Recreational pot sales could start soon; know gun laws before you hit that joint
Ohio voters last fall approved state Issue 2 to legalize the sale and use of recreational marijuana for adults ages 21 and older, and several media outlets have reported in recent days that those sales are soon to begin.
The Ohio Division of Cannabis Control has received hundreds of applications and has issued dozens of provisional licenses.
But you need to know how smoking or consuming pot will affect your gun rights. Remember that possession is still a violation of federal law. It is a violation of federal law to carry marijuana across state lines, according to a FAQ from the DCC, and it remains a Schedule 1 substance that will prohibit your legal purchase of a firearm. Consider Hunter Biden and his recent convictions.
Back in November, we posted five important facts you should know about marijuana and guns. Considering availability appears to be right around the corner, it's worth sharing them again:
- Marijuana is still illegal at the federal level. "Marijuana is a Schedule I substance under the Controlled Substances Act, meaning that it has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision," according to a fact sheet from the U.S. Department of Justice/Drug Enforcement Administration.
- Federal law, 18 U.S.C. § 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.
- You should be very mindful of points 1 and 2 when purchasing a firearm and completing ATF Form 4473, which is used to conduct a background check. The form asks in question 21(f): "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" You might think you are a lawful user of marijuana, but pay close attention to the question's next sentence: "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."
- If you answer yes to question 21(f), you are "prohibited from receiving, possessing, or purchasing a firearm."
- If you falsely answer no to that question, you are in violation of federal law. As the form states, "I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law …"
As we've stated, Buckeye Firearms Association doesn't believe marijuana use should disqualify anyone from lawfully purchasing and/or owning a firearm.
Our goal at BFA is to protect gun rights and advance pro-gun legislation, but it is also to educate the public. And so now you know.
Joe D. "Buck" Ruth is a longtime small-game hunter and gun owner who spent nearly three decades in the news industry.
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