The Second Amendment Foundation (SAF) has filed its opening brief in the Third Circuit Court of Appeals, pressing forward in its challenge to the federal prohibition on firearm ownership for medical marijuana patients. The case, Greene v. Bondi, stems from a lower court ruling dismissing the suit.
SAF is joined in the appeal by Warren County, Pennsylvania, District Attorney Robert Greene and disabled veteran James Irey. Greene holds a medical marijuana identification card under state law but is barred from possessing firearms or ammunition under federal rules. Irey, meanwhile, wishes to obtain a medical marijuana card to manage his service-related injuries without losing his ability to legally own guns.
“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.”
In its filing, SAF argues that barring individuals like Greene and Irey from exercising both rights simultaneously is unconstitutional. The brief contends there is “no analogous historical tradition of firearms regulation in the United States” to justify stripping medical marijuana patients of their Second Amendment protections.
SAF founder and Executive Vice President Alan M. Gottlieb said the conflict between state marijuana laws and federal firearm restrictions is placing a heavy burden on law-abiding citizens. “If a person chooses to legally use medical marijuana it should not automatically translate to surrendering their Second Amendment rights,” Gottlieb said. “We look forward to fighting this restriction and vindicating the rights of those who wish to use medical marijuana and exercise their constitutional rights.”
The case is expected to be closely watched as more states continue to legalize medical marijuana, heightening the clash between state-level reforms and federal firearm laws.
