Medical Marijuana Patient Sues Trump Administration Over Ban On Gun Ownership

Gun Rights

A medical marijuana prescriber and patient is challenging President Donald Trump’s administration over a federal statute barring cannabis users from purchasing or owning firearms, even when they take the drug legally pursuant to state law. In April, Philadelphia-based doctor Matthew Roman went to a local gun store with plans to buy a revolver for self-defense. Pennsylvania is one of more than 30 states that have legalized marijuana for medicinal use, and Roman is licensed to prescribe cannabis to qualifying patients in his state. He also has a card that allows him to use the plant to treat symptoms of post-traumatic stress disorder. Although Roman has “no other record of violence, criminal activity, or mental disorder,” according to the suit, when he went to purchase the handgun, a clerk informed him that his status as a medical marijuana patient meant he could not legally obtain a firearm. Under the 1968 Gun Control Act, any “unlawful” user of a controlled substance is also prohibited from purchasing or owning a gun. Federally licensed gun dealers must ask prospective customers about their drug use habits before approving a purchase. And because marijuana remains a Schedule I substance under federal law, the U.S. government maintains there is no way to use cannabis lawfully. In 2016, a federal appeals court ruled that this prohibition did not violate the Second Amendment rights of a Nevada medical marijuana patient who was turned down by a gun store after trying to buy a firearm in 2011. Roman’s suit, […]

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