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Sheriffs Sue Colorado Over Legal Marijuana

March 06, 2015  | 

Sheriffs from Colorado and neighboring states Kansas and Nebraska say in a lawsuit that Colorado's marijuana law creates a "crisis of conscience" by pitting the state law against the Constitution and puts an economic burden on other states, reports USA Today.

The lawsuit asks a federal court in Denver to strike down Colorado's Amendment 64 that legalized the sale of recreational marijuana and to close the state's more than 330 licensed marijuana stores.

Lead plaintiff, Larimer County, Colo., Sheriff Justin Smith, calls the case a "constitutional showdown." Each day, he says, he must decide whether to violate the Colorado Constitution or the U.S. Constitution. Colorado legalized recreational marijuana sales Jan. 1, 2014, but marijuana remains illegal at the federal level.

Colorado is "asking every peace officer to violate their oath," Smith said. "What we're being forced to do ... makes me ineligible for office. Which constitution are we supposed to uphold?"

The out-of-state sheriffs say the flow of Colorado's legal marijuana across the border has increased drug arrests, overburdened police and courts and cost them money in overtime.

Comments (5)

Displaying 1 - 5 of 5

Ima Leprechaun @ 3/7/2015 8:26 AM

Far Out!

Steve @ 3/7/2015 11:11 AM

The plaintiff's theory seems to ignore Printz v. United States. Under the anti-commandeering doctrine, state and local officials - including law enforcement - have no obligation to enforce federal law.

Marshal @ 3/10/2015 7:31 AM

I am a police officer in Colorado and I will tell you this. I HATE the legalization of marijuana. The pot heads now think they can smoke it anywhere and do what they want. The crap stinks and that seems to be all we smell now. I have been doing this 20 years and feel that this is a slap in the face. For the neighboring states. Make possession of pot a felony to possess and hammer these idiots that bring it in. It is funny how Colorado will thumb its nose at the Feds but if a municipality tries it to the state to do what they want the state hammers them. How is that fair?

CB @ 3/11/2015 8:56 PM

Marshal - care to tell me how you feel about drunks? Steve has it right, your blue brothers in neighboring states have no obligation to enforce a federal law written by a corrupt legislature that half the country disagrees with on any given law.

Beyond that, prescription drugs and alcohol are more harmful. You dislike stoners for whatever reason, but you're apparently ignorant of the fact marijuana ingestion is as close as you can get to harmless. Even the studies suggesting it could be harmful to developing brains have been retracted.

You need to start reading or you're likely to become a mindless obedient drone.

JR @ 12/21/2015 5:07 PM

Marshal- there are far more dangerous things than marijuana; prescription drugs, alcohol, heroin, name it. Marijuana is pretty harmless in the grand scheme of things.

Incidentally, you should research why marijuana is illegal in the first place. It will open your it opened mine...

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