Opinion
Case Of The Week ~ Greene V. Garland
Despite 38 states legalizing medical marijuana, the federal government still classifies it as a Schedule 1 narcotic. As a result, individuals who obtain medical marijuana ID cards and use medical marijuana to treat are prohibited from purchasing and/or possessing firearms and ammunition under 18 U.S.C. § 922(g)(3). Put simply, those who opt to use medical marijuana for treatment forfeit their Second Amendment rights under the current state of the law.
Plaintiff Greene is the duly elected District Attorney of Warren County, Pennsylvania. In May of 2023, Greene sought and obtained a Medical Marijuana ID Card pursuant to Pennsylvania law.
However, because the Defendants enforce 922(g)(3), Plaintiff Greene currently abstains from purchasing or possessing firearms and ammunition, being forced to choose between using a medicine of his choice or the exercise of his Second Amendment rights.
On January 23, 2024, the Second Amendment Foundation, along with Greene, filed suit against US Attorney General Merrick Garland, ATF Director Stephen Dettlebach, and FBI Director Christopher Wray. The lawsuit seeks a preliminary and permanent injunction and declaratory relief that 18 U.S.C. §§ 922(g)(3), (d)(3) and their implementing regulations violate Plaintiff Greene’s and SAF’s similarly situated members Second Amendment rights.
Case Team: SAF Executive Director Adam Kraut, Joshua Prince.
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Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
I still say this is not the best use of our funds and that the topic is more useful as a political football. Let the Republicans tie removing cannabis to a pro-gun bill. If it passes, we win. If the Dems vote it down then maybe the Republicans pick up some votes.
As a retired city police officer, I have answered hundreds of disturbance calls. I can’t remember a single call that I thought was fueled by marijuana. I can’t say that about alcohol. Probably 90% had alcohol as a contributing factor, if not the actual cause. From the sake of safety, I’d have to say that drinkers are much more dangerous than marijuana users. That being said, I don’t want to curtail the rights of either marijuana users or drinkers. I usually abstain from drink, but I’ve enjoyed the occasional beer or cocktail. I have never used marijuana, at all. My… Read more »