The Second Amendment Foundation (SAF) has filed its opening brief with the U.S. Court of Appeals for the Third Circuit in Greene v. Bondi, challenging the federal prohibition on firearm ownership for medical marijuana patients.
The case is on appeal after a district court dismissed SAF’s initial challenge. SAF is joined by two private citizens: Robert Greene, district attorney of Warren County, Pennsylvania, who holds a state-issued medical marijuana ID card, and James Irey, a disabled veteran seeking medical marijuana to treat service-related injuries without giving up his right to keep and bear arms.
A Constitutional Clash
At the heart of the case is the federal classification of marijuana as a Schedule 1 narcotic, even in states where medical use is legal. SAF Executive Director Adam Kraut described the conflict bluntly:
“Unlike prescription pain pills, marijuana is federally classified as a Schedule 1 narcotic, even if a state has legalized it for medical purposes. That poses a dilemma—either give up your Second Amendment rights or receive relief from your symptoms. This is an absurd choice.”
The SAF brief argues that there is no historical tradition in the United States of banning firearms for people lawfully using state-authorized medical treatments, making the restriction unconstitutional under the Second Amendment.
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Burden on Citizens
SAF founder and Executive Vice President Alan Gottlieb emphasized how the conflict between state and federal law places ordinary Americans in a bind:
“If a person chooses to legally use medical marijuana it should not automatically translate to surrendering their Second Amendment rights. As more and more states legalize the use of medical marijuana, this restriction puts an undue burden on citizens.”
What Comes Next
As the appeal moves forward in the Third Circuit, SAF says it remains committed to overturning the federal ban. For Greene, Irey, and countless others, the choice between lawful medical care and constitutional rights remains a pressing legal and personal struggle.
Learn more HERE.
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