Colorado Attorney General Phil Weiser joined 19 state attorneys general in December 2025 arguing marijuana users should not possess firearms. Governor Jared Polis publicly disagreed February 2. “There is no reason that someone should be banned from exercising their Second Amendment right simply because they use marijuana,” Polis stated.
Colorado legalized marijuana in 2012.
Weiser’s amicus brief in U.S. v. Hemani argues “Habitual drug use is associated with unique dangers when combined with firearms.” The brief supports federal law 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who “is an unlawful user of or addicted to any controlled substance.” The statute applies regardless of state law.
All 19 attorneys general who signed are Democrats except Ohio’s Dave Yost. Weiser is running for governor in Colorado’s June 30 Democratic primary. His opponent is U.S. Senator Michael Bennet, who has supported marijuana legalization in the Senate.
Colorado Pols noted “both candidates have been looking for ways to distinguish themselves in the absence of major policy disagreements.” Bennet has not commented on Weiser’s Supreme Court position.
The Supreme Court hears oral arguments March 2, 2026. Thirty organizations filed briefs supporting gun rights for marijuana users, including the NRA, ACLU, and Cato Institute. The Trump administration asked the Court to uphold the ban. Polis posted his opposition on social media. He did not file an amicus brief or organize other governors to counter Weiser’s position. The Democratic primary occurs three months after the Supreme Court decides whether Colorado’s legal marijuana users can exercise Second Amendment rights. Polis’s first public disagreement with either gubernatorial candidate happened to damage the one who isn’t positioned to appoint him to the Senate.
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