Author Topic: New Marijuana Laws in Colorado and CCW  (Read 2322 times)

James

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New Marijuana Laws in Colorado and CCW
« on: June 02, 2014, 07:45:36 PM »
I am not a current Marijuana user, but am curious how it will pertain to CCW permit restrictions with the new laws in Colorado. I know it is illegal to use alcohol why possessing a concealed weapon, but not illegal to have it in your possession. For instance having a concealed weapon on you, while coming home from the liquor store with a 12 pack of you preferred beer. Would this be the same case with Marijuana? Now that it is legal, would it be ok to have it in your car while having a concealed weapon, as long as your not actively using the substance while driving or under the effects of it. So for example coming home from purchasing it, but not consuming it.

Appreciate you thoughts on this, just want to make sure if I choose to exercise the choice in the future I am doing it legally.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: New Marijuana Laws in Colorado and CCW
« Reply #1 on: June 05, 2014, 10:41:07 AM »
Great question James,

Our impression is that from a state law perspective, it is analogous to your situation with possessing alcohol in the vehicle but not consuming. Notwithstanding coming to that conclusion at the state level, we can come to a somewhat different result when we throw in the fact that the marijuana, unlike the transporting of alcohol, is by the very possession of the marijuana, illegal under federal law. The question then becomes: "Is there an offense created by the fact I am possessing a firearm while committing a federal offense of possession of marijuana?"

As a practical matter, we would have a very difficult time envisioning a federal prosecution based upon the fact a person possessed marijuana and at the same time was in the possession of a legally owned and maintained firearm.  The practical conclusion would be that there should not be a problem at the federal level, notwithstanding the illegal possession of marijuana.  

At the state level, we would want to take a little further look at the law as it relates to possession of an otherwise legally possessed firearm. However, our instincts are that the two elements can lawfully be combined.  

Hope that helps.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

DurangoNomad

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Re: New Marijuana Laws in Colorado and CCW
« Reply #2 on: February 09, 2018, 03:04:22 PM »
Great question and great answer.  Thank you.