Colorado Governor Breaks With AG on Federal Cannabis Gun Rights Case
Polis says state shouldn't support federal firearms ban for marijuana users in Supreme Court case
Colorado Governor Jared Polis has publicly distanced himself from his own state's legal position in a Supreme Court case that challenges whether marijuana users can be barred from owning firearms under federal law.
The Democratic governor said Colorado should not have joined an amicus brief supporting the federal prohibition, marking a rare public split between the state's executive and its attorney general on a high-profile cannabis policy matter.
"I personally oppose the legal position on this," Polis stated, according to officials familiar with his remarks. The governor's pushback comes after Colorado Attorney General Phil Weiser signed onto a brief defending the federal ban—a move that caught cannabis advocates and gun rights supporters off guard in a state that has both legal marijuana and strong Second Amendment protections.
The Legal Conflict
The case before the Supreme Court centers on whether the federal prohibition on gun ownership for cannabis users violates the Second Amendment. Under current federal law, anyone who uses marijuana—even in states where it's legal—is prohibited from purchasing or possessing firearms. The law requires gun buyers to attest they don't use cannabis on ATF Form 4473, making it a felony to lie on the form.
Colorado legalized recreational marijuana in 2012, making it one of the first states to do so. The state now has a mature cannabis market generating over $400 million in annual tax revenue. Yet the federal government still classifies marijuana as a Schedule I controlled substance, creating a legal gray area for the estimated 800,000 Colorado residents who use cannabis.
Weiser's office joined attorneys general from other states in arguing that the federal ban serves a legitimate government interest in public safety. But that position puts Colorado at odds with its own cannabis industry and the voters who approved legalization more than a decade ago.
Industry and Political Response
Cannabis industry groups have long argued that the federal firearms prohibition forces legal marijuana users to choose between their Second Amendment rights and state-legal cannabis consumption. The conflict has created compliance headaches for dispensaries, which must advise customers about federal restrictions while selling a product their state has deemed legal.
"You have millions of Americans who are following state law but are technically federal criminals," said one cannabis policy attorney who requested anonymity to speak candidly about the case. "Colorado's position was particularly jarring given the state's leadership role in cannabis reform."
The governor's public disagreement with his attorney general is unusual in state politics. Attorneys general typically operate independently on legal matters, but governors rarely contradict their positions so directly. Polis, who has been a consistent supporter of marijuana legalization dating back to his time in Congress, appears to view this case as crossing a line.
What's Next
The Supreme Court has not yet announced when it will hear oral arguments in the case, though a decision is expected before the end of the current term in June 2025. The outcome could affect millions of cannabis users nationwide and potentially force Congress to address the conflict between state and federal marijuana laws.
Several legal experts suggest the Court's recent expansion of Second Amendment protections in other cases could work in favor of cannabis users. But the federal government has consistently defended the prohibition as necessary for public safety, arguing that marijuana use impairs judgment and increases risks associated with firearm possession.
For Colorado, the internal disagreement highlights the ongoing tensions created by federal cannabis prohibition. Even in states with mature legal markets, conflicts between state and federal law continue to create legal uncertainty for consumers and businesses alike.
The case could also influence how other states with legal cannabis programs approach similar federal conflicts. Several state attorneys general have taken different positions on the firearms ban, reflecting the complex politics of an issue that crosses traditional partisan lines.
This article is based on original reporting by www.marijuanamoment.net.
Original Source
This article is based on reporting from Marijuana Moment.
Read the original articleOriginal title: "Colorado Governor Is ‘Pushing Back’ Against His Own State’s Position Supporting Federal Gun Ban For Marijuana Consumers"
Related Topics
Related Stories
LegislationWashington House Approves Medical Cannabis Access for Terminally Ill
Washington's House voted 89-6 to allow terminally ill patients to use medical cannabis in hospitals and hospice facilities. The bill now heads to the state Senate.
LegislationOregon Bill Would Cap Individual Edibles at 10mg THC
Oregon legislators are considering a bill to ban individual marijuana edibles with more than 10mg THC, prompting debate over whether education or prohibition better serves public safety.
LegislationNRA Files Brief Supporting Cannabis Users' Gun Rights in Supreme Court Case
The NRA has joined marijuana reform groups in urging the Supreme Court to overturn federal gun ownership restrictions for cannabis users, arguing the ban violates Second Amendment rights in states where marijuana is legal.
More from David Okonkwo
View all articles
New Hampshire Senate Committee Kills House Marijuana Legalization Bill
Ohio's DeWine Dismisses Cannabis Rollback Critics as Referendum Looms
Alaska Task Force Backs Psychedelic Therapy Framework Tied to FDA Action
