Ballots And Bullets: How Ohio's Weed Legalization Vote Might Affect Gun Purchases

If Ohioans approve Issue 2 on Tuesday, Nov. 7, using marijuana recreationally will be legal for adults 21 and older. All except for gun owners, which should come as no surprise due to federal restrictions.

"All federal restrictions on gun ownership and ammunition will remain in place regardless of what the Ohio voters do," said defense attorney Brian Kopp of Betras, Kopp & Markota, LLC. He warned that it is imperative to honestly fill out the ATF’s questionnaire under penalty of perjury, including the fifth question that asks about marijuana or any controlled substance use. If the answer is yes, you’re automatically disqualified from purchasing a gun. Lying on the form and getting caught is a felony, punishable by up to 10 years in federal prison.

See also: Marijuana Laws Vs. Firearm Regulations: Is It Easier To Buy A Gun Than Legal Cannabis?

Eric Delbert, one of Ohio's 2,206 legal gun dealers, shared with the Columbus Dispatch that only a small fraction, approximately 0.25%, of his customers agree to forfeit their rights to purchase a firearm. Furthermore, he mentioned that on a weekly basis, one or two individuals who enter his store with the odor of marijuana are promptly turned away at the entrance.

Lots Of Weed And Guns In Ohio: Buckeye Firearms Association Weighs In

About one in seven Ohioans have said they've used marijuana in the past year. More than 600,000 firearms were purchased by Ohioans legally last year, according to Safehome.org.

Dean Rieck, executive director of Buckeye Firearms Association (BFA), a gun rights advocacy group, says the situation remains the same as it was in 2016 when Ohio legalized medical marijuana. 

“We warned that regardless of the new state law, marijuana would remain illegal at the federal level and would continue to disqualify users from possessing firearms or ammunition,” Rieck wrote in the association’s newsletter, adding that "Nothing will change."

However, in comments he made to the Dispatch, Rieck acknowledged that some things have changed. One big move came at the end of August when the Dept. of Health and Human Services suggested to DEA administrator Anne Milgram that cannabis be reclassified as a Schedule III drug under the Controlled Substances Act.

Rieck said that, with FDA approval of cannabis for therapeutic use and a change in its federal status, Congress, along with other federal agencies including the ATF, might follow and eventually there would be uniform agreement and fewer restrictions for gun owners.

Gun dealers withholding the sale of weapons "should be about whether you're a violent felon, not about who you are or what kind of drugs you use. We're concerned that if you're a user (of marijuana) that shouldn't bar you from owning a gun," Rieck concluded.

Photo: Benzinga edit with photos by mwewering and PeterPike by Pixabay