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Gun Rights for Medical Cannabis Patients in Colorado

Gun Rights for Medical Cannabis Patients in Colorado

Colorado has legalized marijuana use for medical purposes since 2000 and for recreational purposes since late 2012. Colorado voters approved Amendment 20 on November 7, 2000, changing the state constitution to permit the use of marijuana in the state for qualified patients with a valid medical authorization. A majority of voters — 54% — supported the amendment.

Patients are allowed to possess up to 2 ounces (57 grams) of medical marijuana and a maximum of six marijuana plants under the terms of this statute (no more than three of these mature flowering plants at a time). Patients who are found in possession of more than this may assert an “affirmative defense of medical necessity”. However, they are not granted the same legal protections as those who follow state regulations. Additionally, doctors may suggest to the state that a patient have the right to possess additional medication and grow additional plants due to the patient’s unique medical needs. Cancer, glaucoma, HIV/AIDS, multiple sclerosis, cancer, chronic pain, chronic nervous system disorders, epilepsy and other conditions marked by seizures, persistent pain, cachexia, and nausea. In addition, patients are prohibited from using medical marijuana in public areas, in plain view, or in a way that endangers others.

Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Colorado?

Yes. According to current law, a sheriff has the authority to reject an application for a concealed handgun permit if the applicant is either not allowed to own a firearm under Colorado or federal law or is an illegal user or addict of a prohibited substance as defined by federal law or regulation. 

Bill SB19-093 was introduced in February 2019, but was postponed indefinitely the following month. According to the bill, possessing or using medical marijuana does not make a person ineligible to own a firearm under federal law or make them an illegal user or addict of a restricted substance under Colorado law. The measure also makes it clear that the department of public safety is not permitted to provide law enforcement with private information regarding the medicinal marijuana registry in order to perform a background investigation for the transfer of guns. 

Can You Take Your Gun to a Dispensary in Colorado?

For concealed carry, Colorado is a “shall-issue” state, which means you get the license from the state with no discretion as long as you satisfy all the requirements and pass the background check. The county sheriff issues the permits, which are valid for five years. Candidates must prove their proficiency with a firearm through training. It is permitted to carry a concealed weapon “in all areas of the state,” except for some federal properties, K–12 schools, and structures with fixed security checkpoints like courthouses.

It’s generally acceptable to openly carry a pistol, as well as have one in your possession while driving, whether it’s on display or hidden.  Local governments have the power to enact laws that forbid open carry in particular structures or public areas. For instance, open carry is prohibited throughout the city according to a Denver ordinance. The only places where open carry is strictly prohibited by local governments are those that are under their direct control, such as municipal buildings, police stations, etc.

It depends on which city you live in, but guns can be openly carried or concealed in dispensaries with a license.

Can You Consume CBD and Own a Gun in Colorado?

Colorado residents are permitted to buy CBD products manufactured from industrial hemp as long as the THC content doesn’t go above the legal threshold of 0.3%. Colorado has no age restrictions for industrial hemp-derived CBD products. You can legally buy CBD made from marijuana at dispensaries if you’re 21 or older, but keep in mind that there are restrictions on how much marijuana you can buy and own.

You can legally use CBD while in Colorado and possess a firearm if you keep these things in mind.

TMCC Admin Team

TMCC Admin Team

View all posts by TMCC Admin Team

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