Pubdate: Sun, 22 Feb 2015
Source: Daily Local, The (PA)
Copyright: 2015 Associated Press
Contact:  http://www.dailylocal.com/
Details: http://www.mapinc.org/media/4704
Author: Kristen Wyatt, Associated Press

COLORADO RESIDENTS ARE FIRST TO ASK FEDS TO BLOCK LEGAL POT

Colorado already is being sued by two neighboring states for 
legalizing marijuana. Now, the state faces groundbreaking lawsuits 
from its own residents, who are asking a federal judge to order the 
new recreational industry to close.

The owners of a mountain hotel and a southern Colorado horse farm 
argue in a pair of lawsuits filed Thursday in U.S. District Court in 
Denver that the 2012 marijuana-legalization measure has hurt their 
property and that the marijuana industry is stinky and attracts 
unsavory visitors.

The lawsuits are the first in a state that has legalized recreational 
or medical marijuana in which its own residents are appealing to the 
federal government to block pot laws.

"It is a bedrock principle of the United States Constitution that 
federal law is the supreme law of the land," said David Thompson, a 
lawyer representing the plaintiffs.

The lawsuits are also the first to claim that federal racketeering 
laws allow them to win damages from pot businesses that f lout 
federal law. The plaintiffs have not specified amounts they would seek.

Experts say the racketeering approach is a new one.

"If these lawsuits are successful, it could be devastating for the 
industry," said Sam Kamin, a University of Denver law professor who 
helped craft Colorado's pot regulations. "But it will be very 
difficult for the plaintiffs to prove damages directly attributable 
to the marijuana industry."

Colorado Attorney General Cynthia Coffman released a statement saying 
she would "defend the state's marijuana laws and our clients" if the 
lawsuits go to trial.

Marijuana legalization supporters say that states are free to stop 
enforcing certain drug laws, as long as they don't try to overrule 
the federal Controlled Substances Act.

"Colorado has every right to stop punishing adults for using 
marijuana," said Mason Tvert, who ran Colorado's legalization 
campaign and joined about a dozen other legalization supporters who 
marched to the state Capitol on Thursday. They carried signs saying, 
"Regulation Works!"

One legalization backer, Democratic state Rep. Jonathan Singer, said 
the pot industry has boosted tax coffers and hurt the black market.

"The sky hasn't fallen. We're doing the right thing," Singer said.

Technically, federal law making pot illegal for any purpose remains 
in effect in the 23 states that have authorized its use for people 
with certain medical conditions. However, it's not clear how far the 
federal government can go to compel states to enforce drug laws.

For nearly 20 years, the U.S. Department of Justice has said that 
marijuana is illegal and that the federal government can enforce even 
small-possession crimes. However, U.S. authorities have left most 
enforcement to the states, saying they focus on larger drug crimes.

One of the lawsuits came from the owner of a Pueblo County horse 
farm, Hope Reilly, who said Thursday that she's "been horrified" to 
see a marijuana cultivation facility go up next door.

"This land means a great deal to me," said Reilly, who says the pot 
facility mars "spectacular views" of the Rocky Mountains.

Also suing is the owner of a Holiday Inn, who argues that a pot shop 
opening nearby is keeping away families.

"Marijuana businesses make bad neighbors," the lawsuit says. "They 
drive away legitimate businesses' customers, emit pungent, foul 
odors, attract undesirable visitors, increase criminal activity, 
increase traffic, and reduce property values."

The owner of the pot shop being sued by the hotel said Thursday he 
had no idea his neighbor even opposed his license. He said the hotel 
owner did not appear at public zoning hearings.

"It's kind of silly," said Jerry Olson, owner of Summit Marijuana, 
which hasn't yet opened.

Nebraska and Oklahoma also are suing Colorado for legalizing 
marijuana in 2012. Nine former heads of the U.S. Drug Enforcement 
Administration filed a brief Thursday with the U.S. Supreme Court 
supporting the two states.

Colorado's pot law "impinges on the interests of all citizens and the 
United States in a uniform and coherent national drug policy," the brief says.
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MAP posted-by: Jay Bergstrom