States’ fight against Colorado marijuana laws on tap in fed court
A bid to stamp out Colorado’s recreational marijuana industry is scheduled to go before a federal appeals court Tuesday morning.
The U.S. 10th Circuit Court of Appeals in Denver will hear oral arguments in an appeals case that claims Colorado’s recreational cannabis laws fly in the face of federal controlled substances and racketeering laws.
The case, a consolidation of separate appeals backed by national anti-legalization groups, was joined last year by the states of Nebraska and Oklahoma, which were coming off a loss after the U.S. Supreme Court declined to hear the states’ case. The two argued neighboring Colorado violated the Constitution’s Supremacy Clause and “created a dangerous gap in the federal drug control system.”
“Nowhere is an implied public right of action for a state more important than in cases such as this, where states seek to preserve the union of federal law from departures by other states,” the attorneys general for Nebraska and Oklahoma asserted last April in their joiner to the appeals case.
Read the full story at thecannabist.co.
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