Gun Rights for Medical Cannabis Patients in Ohio
Table of Contents
In Ohio, marijuana is only permitted for medical purposes; recreational usage is prohibited. In June 2016, Governor Kasich signed House Bill 523 authorizing the use of cannabis for medical purposes in Ohio, making it the 25th state to do so. The state Senate voted 18-15 in favor of the law, and the state House voted 67-29 in favor of it.
The Ohio Department of Commerce and the State of Ohio Board of Pharmacy oversee the Medical Marijuana Control Program. The Department of Commerce is responsible for granting licenses to medical marijuana growers, processors, and testing facilities.
The licensing of retail outlets, the type, and composition of medicinal marijuana that will be prescribed, and the registration of patients and their carers is handled by the Board of Pharmacy. Additionally, the Ohio State Medical Board is responsible for certifying physicians who can recommend medical marijuana to their patients.
A medical marijuana patient ID card is required to consume marijuana legally for medical reasons. You need a recommendation to consume medical marijuana from a qualified and registered doctor in order to get an ID card. With a qualified doctor’s prescription and the approval of a parent or legal guardian, minors may also be allowed to consume medical marijuana.
Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Ohio?
It is technically illegal to buy medical marijuana if you reside in the state of Ohio and have a concealed-carry permit. Theoretically, one cannot apply for a permit or purchase firearms if you possess an Ohio medical marijuana card. However, that is not a result of Ohio’s strict gun and marijuana regulations; it’s the federal government’s rules. Cannabis usage and the purchase and possession of a handgun as a registered medical patient will not be permitted under federal law until marijuana is removed from the Schedule I drug list, even if cannabis is legal in your state.
Ohio Board of Pharmacy spokesman Cameron McNamee specifically stated, “The patient registry itself is protected information and only those doctors who are certified will be able to access the patient registry,” in a Dayton Daily News report. This implies that the Ohio patient registration information won’t be accessible to the National Instant Criminal Background Check System (NICS). Law enforcement agencies and gun sellers both use NICS.
It’s how they decide if someone is allowed to legally possess a gun. It is unlikely that the federal government will even be aware of your use of medical marijuana or possession of a firearm unless it decides to start looking into specific people. To get caught, you would probably have to commit a federal offense. Additionally, Ohio law exempts same-state private gun sales — which include many firearms sold online or at gun fairs — from background checks or federal forms. It is up to the vendor to decide if they will sell you a firearm or not.
In a nutshell, it is possible to have a gun and be a medical marijuana patient at the same time in Ohio because their patient registry is not accessible to law enforcement or federal firearm dealers. You may even purchase a firearm in gun fairs and online without worrying about going through background checks or completing federal forms. However, you are not covered by any state or federal laws, and if you are found guilty of a federal crime, this might be added to your list of offenses.
Can You Take Your Gun to a Dispensary in Ohio?
Ohio amended its gun regulations on June 13, 2022. In terms of handguns, Ohio is currently a “constitutional carry” or “permitless carry” state. In Ohio, you can now carry a concealed firearm on your person or in your vehicle without first obtaining a concealed handgun license (CHL). Additionally, while carrying concealed weapons, CHL holders are no longer required to keep their CHL card on them.
According to Ohio’s gun regulations, gun owners cannot be a “fugitive from justice” or forbidden from owning a firearm by state or federal law (such as a convicted criminal) and must be at least 21 years old. The same rules and restrictions apply to permitless carriers (those without a concealed-carry license) as they do to CHL license holders, with this exception: gun owners are not allowed to have a firearm in their vehicle when they enter a school safety zone or inside any courthouses. State and federal laws make it a criminal offense to enter a school safety zone without a CHL license.
Businesses like grocery stores and bars can still display signs banning weapon carry in their establishments. So, if the dispensary permits it, you can take your firearm into the dispensary.
Can You Consume CBD and Own a Gun in Ohio?
Following the enactment of the 2018 Farm Bill, Ohio passed SB 57, a measure that removed hemp from the state’s list of restricted substances and established a system to license hemp farmers and support the use of hemp as a commercial good. Cannabis and hemp are derived from the same plant, with hemp being the material that has less than 0.3% THC, according to SB 57.
Ohio has almost no limitations on the kinds of goods that can be created from hemp. Dietary supplements, cosmetics, topical, foods, and more can all be legally formulated to contain hemp-derived CBD.
Hemp-derived CBD products can be purchased without a prescription, and there are no possession restrictions on licensed CBD products. Products that have a THC content of greater than 0.3% are classified as cannabis products and are only available under the state’s medicinal marijuana program. There are various possession laws that apply to these products.
You may take CBD while owning a gun in Ohio, as long as you are consuming hemp-derived CBD.
