give you the same relief?

  7. #7
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    This is from the PA state police website: (https://www.psp.pa.gov/firearms-info...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), the possession of medical marijuana remains a violation of federal law, and possession of a valid Medical Marijuana Card and/or the use of medical marijuana makes you an “unlawful user of or addicted to any controlled substance” who is 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 position 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.Opens In A New Window *** 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.

    Therefore, 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.” (Pennsylvania Consolidated Statutes Chapter 18, Section 6109(e)(1)(xiv).

    .
    Last edited by soberbyker; April 14th, 2020 at 04:32 PM.

  8. #8
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Quote Originally Posted by QueechoFeecho View Post
    Good day all, and thanks in advance for any [ideally accurately informed] helpful responses.
    As stated in the thread title, I have a question. Actually two questions.
    Q1: Does the possession of a PA Medical Marijuana card prevent one from obtaining or renewing an LTCF?

    A1: Most likely.

    Q2: Which state agencies would be the best to contact to have this question answered definitively, in the event [Q1] can't be answered in our fine community here?

    A2: Which ever one's you want to come to your house to take all your guns away.


    When dealing with .gov, most times it's best to mirror the military's last policy on homosexuals.

  9. #9
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Quote Originally Posted by PAMedic=F|A= View Post
    The courts have ruled it covers other weapons.
    Citation please.
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  10. #10
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    Default Re: Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an L

    Yes. Potheads are excluded from obtaining an LTCF. Smoke your weed and be happy. That's what it's for. Hell, I'm surprised the miracle drug doesn't cure China virus.
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