Ballot Initiative Seeks To Restore Gun Rights To Pot Users In Colorado

AP Photo/Mathew Sumner

When Colorado legalized marijuana for recreational use, they kind of sparked something off. Other states have followed and for those who support the use of cannabis for both medical and recreational use, it's been a good time.


The problem is that marijuana is still listed as a Schedule 1 controlled substance under federal law. That means no matter what states decide, federal law still reigns supreme. 

Luckily, the feds have let it go.

The one exception is when it comes to guns, apparently, and a ballot initiative in Colorado seeks to address that.

A ballot initiative aimed at granting concealed-carry rights to Colorado marijuana users is making a second run at the state Title Board...and the November election.


According to the Legislative Council, which reviews proposed statewide ballot initiatives to make sure they comply with state regulations, the first draft of the ballot question removed other areas of unlawful use from the application as well, allowing people who have been convicted of domestic violence crimes, use other controlled substances, were dishonorably discharged from the military, are in in the country illegally or have been "adjudicated as a mental defective" to obtain concealed-carry permits.

"Obviously, we disagree, but they believe that it didn't meet the single-subject requirement, and that our initiative overflowed into other areas," Guns for Everyone co-founder Edgar Antillon says. "All that means is we just reword it a little bit to meet that single-subject requirement."

Although Colorado doesn't require firearm owners to register guns, it does require registration for concealed-carry permits — and on that application are questions about federally unlawful activities.


Now, here's what amuses me.

Colorado has been on a very firm anti-gun kick for quite some time.

What I'm getting here is that guns are bad. So bad, in fact, that no one should have one...

...unless you're on pot.

Now, don't get me wrong. I'm fine with lifting the prohibition on marijuana users owning guns. I think you can make the case for barring people from carrying while under the influence, especially under the Bruen decision, but not with regard to ownership.

It's also funny that the state may well allow the concealed carry of firearms just as they're also trying to pass a carry killer bill.

Talk about your mixed signals.

Of course, we need to understand that this isn't a pro-gun ballot initiative. Yes, the group behind it might be pro-gun but the way this will be viewed, if it's viewed favorably at all, is as a pro-marijuana bill. It's why an anti-gunner like Nicki Fried would fight a similar battle.

What everyone needs to remember is that even if this passes, it doesn't mean all that much.

The laws forbidding the purchase of firearms by those who use illicit drugs is a federal law. State measures don't really get to trump them, as the courts have ruled, particularly with gun laws. Colorado can't just swoop in and decide federal prohibitions don't count anymore.


This means even if this passes, don't expect it to actually do much of anything. If you're using marijuana and get caught also owning a firearm, you're facing a crime.

I mean, even Hunter Biden got charged. Why would you think that you'd get off?

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