A medical marijuana patient sues to be able to buy a gun
A lawsuit against President Trump’s administration has been filed by a medical marijuana patient in an effort to allow him to buy a gun. The suit was filed in federal court in Philadelphia, asserting that the government’s rules violate the Second Amendment of the Constitution. Named in the lawsuit are the Justice Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the FBI.
Due to federal law, medical marijuana users are prohibited from legally purchasing firearms. Specifically, the U.S. Controlled Substances Act states that users of controlled substances are ineligible to legally own firearms.
The lawsuit was filed on behalf of Dr. Matthew Roman by his lawyer, John K. Weston. Roman asserts that he attempted to purchase a Smith & Wesson revolver this past May for self-defense, but was denied after he admitted to using medical marijuana to treat his post-traumatic stress disorder. According to the lawsuit, “Dr. Roman truthfully answered that he did have a medical cannabis card, and the staff member responded that it was not legal under federal law to have a medical cannabis card and purchase a weapon.”
After being denied the firearm, Roman submitted the lawsuit, which argues that the laws “unconstitutionally prohibit law-abiding citizens who have enrolled in state medical cannabis programs from purchasing a firearm.” It adds, “This strict, rigid, blanket prohibition violated the fundamental constitutional rights of tens of thousands of non-violent, law-abiding citizens, and is thus violates the Second and Fifth Amendments of the Constitution.”
The U.S. Court of Appeals for the Ninth Circuit has already addressed the subject. It ruled in 2016 that federal marijuana laws do not violate the Second Amendment, and it’s possible that this case could make its way to the Supreme Court. Of course, by then, the federal government will probably have already legalized medical marijuana.
