Medical Marijuana Card Holders

[chinaboy]

I'm confused and have been reading old threads but cannot find any definitive answers. Has anyone actually been denied a License to carry permit due to the Medical MJ card? Has anyone actually been denied buying a pistol or long gun due to their card? I can't see this happening as a MJ card would be your health related information which is legally not allowed to be shared by anyone but you. Let me know what you know or if there are any threads with definitive answers. Thanks all.

[chinaboy]

https://www.psp.pa.gov/firearms-info...formation.aspx

This actually looks like they will deny a LTCF permit if you have a card.

I just called the PA website for MJ card and they confirmed this. Sorry for the post above as I just answered my own question.

[cdi]

Always with the pot threads.

[JaySmith]

While it's legalized for recreational or medical uses on a state by state basis, it remains federally illegal. The 4473 is a federal form, so when it asks if you are an unlawful user, using marijuana medically ticks that box. Ticking no is technically lying on a 4473, which is also not good.

Also, health related information is shared all the time across all sorts of different groups, there's no expectation that this information won't be shared far and wide.

[knight0334]

I'm confused and have been reading old threads but cannot find any definitive answers. Has anyone actually been denied a License to carry permit due to the Medical MJ card? Has anyone actually been denied buying a pistol or long gun due to their card? I can't see this happening as a MJ card would be your health related information which is legally not allowed to be shared by anyone but you. Let me know what you know or if there are any threads with definitive answers. Thanks all.

The MJ card is a government issued device, and there is a database of who has them which can be accessed by law enforcement to prove validity. They are not strictly protected by HIPAA.

Also, expand the section called "Information for Medical Marijuana Cardholders" on the PA State Police website.
https://www.psp.pa.gov/firearms-info...formation.aspx

You cannot get a LTCF as a MJ card holder.

[JaySmith]

Some information here around the 2:20 mark.

[cdi]

I call bullshit on the Glock-bong. If you*re right handed and you homeboy that sideways, it flushes the bowl.

[Mosinshooter762]

Let me begin by warning that you will be scrutinized if you attempt to get both cards (medical marijuana and LTCF) and so if you actually plan to use marijuana then this may become a criminal matter. Now on to my pet peeve about this.

I do not use marijuana or have a state issued card to use such but someone should challenge this. This involves a constitutional right and various criminal statutes so the law should be strictly construed. Federal law does not make it illegal for those with state issued plastic cards from being involved in firearms. Rather, federal law prohibits those who are unlawful users or addicted to controlled substances from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition; or from receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. It is also illegal to lie to an FFL about ones eligibility to receive a firearm (such as on Form 4473 where one is asked whether one is an unlawful user or addicted to a controlled substance). Pennsylvania also uses the unlawful user or addicted to controlled substance criteria and federal firearms law statutory disability criteria as reasons for denial for LTCF issuance.

The government would not likely be able to prove in court that one is actually an unlawful user or addicted to a controlled substance based on possession of such a plastic card alone. While the burden of proof would be lower in a License To Carry denial appeal, the government would seem to have the same problem if all they had was evidence that one had such a plastic card.

[esh21167]

While it's legalized for recreational or medical uses on a state by state basis, it remains federally illegal. The 4473 is a federal form, so when it asks if you are an unlawful user, using marijuana medically ticks that box. Ticking no is technically lying on a 4473, which is also not good.

Also, health related information is shared all the time across all sorts of different groups, there's no expectation that this information won't be shared far and wide.

Unless your initials are Hunter Biden...

The MJ card is a government issued device, and there is a database of who has them which can be accessed by law enforcement to prove validity. They are not strictly protected by HIPAA.

Also, expand the section called "Information for Medical Marijuana Cardholders" on the PA State Police website.
https://www.psp.pa.gov/firearms-info...formation.aspx

You cannot get a LTCF as a MJ card holder.

As I understand it, HIPAA only applies to medical professionals. People think they are protected from employers and other entities by HIPAA. I would not divulge confidential health info to an employer. They have an ethical responsibility, but no legal responsibility, to keep that information confidential.

That's why doctors write medical excuses/notes with wording like 'Joe was under my care.'

[DK23]

[/B]
Unless your initials are Hunter Biden...



As I understand it, HIPAA only applies to medical professionals. People think they are protected from employers and other entities by HIPAA. I would not divulge confidential health info to an employer. They have an ethical responsibility, but no legal responsibility, to keep that information confidential.

That's why doctors write medical excuses/notes with wording like 'Joe was under my care.'

Technically medical records could be considered Personal Identifiable Information (PII) which companies may have a legal requirement to keep confidential.