Pennsylvania Firearm Owners Association
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  1. #1
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    Default Medical Marijuana Card Holders

    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.

  2. #2
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    Default Re: Medical Marijuana Card Holders

    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.

  3. #3
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    Default Re: Medical Marijuana Card Holders

    Always with the pot threads.
    Crusader's local #556 South Central Asia chapter

  4. #4
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    Default Re: Medical Marijuana Card Holders

    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.

  5. #5
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    Default Re: Medical Marijuana Card Holders

    Quote Originally Posted by chinaboy View Post
    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.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  6. #6
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    Default Re: Medical Marijuana Card Holders

    Some information here around the 2:20 mark.


  7. #7
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    Default Re: Medical Marijuana Card Holders

    I call bullshit on the Glock-bong. If you*re right handed and you homeboy that sideways, it flushes the bowl.
    Crusader's local #556 South Central Asia chapter

  8. #8
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    Default Re: Medical Marijuana Card Holders

    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.
    Last edited by Mosinshooter762; April 23rd, 2023 at 05:55 PM.

  9. #9
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    Default Re: Medical Marijuana Card Holders

    Quote Originally Posted by JaySmith View Post
    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...

    Quote Originally Posted by knight0334 View Post
    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.'

  10. #10
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    Default Re: Medical Marijuana Card Holders

    Quote Originally Posted by esh21167 View Post
    [/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.

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