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
Case Documents
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