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6
MORE


A PA. LAW COULD BE HINDERING VETERAN GUN OWNERS FROM ACCESSING CANNABIS

(Tim Robbibaro/For the Post-Gazette


A PA. LAW COULD BE HINDERING VETERAN GUN OWNERS FROM ACCESSING CANNABIS

The law requires medical card holders to give up their guns. Many aren't.
Laura Esposito and Hanna Webster
Pittsburgh Post-Gazette


May 6, 2024
8:36 AM

James Irey had to choose between chronic pain or losing his constitutional
rights.  

While serving in the Army as an indirect fire infantryman, the 46-year-old
Bloomsburg resident in Columbia County suffered a host of injuries including
broken bones, torn ligaments and damage to his neck while on deployment in
Kosovo.

Mr. Irey was honorably discharged after nine years in the Army, leaving the
service with numerous honors and awards — and pain so severe that he was deemed
100% disabled by the U.S. Department of Veterans Affairs. 

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Mr. Irey knew the risks of serving his country. But after he sought treatment
for his pain and doctors referred him to Pennsylvania’s Medical Marijuana
Program, something happened he didn’t expect. He could obtain medical cannabis,
but only if he gave up his personal firearms and ammunition. He decided to keep
his guns.


Hanna Webster
Planned reclassification of cannabis to a lower-risk substance underscores it
'has medicinal value'

In addition to the federal Gun Control Act that describes those who use medical
marijuana as “unlawful users” of a controlled substance, a Pennsylvania law
called the Uniform Firearms Act says medical marijuana cardholders cannot own a
gun, despite the drug being legal in the state for medical purposes since
2016.  

Mr. Irey recently joined a lawsuit filed in January by the Second Amendment
Foundation, a gun rights advocacy group, and Warren County District Attorney Rob
Greene. They are suing the U.S. government, Attorney General Merrick Garland and
the directors of the FBI and the Bureau of Alcohol, Tobacco, Firearms and
Explosives over the federal law.

“[These veterans must] give up their ability to possess firearms and ammunition
and to defend themselves, families and homes to use a medicine a doctor has
recommended to them,” said Adam Kraut, the attorney representing Mr. Irey and
Mr. Greene. Mr. Kraut also is executive director of the Second Amendment
Foundation.

Advertisement


Vets are both more likely to own a firearm and to suffer from post-traumatic
stress disorder, according to the American Journal of Preventive Medicine and
the National Center for PTSD, respectively. Studies show that, in some
cases, PTSD can be effectively treated with cannabis. But throughout the
commonwealth, vets like Mr. Irey must choose whether to seek treatment and give
up their firearms or break the law. 

And if they choose neither, the consequences could be fatal. More than a quarter
of veterans who died by suicide in 2020 had PTSD, according to the U.S.
Department of Veterans Affairs. 

Court documents in their lawsuit describe Mr. Irey as a “law-abiding,
responsible, peaceable citizen” who wishes to use marijuana as recommended
without forfeiting his “fundamental right to keep and bear arms.”

To keep their rights, some veterans are compelled to seek treatment for PTSD
through illegal avenues.


Hanna Webster
Federal proposal to reclassify pot an 'important step,' Shapiro administration
says
Firearms worked on in the gunsmith shop at Allegheny Arms in Bethel Park on
Wednesday, April 10, 2024. (Tim Robbibaro/For the Post-Gazette)


“UNLAWFUL USERS”

The Post-Gazette spoke with two veterans from Allegheny County who have
illegally purchased cannabis to treat symptoms of PTSD without surrendering
their firearms and ammunition. Their names are being withheld due to their fear
of arrest or losing their jobs.

G, a five-year Marine with three combat deployments, works in security and
carries a gun every day “for work and personal life.” He said he was prescribed
“a cocktail of drugs” from the VA when he first returned home.

“I said, ‘No, I’m not taking any of that,’” G said in a recent interview.

By some estimates, one in eight vets self-medicates with cannabis, and many
voice their preference for cannabis over traditional psychiatric medications. G
said other combat vets struggling with PTSD told him that none of the
medications they were prescribed to help with their symptoms worked. But
cannabis did. 

“So I started ordering edibles,” he said. It worked.

A, a Marine Corps veteran who also struggles with symptoms of PTSD and said he
carries a gun every day, agreed.

“[The VA] gives you all these pills, but marijuana ends up being what fixes
things,” he said. 

Veterans Affairs spokesman Terrence Hayes said the agency offers “individualized
PTSD treatment options tailored to each veteran.”

“[The] VA offers a number of PTSD treatments and other services to support
veterans who have experienced trauma or are experiencing symptoms of PTSD,” he
said. “We continue to follow clinical guidelines to ensure that all veterans,
particularly those with mental health conditions or PTSD, have access to
treatments that are known to be effective.”

Because cannabis remains a Schedule I drug, according to the 1970 Controlled
Substances Act, VA health care providers are barred from recommending it or
helping veterans to obtain it. Under Schedule I, cannabis is in the
same category as heroin and LSD, and is considered to have a high potential for
abuse and no benefit. 

That classification was recently challenged by a federal recommendation to
reschedule the drug to less restrictive Schedule III, acknowledging it holds
some medical benefit. Even if the Pennsylvania firearm law changed, cannabis
would remain illegal in the eyes of the federal government.




How does cannabis help with PTSD?

Traditional PTSD remedies don’t help everyone: Studies show one in five
individuals drops out before completing treatment.

The few studies that have been conducted on cannabis and post-traumatic stress
disorder show it can reduce nightmares and hyperarousal — the feeling of being
on edge, irritated or paranoid — and substantially calm people down.

“All the data comes together to suggest that veterans with PTSD find benefit
with using cannabis and that it helps reduce certain symptoms of PTSD,” said
Marcel Bonn-Miller, chief scientific officer of the trade company Charlotte’s
Web, which sells cannabis products. He spent nine years at the VA, and is a
leading expert on post-traumatic stress disorder and cannabis.

“It’s THC that seems to be helpful for reducing symptoms of PTSD,” he said,
referencing the main intoxicating compound in cannabis. “And it’s normalizing
the lives of veterans. It’s doing the opposite of harm; it’s actually helping
them become more normal, active participants in society.” 

More research is warranted, specifically clinical trials with human
participants, to determine exactly how cannabis works to help people with PTSD,
but a few working theories exist.

One is that people with PTSD struggle with an imbalance of their endocannabinoid
system — a network of receptors that regulate sleep, appetite and mood.
Chemicals in the cannabis plant activate this brain system, which is why people
can get “the munchies” and feel sleepier and calmer after using cannabis.

Scientists think the brains of people with post-traumatic stress disorder are
altered after using cannabis, such that THC brings them back to baseline.


SAFETY AND FIREARMS 

There are myriad reasons why gun owners may not want to give up their weapons in
order to get a medical marijuana card. Mr. Irey and his co-plaintiffs cited
self-defense and to “protect the hearth and home,” according to court
documents.  

Veterans who own firearms might associate guns with symbols of self-agency and
protection. And if they have PTSD, they could be dealing with hyperarousal and
paranoia, making them reluctant to surrender those weapons, said Michael
Anestis, executive director of the New Jersey Gun Violence Research Center at
Rutgers University, a licensed psychologist and associate professor.

“In their mind, the world is dangerous,” he said. “You’re telling the veteran to
take a tool that they see as primarily for self-protection and to make it harder
to access in a moment of threat.”

But for many former service members, G said, guns also help them to regain a
sense of normalcy after life in an active combat zone. When G returned from
deployment for the third and final time, he struggled to adjust to civilian
life. 

“They tell you, ‘You’re going to combat, you’re going to kill,’” he said. “And
then once you get home, you need to stop doing all of this.”

Only when G started going to a shooting range with a close friend from a
deployment in the Army did life start to make sense for him again.

“You seek something when you get out [of deployment],” he said. “And [shooting]
made us comfortable doing that activity again.”

Some veterans also feel distrust toward the government, particularly those who
struggle with PTSD, said Richard Hamp, special assistant to the deputy adjutant
general of veteran affairs in Pennsylvania. 

“A lot of them are Vietnam-era veterans who were treated very badly by this
nation when they came home,” he said. “They harbor feelings that they were lied
to.”

For veterans like A and G, some feelings of distrust stem from having to break
the law in order to obtain effective treatment for their pain. 

The maximum penalty for illegally using marijuana while owning a gun is 10 years
in prison and $250,000 in fines, Mr. Kraut said.

Pennsylvania State Sen. Daniel Laughlin, R-Erie, said many veterans have told
him that they’re using the drug illegally as treatment. 

“I’ve had veterans who said they were hardcore alcoholics because of their
stress and PTSD, and when they got on medical cannabis, they quit drinking, it
saved their marriage and saved their relationship with their children,” he said.
“They shouldn’t have to feel like they’re a criminal — they served our country
and have issues from doing that.”

Stigma surrounding transparent mental health conversations may be another key
hindrance to vets getting help — and experts have found that having guns around
can sometimes exacerbate risk.

“Among service members, the ones who have hidden their suicidal thoughts and
avoided mental health care, despite being suicidal, are the ones most likely
store guns loaded and unlocked,” said Mr. Anestis, the Rutgers associate
professor.

“The folks who are actively hiding from this system are the ones who could most
quickly reach out and grab a loaded weapon and kill themselves.”


WHAT’S NEXT?

In February, Mr. Laughlin introduced Senate Bill 1146, which would amend the
Uniform Firearms Act to conform with legalization of medical marijuana in
Pennsylvania. If passed, this legislation will no longer label a valid medical
marijuana cardholder as an unlawful user.

He called the current law and its minimal enforcement “a gray zone, a don’t ask,
don’t tell situation.”

As the federal law still stands, Mr. Laughlin’s bill wouldn’t be an end-all
answer, but he hopes that amending the issue in Pennsylvania will speed up the
process across the country.

Many don’t see the point of either law in the first place.

Mr. Bonn-Miller, the cannabis and PTSD researcher, says he believes the laws are
based on antiquated “Reefer Madness” attitudes about cannabis and its risks.

Ryan Vandrey, a professor of psychiatry and behavioral sciences at Johns Hopkins
School of Medicine and a researcher in the school’s Cannabis Science Lab, agreed
and said he’s unaware of any evidence that using cannabis uniquely puts
individuals at risk of firearm harm.

He also pointed out that research on illicit cannabis has shown the presence of
harmful contaminants, including heavy metals and pesticides. Not allowing access
to regulated medical cannabis may be “putting these folks at undue risk,” he
said. 

If medical marijuana was accessible and no longer barred him from owning a
firearm, G said he would stop self-medicating and enroll in the state’s
program. 

“If you’re getting medical marijuana, there is no chance of buying something
that’s laced,” he said.

The sole challenge to that federal law is in federal court. The Second Amendment
Foundation, Mr. Greene and Mr. Irey filed for a preliminary injunction in March
that would, if granted, allow them and all members of the foundation to obtain a
medical marijuana card while owning firearms. Mr. Kraut said a hearing could be
held this month.

Until then, Mr. Irey remains in pain, but he keeps his firearm, his rights, and
his protection.

Laura Esposito: lesposito@post-gazette.com; Hanna Webster:
hwebster@post-gazette.com. 

First Published May 4, 2024, 11:30pm



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Firearms worked on in the gunsmith shop at Allegheny Arms in Bethel Park on
Wednesday, April 10, 2024.  ((Tim Robbibaro/For the Post-Gazette))
Firearms worked on in the gunsmith shop at Allegheny Arms in Bethel Park on
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(Tim Robbibaro/For the Post-Gazette
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