If you’re an Ohio resident who uses medical marijuana or is considering applying for a medical marijuana card, a common question you may have is whether your cannabis use affects your ability to own or purchase a firearm. Ohio’s Medical Marijuana Control Program (MMCP) allows patients with qualifying medical conditions to use medical marijuana, but the relationship between state and federal law complicates matters when it comes to gun ownership.
This article will provide you with a clear understanding of the legal landscape surrounding medical marijuana and gun ownership in Ohio. We will explore how federal and state laws interact, what you need to know before making a firearm purchase, and the potential legal risks involved.
The Federal and State Law Conflict
The main challenge for medical marijuana patients who want to own or purchase firearms is the conflict between state and federal law. While Ohio has legalized the use of medical marijuana under the Ohio Medical Marijuana Control Program, marijuana remains classified as a Schedule I controlled substance under federal law. This classification creates legal challenges, especially for those wanting to purchase or possess firearms.
Federal Law: The Gun Control Act of 1968
The federal Gun Control Act of 1968 (18 U.S.C. § 922) prohibits certain individuals from purchasing or possessing firearms. One group specifically prohibited includes “unlawful users” of controlled substances, which, under federal law, includes marijuana—even if it is being used legally for medical purposes under state law.
When purchasing a firearm from a federally licensed dealer, you are required to fill out ATF Form 4473. This form asks if you are an unlawful user of any controlled substances, including marijuana. If you answer “yes,” your gun purchase will be denied. If you answer “no” and you are indeed using marijuana, you could be charged with perjury, which is a federal crime.
Ohio Law: Medical Marijuana and Gun Ownership
Ohio law has legalized medical marijuana under the Ohio Medical Marijuana Control Program, which allows patients with qualifying conditions to legally possess and use cannabis for medical purposes. However, Ohio state law does not directly address the issue of gun ownership for medical marijuana patients. This leaves patients in a legal gray area, as federal law still classifies marijuana use (even for medical reasons) as illegal when it comes to firearms.
While Ohio does not actively enforce federal marijuana laws, individuals using medical marijuana may still face complications when attempting to purchase firearms due to federal background checks that are required when buying from licensed dealers.
How Federal Law Affects Medical Marijuana Patients in Ohio
If you are a medical marijuana patient in Ohio, here’s how the conflict between state and federal law could impact your ability to own or purchase a firearm:
- Owning Firearms: Ohio state law does not explicitly prevent medical marijuana patients from owning firearms, but federal law prohibits marijuana users from possessing firearms. This means that while Ohio may allow you to own a gun, federal law still considers you an “unlawful user” of a controlled substance, which could result in legal complications if federal laws are enforced.
- Purchasing Firearms: When purchasing a firearm from a federally licensed dealer, you must complete ATF Form 4473. This form asks whether you are an unlawful user of controlled substances, including marijuana. If you answer truthfully and admit to using medical marijuana, your purchase will be denied. If you lie, you could face legal penalties for making false statements on a federal form.
- Legal Risks: While federal authorities are not actively pursuing individual medical marijuana patients who own firearms, the risk remains. If federal law enforcement chooses to enforce these laws, medical marijuana patients could face charges for unlawful possession of a firearm.
Can You Be Denied a Gun Purchase for Holding a Medical Marijuana Card?
Yes. Under federal law, medical marijuana patients are classified as “unlawful users” of controlled substances, which means they are prohibited from purchasing firearms. If you attempt to buy a gun from a licensed dealer, you will be required to fill out ATF Form 4473. Admitting to marijuana use will result in your purchase being denied, and lying on the form can lead to serious legal consequences, including fines and imprisonment.
The Legal Risks of Owning a Gun and Using Medical Marijuana
Even though Ohio allows the use of medical marijuana, the conflict with federal law creates legal risks for gun owners. Here are some of the main risks to consider:
- Federal Charges: Federal law prohibits marijuana users from possessing firearms, and this prohibition applies even if you are using marijuana legally under Ohio state law. While federal enforcement has been inconsistent, the risk of facing federal charges for unlawful possession of a firearm remains.
- Perjury Charges: If you lie on ATF Form 4473—by denying that you use marijuana when, in fact, you do—this is considered perjury, a serious federal crime. Perjury can result in severe penalties, including fines and imprisonment.
- Loss of Gun Rights: If you are convicted of violating federal gun laws, you may permanently lose your right to own or possess firearms, even if you stop using medical marijuana in the future.
Potential Changes to Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms is evolving, and there are ongoing efforts at both the state and federal levels to reform cannabis laws. One of the most significant proposals is to remove marijuana from the list of Schedule I controlled substances under the Controlled Substances Act. If this change occurs, medical marijuana patients would no longer be considered “unlawful users” under federal law, which could potentially allow them to purchase and own firearms legally.
Until these changes are made, however, medical marijuana patients in Ohio must continue to navigate the legal risks created by the conflict between state and federal laws.
What Should You Do if You’re a Medical Marijuana Patient in Ohio and Own or Want to Purchase a Gun?
If you are a medical marijuana patient in Ohio and are concerned about your ability to own or purchase a firearm, here are some steps to consider:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can help you understand your legal rights and risks. They can provide you with personalized advice based on your specific situation and help you navigate the complexities of state and federal law.
- Stay Informed: Keep up to date with any changes in state or federal law that could impact your ability to own or purchase firearms. The legal landscape surrounding cannabis and firearms is constantly evolving, and staying informed is crucial.
- Weigh the Risks: If owning a firearm is important to you, it’s essential to weigh the potential legal risks of continuing to use medical marijuana. You may decide to explore alternative treatments that don’t conflict with federal law.
Real-Life Example: An Ohio Patient’s Experience
Take the case of Mike, a 45-year-old Ohio resident who suffers from chronic pain due to a back injury. After trying various treatments, Mike was approved for the Ohio Medical Marijuana Control Program and found that cannabis helped him manage his pain more effectively than traditional medications.
However, Mike is also an avid hunter and a gun owner. When he wanted to purchase a new firearm, he became concerned about how his medical marijuana use might affect his ability to legally buy a gun. After researching the issue, Mike discovered that while Ohio allows him to use medical marijuana, federal law still prohibits him from purchasing a gun as a marijuana user.
To avoid legal complications, Mike consulted a lawyer who specializes in firearms and cannabis law. The lawyer explained the federal restrictions on gun ownership for marijuana users and advised Mike not to buy any new firearms while using medical marijuana. Understanding the risks involved, Mike decided to prioritize his health and continue using medical marijuana, even if it meant not purchasing additional firearms for the time being.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in Ohio is complicated by the conflict between state and federal law. While Ohio has legalized medical marijuana, federal law still prohibits marijuana users from purchasing or possessing firearms, creating a legal gray area for patients.
Until federal marijuana laws change, medical marijuana patients in Ohio who wish to own or purchase firearms must carefully navigate the potential legal risks. Consulting with a lawyer, staying informed about legal developments, and weighing the risks are the best ways to protect yourself and your rights as both a medical marijuana patient and a gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Ohio if I have a medical marijuana card?
No. Although Ohio allows the legal use of medical marijuana, federal law prohibits individuals who use marijuana from purchasing firearms.
2. Will I lose my existing firearms if I get a medical marijuana card in Ohio?
No. Ohio law does not require you to surrender your firearms if you become a medical marijuana patient. However, federal law prohibits marijuana users from possessing firearms, which creates a legal risk.
3. Can I be arrested for owning a gun and using medical marijuana in Ohio?
While federal enforcement has been inconsistent, it is possible for medical marijuana patients who own firearms to face federal charges for unlawful possession of a firearm. The risk exists, even if Ohio state law does not actively enforce federal marijuana laws.
4. Are there efforts to change the law regarding cannabis and gun ownership?
Yes. There are ongoing efforts to reform cannabis laws at both the state and federal levels. Removing marijuana from the list of Schedule I controlled substances could potentially resolve the conflict between medical marijuana use and gun ownership in the future.
