The Second Amendment Foundation (SAF) has filed its opening brief with the Third Circuit in its case challenging the federal ban on gun ownership by medical marijuana users.
Greene v. Bondi is now on appeal before the Third Circuit from a district court opinion dismissing the suit. SAF is joined in the case by two private citizens – Warren County, Pa., District Attorney Robert Greene and James Irey. Greene currently possesses a medical marijuana ID card (MMID) under Pennsylvania law and desires to possess firearms and ammunition. Irey is a disabled veteran who wishes to obtain a MMID to treat his service-related injuries but not forfeit his Second Amendment rights in the process.
“Unlike prescription pain pills, marijuana is federally classified as a Schedule 1 narcotic, even if a state has legalized it for medical purposes,” said SAF Executive Director Adam Kraut. “That poses a dilemma for anyone who legally uses medical marijuana – either give up your Second Amendment rights or receive relief from your symptoms. This is an absurd choice to force someone to make, especially given that anyone taking prescription pain killers, such as oxycodone, are allowed to purchase firearms.”
As the brief explains, “Prohibiting Greene, Irey, and SAF’s similarly situated members from purchasing, possessing, or utilizing firearms and state-authorized medical marijuana is a clear violation of their Second Amendment rights to bear arms, as there is no analogous historical tradition of firearms regulation in the United States.”
“As more and more states legalize the use of medical marijuana, the decision to use cannabis or exercise the right to keep and bear arms is placing an undue burden on citizens,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If a person chooses to legally use medical marijuana it should not automatically translate to surrendering their Second Amendment rights. We look forward to fighting this restriction and vindicating the rights of those who wish to use medical marijuana and exercise their constitutional rights.”
