Medical Marijuana Doctor Sues To End Federal Ban on Gun Ownership for Therapeutic Cannabis Users

December 19, 2018 – Press Releases

A Pennsylvania doctor who uses medical marijuana and recommends it for some of his patients has filed a Second Amendment lawsuit to challenge the federal prohibition on gun ownership for all medical cannabis patients.

Dr. Matthew Roman, M.D. is represented by a team of lawyers from three firms led by the following attorneys – Andrew Sacks of Sacks Weston Diamond; Joshua Prince of the Firearms Industry Consulting Group, a gun rights law firm; and Joshua Horn, co-chair of the Cannabis Industry Practice at Fox Rothschild LLP.

Named as defendants are: Acting Attorney General Matthew Whitaker, Deputy Director and Head of the U.S. Bureau of Alcohol Tobacco Firearms and Explosives Thomas E. Brandon, Director of the Federal Bureau of Investigation Christopher Wray and the United States of America.

The suit, filed in U.S. District Court in Philadelphia, asks for an order striking down the federal statutes and regulations that prohibit gun ownership for state-sanctioned, medical cannabis patients. It cites claims under the Second and Fifth amendments, alleging the law violates a fundamental individual right to gun ownership and that it deprives medical cannabis patients of their due process rights by not providing individuals with an administrative remedy to challenge their exclusion from gun purchasing.

Dr. Roman is a medical cannabis cardholder and patient. The suit says he uses state-sanctioned medical cannabis to treat his post-traumatic stress disorder, and that he recommends cannabis to some of his patients to avoid prescribing dangerous and addictive opioids.

“The majority of states in this country now recognize the medical value of marijuana,” said John Weston, one of Dr. Roman’s lawyers. “The federal government would do everyone a favor by recognizing the obvious, and removing marijuana from Schedule 1. Until it does so, the courts of this country, as they have always been, are the only way for citizens to guard their Constitutional rights.”

“This suit highlights just one glaring example of the myriad ways in which the continuing federal criminalization of cannabis infringes on the rights of individuals and businesses in states that have voted or legislated in favor of legalizing the medical and/or recreational use of marijuana,” said Horn.

Horn is being assisted by Fox Rothschild attorneys Joseph A. McNelis III and Jesse M. Harris.