Although Pennsylvania Governor Tom Wolf recently declared that “[w]e won’t take gun away” from medical marijuana users, the Pennsylvania State Police (“PSP”) has not received the memo, as we have seen several instances where individuals who merely obtained a medical marijuana card – in the absence of actual use – have been denied by the PSP.
Specifically, starting in at least early December, the PSP began placing individuals who are medical marijuana licensees into “undetermined status,” when they attempted to purchase a firearm. If the individual challenged the determination through a Pennsylvania Instant Check System Challenge, the PSP responds that the basis is that the individual is a “Current Medical Marijuana Card Holder.”
This obviously begs the question of how this information came into the possession of the PSP, since pursuant to Pennsylvania’s Medical Marijuana Act, 35 P.S. § 10231.101, et seq., and more specifically, 35 P.S. § 10231.302, all patient applicant information is confidential and not subject to disclosure. Furthermore, the implementing regulation relating to the confidentiality provision, 28 Pa. Code § 1141.22, explicitly states that “[t]he name or other personal identifying information of a patient … who applies for or is issued an identification card” is confidential and “will not otherwise be released to a person unless pursuant to court order.” As the application is submitted to the Pennsylvania Department of Health, only the Department of Health should have access to this information, absent a court order.
As I am sure litigation will ensue, we just may find out, at some point, how the PSP obtained this confidential information.
If you or someone you know has had their right to keep and bear arms infringed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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