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A Republican senator in Pennsylvania has formally introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms<\/a> after previewing the legislation and soliciting co-sponsors earlier this year.<\/p>\n Sen. Dan Laughlin (R) introduced SB 1146 on Wednesday, which state Senate Republicans noted in a press release was also 2A Day, celebrating the Constitution\u2019s Second Amendment.<\/p>\n The GOP statement called the proposal \u201ca bold step toward ensuring the rights of all citizens,\u201d saying it \u201cacknowledges the importance of the right to bear arms, a fundamental aspect of American freedom.\u201d<\/p>\n \u201cMy legislation will make sure a valid medical marijuana cardholder is no longer considered an unlawful marijuana user,\u201d Laughlin said in the release<\/a>. \u201cAlthough marijuana remains illegal under federal law, we should be updating Pennsylvania\u2019s laws to ensure valid medical marijuana cardholders are not denied their rights.\u201d<\/p>\n The two-page bill would amend the Pennsylvania\u2019s Uniform Firearms Act, which currently says a concealed carry license \u201cshall not be issued\u201d to someone who \u201cis addicted to or is an unlawful user of marijuana.\u201d SB 1146<\/a> would add that \u201cthe term \u2018unlawful user of marijuana\u2019 does not include an individual who holds a valid identification card\u201d under the state\u2019s medical marijuana act.<\/p>\n It would also add a qualifier to a provision barring carry permits for an \u201cindividual who is prohibited from possessing or acquiring a firearm under the statutes of the United States,\u201d asserting that the restriction \u201cshall not apply\u201d to someone prohibited from gun ownership \u201cbased solely on the individual\u2019s status as a holder of a valid identification card\u201d for medical marijuana.<\/p>\n The changes would take effect 60 days after becoming law.<\/p>\n In February, Laughlin circulated a co-sponsorship memo previewing the measure, noting that while the state\u2019s 2016 medical marijuana law allows patients to \u201cLEGALLY treat specific medical conditions with marijuana,\u201d other state mechanisms\u2014including the issuance of licenses to carry firearms\u2014still treat cannabis as unlawful.<\/p>\n \u201cA valid medical marijuana cardholder should NOT be considered an unlawful user and denied their rights,\u201d Laughlin\u2019s memo said. \u201cAlthough marijuana remains illegal under federal law, we should be updating Pennsylvania\u2019s laws to ensure valid medical marijuana cardholders are not denied their rights.\u201d<\/p>\n Laughlin had been looking at the issue for more than a year, writing last February to the state\u2019s acting police commissioner<\/a> to \u201cstrongly encourage\u201d he review a federal ruling that the U.S. government\u2019s ban on gun ownership by people who use marijuana is unconstitutional<\/a>.<\/p>\n Separately in Pennsylvania, plaintiffs in a federal lawsuit over the Second Amendment rights of medical marijuana cardholders\u2014including a local prosecutor who is himself a cannabis patient\u2014filed a fresh brief in their case last month<\/a>, arguing that the \u201cdeprivation of Second Amendment rights for merely using a medicinal substance has no basis in this nation\u2019s history or tradition and is unconstitutional, full stop.\u201d<\/p>\n The underlying suit was\u00a0filed in January by Pennsylvania\u2019s Warren County District Attorney Robert Greene, along with advocacy group the Second Amendment Foundation and a U.S. military veteran who was recommended medical marijuana but has not registered as a patient because it would deny him the right to possess a firearm.<\/p>\n The filing\u00a0quotes a federal appeals court ruling that opined, \u201cThroughout American history, laws have regulated the combination of guns and intoxicating substances. But at no point in the 18th or 19th century did the government disarm individuals who uses drugs or alcohol at one time from possessing guns at another.\u201d<\/p>\n Supreme Court justices are expected to decide soon whether they will hear a federal government appeal of a circuit court ruling that found the firearm restriction violates the Second Amendment.<\/p>\n That ruling came from the U.S. Court of Appeals for the Fifth Circuit,\u00a0which examined the federal statute known as Section 922(g)(3)<\/a>\u00a0that prevents someone who is an \u201cunlawful user\u201d of an illegal drug from buying or possessing firearms. The circuit court found the policy unconstitutional as applied to a man who faced a conviction after admitting to having used cannabis while in possession of a gun.<\/p>\n The tension around gun rights for medical cannabis patients comes as Pennsylvania officials are increasingly considering broader adult-use marijuana legalization.<\/p>\n A legislative subcommittee last week held yet another hearing on marijuana legalization<\/a> as the governor steps up his push to end cannabis prohibition. The hearing came just days after Rep. Amen Brown (D) filed the marijuana legalization bill, which he described as \u201cgrounded in safety and social equity.\u201d<\/a><\/p>\n The panel has held hearings several times recently to discuss cannabis issues. At a prior meeting last month, members focused on criminal justice implications of prohibition and the potential benefits of reform<\/a>.<\/p>\n \u2014 At another hearing in February, members looked at the industry perspective<\/a>, with multiple stakeholders from cannabis growing, dispensing and testing businesses, as well as clinical registrants, testifying.<\/p>\n At the subcommittee\u2019s previous cannabis meeting in December, members\u00a0heard testimony and asked questions about\u00a0various elements of marijuana oversight<\/a>, including promoting social equity and business opportunities, laboratory testing and public versus private operation of a state-legal cannabis industry.<\/p>\n During the panel\u2019s first meeting late last year, Frankel said that state-run stores are \u201ccertainly an option\u201d he\u2019s considering for Pennsylvania, similar to what New Hampshire Gov. Chris Sununu (R) recommended for that state last year<\/a>, though a state commission later\u00a0shied away from that plan<\/a>.<\/p>\n The cannabis proposal the Brown filed in the House this week is an identical companion to a bipartisan Senate cannabis legalization measure<\/a> that was introduced last year.<\/p>\n While Pennsylvania lawmakers have put forward legalization bills in the past, it\u2019s not clear what might serve as the vehicle for reform this year.<\/p>\n Gov. Josh Shapiro (D)\u00a0once again proposed legalization as part of his budget request<\/a>\u00a0in February, seeking to establish a system that would be implemented starting this summer. But while he suggested certain parameters such as having the Department of Agriculture regulate the program, there\u2019s not legislative text yet.<\/p>\n Last month, the Independent Fiscal Office (IFO) released a report that found\u00a0the state stands to generate $271 million in annual revenue if marijuana is legalized<\/a>\u00a0and taxed according to the governor\u2019s proposal\u2014but it would have been more if the commonwealth hadn\u2019t been lapped by other neighboring states that have already enacted the reform.<\/p>\n Meanwhile, House Appropriations Committee Chairman Jordan Harris (D) said in a recent interview that it\u2019s \u201chigh time\u201d to\u00a0legalize marijuana and lay the groundwork for businesses in the state to export cannabis to other markets<\/a>\u00a0if federal law changes\u2014and he sees a \u201creal opportunity\u201d to do so.<\/p>\n However, the committee\u2019s minority chairman, Rep. Seth Grove (R), said he\u2019s doubtful that the Democratic-controlled House will be able to craft and deliver legalization legislation that could advance through the GOP majority Senate.<\/p>\n Pennsylvania lawmakers also recently advanced a pair of bills meant to\u00a0prevent police from charging medical cannabis patients with impaired driving<\/a>\u00a0without proof of intoxication.<\/p>\n In December, the governor signed a bill to allow all licensed medical marijuana grower-processors in the state to\u00a0serve as retailers and sell their cannabis products directly to patients<\/a>. Independent dispensaries could also start cultivating their own marijuana.<\/p>\n Americans Use Marijuana At Nearly The Same Rate In Legal And Non-Legal States, Suggesting Criminalization Doesn\u2019t \u2018Curtail\u2019 Consumption, Gallup Poll Finds<\/a><\/p>\n<\/blockquote>\n\n The post Pennsylvania GOP Senator\u2019s Bill Would Let Medical Marijuana Patients Get Gun Carry Permits<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A Republican senator in Pennsylvania has formally introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms after previewing the legislation and soliciting co-sponsors earlier this year. Sen. Dan Laughlin (R) introduced SB 1146 on Wednesday, which state Senate Republicans noted in a press release wasContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":74409,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74408"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=74408"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74408\/revisions"}],"predecessor-version":[{"id":74410,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74408\/revisions\/74410"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/74409"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=74408"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=74408"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=74408"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nRead More: Pennsylvania GOP Senator\u2019s Bill Would Let Medical Marijuana Patients Get Gun Carry Permits<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"