Colorado Moves To Protect Firearms Rights Of Medical Marijuana Users

Author: Lesley Hollywood

Marijuana and Guns
Colorado Moves To Protect Firearms Rights Of Medical Marijuana Users

Colorado – -( Colorado is one of the most diverse states in the nation –  and that shines when examining the political landscape.  This past election, Democrats captured a state majority of which has not been seen since 1936 – securing the governorship, both branches of the state legislature, as well as every other other statewide seat.

But simultaneously in 2018 voters exemplified their limited government, libertarian-ish values by rejecting ballot initiatives that would have raised taxes to fund education and transportation infrastructure, as well as soundly rejecting an initiative that would have limited new oil and gas drilling.  And in 2013, Democrat heavy districts recalled Democrat lawmakers over gun control.  Colorado may be blue, but they understand the importance of their gun rights.

In 2012, Colorado was one of the first states in the nation to legalize recreational marijuana.  This was a ballot initiative voters approved as a Constitutional amendment, and it is now ingrained in the state’s most sound legal document.

What many are unaware of is that medical marijuana has been legal in Colorado since 2000.  Medical purposes vary greatly.  Medicinally, marijuana is used for veterans with PTSD.  It has been proven to aid in reducing everything from seizures to Parkinson’s symptoms.  Terminal cancer patients regularly use it for pain.  The list goes on.  And many of the medical marijuana products contain little to no THC.

Just like recreational marijuana, medical marijuana is also espoused in the state Constitution – right next to firearms rights.  Unfortunately the legislature has never reconciled the two.

That will change if Republican State Senator Vicki Marble and Democrat House Representative Bri Buentello have their way.  Late last month, SB19-093 – “Firearms Rights for Medical Marijuana Users”, was introduced into the current legislative session.   This bill has support from those in the medical marijuana community, the veterans community, the firearms community, many from the healthcare community, and even the ACLU.

The bill clarifies that the department of public safety is prohibited from sharing confidential information relating to the medical marijuana registry with law enforcement for the purpose of conducting a background check related to the transfer of firearms.

What this does is protect the firearms rights of those who simultaneously possess a firearm (or were to inherit one) while also holding a medical marijuana card.  Unlike recreational marijuana users, medical marijuana card holders are added to a state registry.  In other states, such as Hawaii, this database has been used to confiscate firearms from those who use medical marijuana – regardless if they are a threat to the community.  Worry like this leaves those in need leary to seek help, as they fear being subject to similar action.

What this bill DOES NOT do is change any of the federal regulations – it is a protection from state infringement only.

Many have and will ask, “But if marijuana is legal in Colorado, why does this matter?” And that is a fair question. Here’s my answer:


In Colorado, when purchasing retail, non-medical marijuana, the purchase is subject to the 2.9% state sales tax plus any local sales taxes and an additional 15% state marijuana sales tax.  

Medical marijuana purchases are exempt from the 15% tax rate.  In a world of sky rocketing medical costs, opening access to tax free medical marijuana is what is fair.


For those who have been on pharmaceutical medications for their ailments – whether PTSD or pain – working with a doctor is critical.  Or simply if an individual were to choose the medical marijuana route after being giving a diagnosis of terminal cancer or chronic pain, having the opportunity to openly and willfully seek the guidance of a trained professional should be a no-brainer.  This is about true health care and compassion.

Bottom Line:

With a newly elected Colorado legislature who ran on the issues of fairness and compassion, it would be an injustice to those in need of medical treatment to not support this bill.  A bill that protects the gun rights of patients who choose to seek better health via medical marijuana.  A bill that will encourage those in medical need to seek help, rather than hide it.  A bill that allows individuals to take their healthcare into their own hands without the risk of losing their ability to defend themselves, or their loved ones.  A bill than can help get our communities off opiates.  And a bill that will lower healthcare costs.

This bill is set for a hearing on February 6, 2019 at 1:30pm in the State, Veterans, and Military Affairs Committee.  This is open to the public for both testimony and viewing.  If you would like to join with others from Rally for our Rights in support of this bill during the hearing, feel free to contact us or join our closed Facebook group for more information.

Regardless if you are able to attend this hearing, please contact the members of the State, Veterans, and Military Affairs Committee and urge them to support this legislation. 

Here is their contact information:

You can stay informed about other legislative happenings as well as alerts by connecting with us on social media and subscribing to our email list.

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About Rally for our Rights

Rally for our Rights is a non-partisan grassroots organization dedicated to defending and preserving the gun rights of all Amercians through frontline activism, tenacious political action, and community outreach.

  • 22 thoughts on “Colorado Moves To Protect Firearms Rights Of Medical Marijuana Users

    1. The issue of marijuana will never go away. The “Happy all the Time” people of this state, yes I live here, have control of the State Legislature mainly because of the pot head in Boulder, Colorado Springs and Denver. They have the nation fooled about haw great legalized marijuana is. Never is the true results presented. We have increase traffic accidents and deaths due to intoxication, higher vehicle insurance rates, higher rates of homelessness, higher rates of public support program usage and more programs, higher drug related crimes. The taxes on the sale of marijuana was promised to go to the schools. That was how many people were convinced to vote for the issue. Problem is the taxes raised goes to the general fund mostly. Our school are still some of the crappy one we had before. The only difference is now we have an even bigger drug problem in the schools. Now you want to give stoners back their guns? What a stupid idea. I am all for the 2nd Amendment, just keep the guns out of the hands of felons and druggie’s.

      1. You are right on target. These facts cannot be denied, yet they are or most often buried in any discussion of this issue.. This is mainly a result of my generation’s (I’m a Boomer) narcissism.

        1. 100% correct. Cops were already overworked by alcohol wrecks and deaths, NOW the pot accidents and driving impairments, being high (happy) are adding significantly to the problem. NOTHING is put out there on this fact by the libtard media. It’s all a $$$ scheme put in place to make the chosen few rich at the cost of the non high, innocent victim and over taxed police… You want to use pot, give up the gun.

    2. Left handed cigarettes (Marijuana )and The Devil’s Vomit (Alcohol) do not combine well. I’m aware it is federal law that one cannot have both in regards to dope. If you are hunting dove and drinking whiskey from a flask, then your $1700 shotgun should be stripped from your warm gloved hands.

      1. @GRF, To whom would you rat off your hypothetical drinking hunter to do the stripping from warm gloved hands for you? You always turn to force. Is that the limit of your vision? Why not lead your hypothetical hunter to some other activity (e.g. a meal and a nap).

    3. The legislators claim the legal use of pot will get people off Opiates. That is exactly opposite what I have always heard that pot leads to hard stuff. I don’t believe that any mind altering substance should be close to guns.

    4. Prohibition is prohibition. If you support a ban on pot you can’t oppose a ban on bump stocks.

      I don’t have, or use, either of those things, but I try to leave people the hell alone instead of sending death squads in government costumes to make them stop doing something I don’t approve of.

      1. @Jeff, poor analysis. There is Constitutional authority to prohibit pot. There is no Constitutional authority to prohibit firearms, and parts.

        1. “There is Constitutional authority to prohibit pot.” You must be referring to another countries Constitution. There is NO prohibition to prohibit “pot”. in the US Constitution. Not without major semantic issues.

    5. “Colorado may be blue, but they understand the importance of their gun rights.”

      Lesley Hollywood, I don’t know where you are getting your information, but the Colorado Legislature and Governor will do everything in their power to strip it’s citizens of guns. 2013 was only a test. They are going to go full bore from this point on.

    6. James Wagner, you are right. It makes no difference what the state says, it will still be illegal under federal laws to sell or transfer (or even loan) any firearm to a marihuana user. Any FFL holder who did so would have is license revoked.

    7. From Breck, Colorado- I’m for it. People have a first amendment right to use drugs and a second amendment right to own and carry firearms. You’re still responsible for the actions you commit with both. One day Federal law will get in line with the Constitution. And one day I won’t have to fly to Sidney Nebraska to get my mags. Both are pretty distant in the future though…

      1. Are the pothead legislators letting their citizens know that regardless of any medical registry, it is a felony to lie on the background check form 4473 and that a warning in bold type has been added for medical and recreational marijuana? Go ahead and lie, commit a felony, it is the Colorado way. What a bunch of dopes.

    8. James Wagner is absolutely correct. Any honest person would still be prohibited, by the Federal government from purchasing any new firearm for which they are required to complete an ATF Form 4473 – Firearms Transaction Record, under threat of a felony charge. That adds another reason not to enact the so called “Universal Background Check” that requires transactions between individuals to complete the same background documents as if buying a new firearm from an FFL dealer.

        1. @James Wagner, more than in the eyes of the Feds … in the local US Marshal’s lock up; in the Federal Bureau of Prisons; in every federal agency … Get rid of the unconstitutional Gun Control Act and you can have your dope and gun smoke, too!

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