Medical Marijuana and Firearms

Federal law prohibits firearm possession by individuals who use illegal drugs, a provision that has come under increased scrutiny as more states legalize medicinal and recreational marijuana. This has led to several recent court cases concerning marijuana and firearms.

In a previous report, a three-judge panel of the 11th Circuit Court of Appeals determined that medical marijuana users may retain their Second Amendment rights, noting an absence of evidence indicating that marijuana use alone increases dangerousness. Recently, the 10th Circuit Court of Appeals found that the federal law conflicted with the Second Amendment, although it referred the case back to the district court for further proceedings.

Another relevant case is scheduled before the Philadelphia-based 3rd Circuit Court of Appeals. In Greene v. Bondi, the Second Amendment Foundation (SAF) submitted its opening brief challenging the federal prohibition on gun ownership for medical marijuana users.

The SAF's case includes two private citizens: Warren County, Pa., District Attorney Robert Greene, who holds a Pennsylvania-issued medical marijuana ID card and wishes to possess firearms and ammunition; and James Irey, a disabled veteran seeking a medical marijuana ID to manage service-related injuries but concerned about losing his Second Amendment rights.

According to an SAF news release, Executive Director Adam Kraut stated that marijuana is federally classified as a Schedule 1 narcotic, regardless of state-level legalization for medical purposes. Kraut described the situation facing medical marijuana users as a choice between accessing treatment and exercising Second Amendment rights, contrasting this with regulations allowing prescription painkiller users to purchase firearms.

A Delaware court recently invalidated the state’s 2022 law banning firearm possession.

The SAF brief asserts: “Prohibiting Greene, Irey, and similarly situated SAF members from purchasing, possessing, or using firearms and state-authorized medical marijuana constitutes a violation of the Second Amendment, as there is no analogous historical tradition of such firearms regulation in the United States.”

The plaintiffs are seeking the repeal of the law so that individuals legally using medical marijuana can also exercise their Second Amendment rights.

The brief concludes by requesting that the Third Circuit consider the matter en banc, apply the categorical approach to Second Amendment challenges to § 922(g), reverse the district court’s judgment, and find the challenged laws unconstitutional, either facially or as applied to the plaintiffs.

Alan M. Gottlieb, SAF founder and executive vice president, observed that as additional states legalize medical marijuana, the interplay between cannabis use and firearm rights creates added complexity for residents. Gottlieb stated that legal use of medical marijuana should not automatically result in the loss of Second Amendment rights, and indicated SAF’s intent to contest these restrictions in court.