“There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such is sanctioned by state law,” the memo says.
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The law applies to more than just buying guns. The ATF letter says marijuana users are prohibited from “shipping, transporting, receiving or possessing firearms or ammunition.”
Anyone applying to purchase a gun from a licensed dealer must sign a form attesting he or she is not “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”
“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,” the form notes.
Lying on the form is a felony under federal law, punishable with up to 10 years in prison.
RELATED: Ohio’s medical marijuana: What’s really going on?
“There is definitely a conflict between the state laws and the federal laws,” said Joe Eaton, southwest Ohio spokesman for the Buckeye Firearms Association.
It’s not clear how to reconcile that conflict, he said, “We are confused as everyone else at this point.”
When Ohio’s medical marijuana program becomes operational in September 2018, Ohioans will be able to register to use cannabis if they have a recommendation from a physician saying they have one of 21 qualifying conditions.
RELATED: Here are the 21 conditions that could qualify you for medical marijuana in Ohio
Industry analysts have estimated as many of 24 percent of the state’s population – or about 2.8 million Ohioans – have a qualifying condition.
The conflict between federal firearms laws and state cannabis laws has flared up on other states.
MAP: Where medical marijuana could be grown in Ohio
In Hawaii, Honolulu police last month told residents who had medical marijuana cards they have 30 days to turn in their firearms to authorities, according to reports in the Honolulu Star Advertiser.
The Associated Press reports that a federal circuit court of appeals ruling on a case out of Nevada found that the federal ban on the sale of guns to medical marijuana users doesn't violate the Second Amendment.
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