Judge Dismisses Pueblo County And State Agencies From Suit

[+Malamute]

http://www.koaa.com/story/31017230/judge-dismisses-pueblo-county-and-state-agencies-from-suit

 

Judge dismisses Pueblo County and State agencies from suit

 

Decision:

 

blackburn order_re_-_motions_to_dismiss.pdf

 

 

PUEBLO COUNTY -

Marijuana legalization in Colorado was strengthened by a recent federal court ruling challenging the legitimacy of the state law.  US District Court Judge Robert E. Blackburn of the District of Colorado dismissed Pueblo County and the State of Colorado from a lawsuit that named local and state regulatory bodies as defendants.

 

The suit was brought by Hope and Michael Reilly who own a ranch in Colorado City near a planned marijuana grow op. Their lawyers argued the regulatory agencies broke the Federal Preemption and Racketeer Influenced and Corrupt Organizations (RICO) Act by licensing business who operate in violation of the Federal Controlled Substances Act. They also claimed the Supremacy Clause of the US Constitution lets federal law trump Amendment 64. 

 

Judge Blackburn disagreed declaring in his Order to Dismiss that it is up to the US Attorney General and Department of Justice to assert federal supremacy when enforcing the law. He also cited legal precedent that limits courts and private litigants from interfering with the AG's prosecutorial discretion.

Commissioner Terry Hart said the ruling was a relief.

 

"We feel strongly that our job is to uphold the will of the citizens and the courts basically upheld that and that's what governments should do."

 

The order only extends to the government defendants in the case and not the businesses. Nevertheless, Attorney Matthew Buck, who represents those business owners, the thinks the ruling bodes well for them.

 

"We think that the judges order telegraphs the government's plans to likely dismiss the suit against all parties," Buck said.

 

It cost Pueblo County over $100,000 to defend the case. Hart says the ruling allows the county to recoup some of that expense.

 

"I don't know if we'll get reimbursed the entire amount, usually you don't. Usually you don't get all of your attorneys fees, but there are certain costs that will get reimbursed."

 

He adds that the money for the legal defense came from marijuana licensing fees and taxes. Both Hart and Buck indicated that they believed the lawsuit was politically motivated and wouldn't be surprised if the plaintiffs appealed the ruling.

 

Colorado Attorney General Cynthia H. Coffman defended Governor John Hickenlooper as well as the heads of the state Department of Revenue and the Marijuana Enforcement Division in the case. 

 

"I am committed to defending all pending cases challenging Colorado's decision to legalize recreational marijuana," Coffman said in a written statement to News 5. "I continue to believe these cases lack merit and are not the way to fix America's marijuana policy; a policy which continues to raise significant challenges for our state and legitimate concerns by our neighbor states."

 

 

 

[AmishRnot4ganja]

The way to "fix America's marijuana policy" is to legalize it at the federal level.

Look at the "problem" rationally. Don't let fear cloud your judgment. The illegality of marijuana has caused more problems than use of the drug has caused.