PRIOR PRINTER'S NO. 1439
PRINTER'S NO. 1684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
258
Session of
2018
INTRODUCED BY WILLIAMS, FOLMER, COSTA, HUGHES, STREET AND
SCHWANK, JANUARY 26, 2018
AS AMENDED, APRIL 23, 2018
A RESOLUTION
Urging the Congress of the United States to amend the Controlled
Substances Act to remove marijuana as a Schedule I controlled
substance and to recognize the proven medical purposes of
marijuana. BY RESCHEDULING MARIJUANA IN ORDER TO PROTECT THE
RIGHT UNDER THE SECOND AMENDMENT OF THE CONSTITUTION OF THE
UNITED STATES OF PARTICIPANTS IN A STATE-SANCTIONED MEDICAL
MARIJUANA PROGRAM TO LEGALLY OWN A FIREARM AND FURTHER
CONSIDER WHETHER MARIJUANA HAS A PROVEN MEDICAL PURPOSE.
WHEREAS, The Controlled Substances Act (Public Law 91-513, 84
Stat. 1236) was enacted by the 91st Congress and became
effective May 1, 1970; and
WHEREAS, Schedule I drugs, substances or chemicals under the
Controlled Substances Act include controlled substances which
are found to have highly addictive properties, no currently
accepted medical use in the United States and a lack of accepted
safety for use of the drug under medical supervision; and
WHEREAS, Marijuana is listed as a Schedule I controlled
substance under the Controlled Substances Act, and there are no
exceptions in Federal law for marijuana purportedly used for
medicinal purposes even if the use is sanctioned by State law;
and
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WHEREAS, An ongoing national debate as to the safety and
medical application of marijuana has led nearly 30 states,
including the Commonwealth of Pennsylvania, to approve the use
of marijuana for treatment of certain medical conditions; and
WHEREAS, 18 U.S.C. ยง 922(g)(3) prohibits any person who is an
"unlawful user of or addicted to any controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802))" from shipping, transporting, receiving or
possessing firearms or ammunition; and
WHEREAS, Recent guidance from the United States Department of
Justice has reiterated marijuana's status as an illegal drug
under the Controlled Substances Act; and
WHEREAS, Current Federal law restricting possession of a
LEGALLY OWNED firearm by marijuana users in states which have
legalized its use PARTICIPANTS IN STATE-SANCTIONED MEDICAL
MARIJUANA PROGRAMS creates contradictory legal standards; and
WHEREAS, Carving out a special exception for marijuana users
to own firearms while marijuana remains classified as a Schedule
I controlled substance would create special protections for some
federally illegal drug users while preserving restrictions on
others; and
WHEREAS, In order to create a cohesive and unified system
among the states, including states which have not legalized the
medical use of marijuana, the Federal Government must choose to
either ignore the prohibition on MEDICAL marijuana users owning
firearms or reschedule marijuana to permit its medical use;
therefore be it AND
WHEREAS, RESCHEDULING MARIJUANA UNDER THE CONTROLLED
SUBSTANCES ACT WILL PROTECT THE RIGHT UNDER THE SECOND AMENDMENT
OF THE CONSTITUTION OF THE UNITED STATES OF PARTICIPANTS IN A
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STATE-SANCTIONED MEDICAL MARIJUANA PROGRAM TO OWN FIREARMS WHILE
PRESERVING RESTRICTIONS ON OTHERS; THEREFORE BE IT
RESOLVED, That the Senate of the Commonwealth of Pennsylvania
urge the Congress of the United States to amend the Controlled
Substances Act to remove marijuana as a Schedule I controlled
substance and to recognize the proven medical purposes of
marijuana; and be it further BY RESCHEDULING MARIJUANA IN ORDER
TO PROTECT THE RIGHT UNDER THE SECOND AMENDMENT OF THE
CONSTITUTION OF THE UNITED STATES OF PARTICIPANTS IN A STATE-
SANCTIONED MEDICAL MARIJUANA PROGRAM TO LEGALLY OWN A FIREARM
AND FURTHER CONSIDER WHETHER MARIJUANA HAS ANY PROVEN MEDICAL
PURPOSE; AND BE IT FURTHER
RESOLVED, That a copy of this resolution be transmitted to
the President of the United States, the presiding officers of
each house of Congress and to each member of Congress from
Pennsylvania.
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