Smoke pot. Carry a firearm. Take your pick.

That is an inelegant way of stating a decision by the Ohio Second District Court of Appeals in Dayton in the case of State v. Stone (2011 Ohio 3617). As reported in The Blaze, it seems that Paul Stone legally purchased a firearm and has violated no laws governing its use. However, in 2007, he smoked a marijuana cigarette.

In Ohio, possession of less than 100 grams of marijuana is a minor misdemeanor, punishable by a $150 fine and/or community service.  However, because of the way Ohio Revised Code section 2923.13 is written, he was arrested for committing a felony. The section is quoted in pertinent part:

(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: ...


(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse...

(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.

I understand and sympathize with the intent of the law -- it was intended to keep dangerous weapons out of dangerous hands. However, this case should make clear that this law was badly written. How can it be considered just for a person to be locked up for a felony based on a disability caused by a misdemeanor?  I note from the law that an individual can apply to the common pleas court for removal of the disability (sec. 2923.14), but that begs the question. What does this say about our Constitutional rights, both U.S. (Second Amendment) and Ohio (Article I, Section 4)? I wrote last week that I am not passionate about gun rights. More of this kind of thing just might stir up passion I didn't know I had...