As legal cannabis and its use continue to become more prominent and accepted parts of American life, we’re still collectively navigating a slew of challenges often related to the former policies and attitudes surrounding cannabis.
One of the most prominent examples, and one that has gradually gained attention and seen various challenges among cannabis users and gun rights advocates in recent years, is the federal law that prohibits medical cannabis users from possessing or buying firearms or ammunition—even if state law allows for its legal use.
Essentially, federal law deems that anyone using cannabis is an “unlawful user” of a controlled substance. Even if states have laws to the contrary, owning a firearm and using cannabis is still considered unlawful under federal law.
Pennsylvania has had legal medical cannabis since 2016, though its Uniform Firearms Act deems that medical patients cannot lawfully own firearms.
This disconnect can be especially taxing for veterans in the state, who typically own firearms and also may look toward medical cannabis for help with lingering pain, post-traumatic stress disorder (PTSD) and other conditions that tend to impact veterans (and that medical cannabis may work to treat).
According to the American Journal of Preventative Medicine, veterans are more likely to own a firearm, while the National Center for PTSD recognizes that vets are also more likely to suffer from PTSD. Cannabis has also been embraced as a potential solution to help ease PTSD, especially among the veteran population.
In a Post-Gazette report taking a closer look at the issue, veteran James Irey was one of those who had to choose between treating his chronic pain or giving up his constitutional right to own a firearm. Irey previously served in the Army and suffered an array of injuries including broken bones, torn ligaments and a neck injury while deployed in Kosovo.
Upon his honorable discharge, Irey was in such severe pain that the U.S. Department of Veterans Affairs (VA) deemed him 100% disabled. When he tried to obtain a medical cannabis license for relief, he was told that he could only access medical cannabis products if he gave up his personal firearms and ammunition.
Irey proceeded to join a lawsuit filed in January by gun rights advocacy group the Second Amendment Foundation and Warren County District Attorney Rob Green. They are suing the U.S. government, Attorney General Merrick Garland and the directors of the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives over federal law deeming that cannabis users cannot legally possess firearms.
The medical cannabis market is especially enticing to veterans, given that the alternative may often be opioids or other prescription drugs with more profound side effects, less ongoing relief and potential for addiction. When looking toward medical cannabis and confronted with the choice between relief or maintaining access to their firearms, many vets choose to seek out cannabis from the illicit market. This can be risky for a number of reasons, largely in that these products are not regulated and could lead to adverse health effects.
Many veterans have voiced their preference for cannabis over traditional psychiatric medicines and find them to be more effective with symptom management. After receiving prescription medication from the VA initially, two anonymous sources told Post-Gazette they opted for cannabis outside of the legal market.
“[The] VA offers a number of PTSD treatments and other services to support veterans who have experienced trauma or are experiencing symptoms of PTSD,” said VA spokesperson Terrence Hayes. “We continue to follow clinical guidelines to ensure that all veterans, particularly those with mental health conditions or PTSD, have access to treatments that are known to be effective.”
Though, given the status of cannabis under federal law (at least until its highly anticipated move to Schedule III occurs), the VA cannot recommend medical cannabis to veterans, cover costs for medical cannabis or help veterans to obtain it. So while the VA may offer “individualized PTSD treatment options tailored to each veteran,” according to Hayes, it’s within the scope of traditional treatments and prescription meds.
Simply, many gun owners don’t want to make the choice. Irey and his co-plaintiffs cited that their firearms give them an increased sense of safety, allowing them to “protect the hearth and home,” according to court documents. Anonymous source G also told Post-Gazette that owning a gun helps to regain a sense of normalcy following life in an active combat zone, utilizing shooting ranges to help adjust back to civilian life.
Sen. Daniel Laughlin (R-Erie) has talked with a number of veterans in the state about this disconnect and introduced Senate BIll 1146 earlier this year, which would amend the Uniform Firearms Act to conform with legalization of medical marijuana in Pennsylvania. Should the legislation pass, valid medical cannabis card holders would no longer be labeled as unlawful users.
However, he referenced that there would still be a conflict with federal law, though hopefully the progress in Pennsylvania could help to usher in change across the country.
As the topic has become increasingly more prominent, many advocates and experts have recognized that laws barring people from legally owning guns and using cannabis are arbitrary and reflect tired attitudes of the past, that cannabis use innately leads to “Reefer Madness” or mental instability.
