James Irey faced a difficult decision: endure constant pain or forfeit his constitutional rights.
During his time as an indirect fire infantryman in the Army, James, a 46-year-old resident of Bloomsburg in Columbia County, sustained multiple injuries, including broken bones, torn ligaments, and neck damage, while deployed in Kosovo.
After nine years of service and numerous accolades, James was honorably discharged, but his departure from the military left him with excruciating pain, leading to a designation of 100% disability by the U.S. Department of Veterans Affairs.
Seeking relief, James explored treatment options and was referred to Pennsylvania’s Medical Marijuana Program by his doctors. However, accessing medical cannabis came with an unexpected condition: surrendering his personal firearms and ammunition. Despite his need for pain relief, James chose to retain his guns.
This requirement stemmed from both federal and Pennsylvania state laws. The federal Gun Control Act classified users of medical marijuana as “unlawful,” while the Pennsylvania Uniform Firearms Act prohibited gun ownership for medical marijuana cardholders, despite the drug’s legalization for medical purposes in the state since 2016.
Joined by others, James became part of a lawsuit filed by the Second Amendment Foundation and Warren County District Attorney Rob Greene against the federal government, Attorney General Merrick Garland, and directors of related agencies. Their aim was to challenge the federal law’s restriction on gun ownership for medical marijuana users.
Adam Kraut, representing James and others, emphasized the dilemma faced by veterans who must choose between accessing prescribed medicine and retaining their firearms, crucial for self-defense, especially considering the high prevalence of gun ownership among veterans, many of whom suffer from post-traumatic stress disorder (PTSD).
Research indicates that cannabis can effectively alleviate PTSD symptoms, but veterans like James are left with a difficult choice: comply with the law and forego treatment or risk legal repercussions by seeking relief through illegal means.
For some veterans, accessing cannabis illegally becomes the only viable option. Two veterans from Allegheny County, identified only as G and A, admitted to obtaining cannabis illegally to manage their PTSD symptoms while retaining their firearms, fearing legal consequences.
The Veterans Affairs (VA) acknowledges PTSD treatment options but is restricted from recommending cannabis due to its federal Schedule I classification, aligning it with substances like heroin and LSD. Despite this, veterans find relief in cannabis, which is why efforts to reschedule it to a less restrictive category are gaining traction.
Studies suggest that cannabis can mitigate PTSD symptoms by affecting the endocannabinoid system, which regulates mood, sleep, and appetite. THC, the main psychoactive compound in cannabis, plays a crucial role in this process, offering veterans a semblance of normalcy and participation in society.
However, the current legal landscape forces veterans to navigate a complex dilemma: prioritize their health or protect their constitutional rights. Pennsylvania State Senator Daniel Laughlin introduced a bill to amend state firearm laws, but the issue remains unresolved at the federal level.
Experts argue that existing laws are outdated and fail to consider the medical benefits of cannabis, leaving veterans like James in a state of limbo. Until legislative changes occur, veterans continue to face barriers in accessing effective treatment while retaining their rights and safety.
