DENVER — Marijuana users and gun owners are not hard to find in Colorado. Now both communities are paying close attention to the U.S. Supreme Court, which announced Monday it will consider whether regular marijuana users can legally own guns.
Colorado and about half of the other states in the country have legalized recreational marijuana, but it’s still illegal federally.
A federal law bans those who are “an unlawful user of or addicted to any controlled substance” from owning or possessing a firearm. That includes regular users of marijuana.
A lower court ruled that law too often violates the Second Amendment’s right to bear arms, but the Trump Administration says the restriction is justified.
The administration’s petition to the Supreme Court asking to review the case says habitual drug users “present unique dangers to society” and “pose a greater danger than habitual users of alcohol.”
In 2019, Colorado state lawmakers introduced a bill to allow medical marijuana patients to own guns, but the legislation stalled and ultimately failed to become law.
Denver7 spoke with gun and marijuana advocates who dispute the latter assertion, and who want to see a change to allow more marijuana users to exercise their Second Amendment rights, while avoiding guns while actively impaired.
Edgar Antillon is president of Guns For Everyone — a national nonprofit based in the Denver metro — which certifies firearms instructors, operates national competitions, and provides courses for users.
“Freedom comes with responsibilities, and this is no different,” Antillon told Denver7 Monday. “But it's silly that we take freedoms away from certain people just because of politics… You're supposed to protect the Second Amendment, and protecting the Second Amendment is all the way across the board. Not just pick and choose whatever you want.”
Antillon said his organization is apolitical. While the Trump administration has campaigned on advocating for Second Amendment rights, Antillon said the president’s previous endorsement of red flag laws has made him a less favorable leader for gun owners than many would believe.
He went on to say that while he does not drink or use marijuana, those that do should have the ability to own guns.
“We feel the same way about other substances,” he added. “It's controversial. It's scary, but freedom is scary. And I go back to the same thing: I can only be as free as I allow my neighbors to be.”
Ashley Weber is executive director of NORML Colorado, which advocates for marijuana law reform and aims to protect cannabis consumers. She said she is a medical marijuana patient.
“Extremely surprised that they would take up this case, but also excited that we get to see where the laws align,” she told Denver7 Monday.
Weber pointed out that the issue tends to affect veterans who may use marijuana as a way to boost physical or mental recovery after their service.
“You know, they aren't able to use their medical marijuana license,” she said. “[The law] infringes on their ability to choose, really, between their medicine cabinet or their gun cabinet.”
Weber added a written statement about the case.
We stand in strong support of the Supreme Court reviewing this case. For too long, responsible medical cannabis patients have been forced to choose between their health and their constitutional rights.
Here in Colorado and across 38 states, patients use medical cannabis legally to manage chronic pain, PTSD, or disabilities — yet under outdated federal law, they’re labeled as ‘unlawful drug users’ and denied their Second Amendment rights. That’s not justice, that’s discrimination.
This hearing is about more than cannabis. It’s about fairness, safety, and recognizing that people who follow state law and medical advice shouldn’t lose fundamental freedoms. Federal policy needs to catch up with science, with compassion, and with the will of the American people. Federal law still treats cancer survivors and veterans as ‘drug users’ simply because their doctors recommended cannabis — that’s outdated and unfair. 80 % of Americans believe federal cannabis law should align with state law with 2/3rds of voters saying medical cannabis patients should retain firearm rights as any other law-abiding citizen.
It’s time to modernize our laws so patients in legal medical marijuana 38 states aren’t punished for their medicine — and so rights are protected equally for all “Patients shouldn’t have to choose between their medicine cabinet and their gun cabinet. The Supreme Court now has a chance to restore constitutional rights for millions of responsible, law-abiding Americans.”
The Supreme Court is expected to hear arguments and make a ruling next year.
Denver7 is committed to making a difference in our community by standing up for what's right, listening, lending a helping hand and following through on promises. See that work in action, in the videos above.