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Buckeye Reporter

Wednesday, November 6, 2024

Recreational pot sales may impact gun ownership due to federal laws

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Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

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.

However, it is important to understand how smoking or consuming marijuana will affect gun rights. Possession remains a violation of federal law. It is illegal to carry marijuana across state lines, according to a FAQ from the DCC, and it remains a Schedule I substance that will prohibit the legal purchase of a firearm.

"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.

When purchasing a firearm and completing ATF Form 4473, which is used to conduct a background check, question 21(f) asks: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" The form further warns: "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 one answers yes to question 21(f), they are "prohibited from receiving, possessing, or purchasing a firearm." Falsely answering no constitutes a violation of federal law. As stated on the form: "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 …"

Buckeye Firearms Association does not believe marijuana use should disqualify anyone from lawfully purchasing and/or owning a firearm. Their goal is to protect gun rights and advance pro-gun legislation while educating the public.

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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