In Ohio, medical marijuana is legal for qualifying patients. However, if you hold a medical marijuana card, you cannot legally purchase or own a firearm. While Ohio law doesn’t explicitly prohibit gun ownership for medical cannabis patients, federal law does. The federal government classifies marijuana as a Schedule I drug, making it illegal to possess firearms if you are a cannabis user.
This conflict between state and federal law puts Ohio residents in a tricky position—while the state allows medical marijuana use, the federal government enforces strict gun laws that apply to all U.S. citizens.
Feds Continue to Kibosh Gun Rights and Marijuana
Until marijuana is no longer a Schedule I drug, it will not be federally legal to use cannabis or purchase and possess a firearm as a registered medical patient, even if your state allows it.
When it comes to possessing medical cannabis in states where it is legal, state laws are not subject to federal laws. Fortunately, the U.S. Congress has forbidden the Department of Justice to spend funds on enforcing federal cannabis law on the state level. It’s part of an appropriations bill that has been reenacted since 2014. It has even held up in court.
The card that makes your weed cheaper.
Do You Lose Your Gun Rights if You Have a Medical Card in Ohio?
Yes, you lose your gun rights if you have a medical marijuana card in Ohio. Federal law, specifically the Gun Control Act, prohibits anyone using a Schedule I substance, like marijuana, from owning or purchasing firearms. So, even though Ohio allows medical marijuana, the federal government doesn’t. Once you hold that card, you’re disqualified from legally owning or buying a gun.
Can My Spouse Have a Gun If I Have a Medical Card in Ohio?
Your spouse can still own a gun if you have a medical marijuana card in Ohio. Federal law only targets the individual using medical marijuana, not their household. However, you can’t have access to or possess that firearm. It’s important to make sure you’re not violating any federal laws by handling the gun, even if it’s legally owned by someone else in the home.
Can You Buy a Gun With a Medical Weed Card?
No, you can’t buy a gun if you have a medical weed card. When purchasing a firearm, you’ll need to complete the ATF Form 4473, which asks if you use marijuana or other controlled substances. Checking “yes” disqualifies you from purchasing. Lying on this form is a federal offense—perjury comes with its own serious penalties.
If I Get Rid of My Medical Marijuana Card, Can I Purchase Firearms in Ohio?
Technically, yes. If you get rid of your medical marijuana card and stop using cannabis, you may be able to purchase firearms again. However, there’s a catch: you must no longer be a user of marijuana. Any lingering use can disqualify you during the background check process. Be truthful, because dishonesty here can get you in serious legal trouble.
What Are the Penalties for Purchasing or Owning a Gun with an Ohio MMJ Card?
Anyone who possesses a firearm and uses medical cannabis is in violation of Title 18, United States Code, Section 922. Ridiculously, the punishment for this is up to 10 years in prison and up to $250,000 in fines.
If a patient falsifies information on their background check in order to buy a gun, that’s a separate crime punishable by 5 years.
Unfortunately, the Second Amendment doesn’t protect registered MMJ patients from prosecution. In 2016, the 9th Circuit Court of Appeals ruled that medical marijuana prohibitions do not violate the Second Amendment on the grounds that marijuana is linked to “irrational or unpredictable behavior.”
The Honor System for Guns and MMJ in Ohio
In a Dayton Daily News article, Ohio Board of Pharmacy spokesman Cameron McNamee explicitly said, “The patient registry itself is protected information, and only those doctors who are certified will be able to access the patient registry.”
This means the National Instant Criminal Background Check System (NICS) won’t have access to the Ohio patient registry information. NICS is the system gun dealers and law enforcement agencies use. It’s how they determine that an individual can legally possess a gun.
Furthermore, Ohio law doesn’t require a background check or federal form for same-state private firearm transactions, including many guns sold online or at gun shows. The judgment is left to the seller.
So, unless the federal government decides to begin investigating individuals, it’s extremely unlikely that they will even know your medical marijuana or gun ownership status. Most likely, one would probably have to commit a federal crime to get caught.
Get Your Ohio Medical Card With Elevate
At Elevate Holistics, we want MMJ patients to understand their right to access medicinal cannabis and the scope of all that comes along with it. If you own a firearm and are a qualifying patient, you should be aware that, technically, you are in violation of federal law.
Elevate is an online clinic offering certifications with compassionate registered MMJ doctors. Medical cannabis patients can book same-day appointments and get certified from the convenience of their home. In addition, we are a medical cannabis resource that partners with other industry experts to help make medical marijuana as easy and accessible as possible.
Want to Know More About Medical Cannabis in Ohio?
Check out our easy guide on how to get a medical card in Ohio.
Learn how to become a caregiver in Ohio.
Find more answers with our Ohio MMJ FAQs.
Represent the Buckeye state in Elevate’s Facebook cannabis community!
See what Oklahoma’s doing to protect gun rights for MMJ patients.
