Saturday, February 21, 2015

Injured by a drug conspiracy

Anica Padilla writes for ABC7 in Denver:
Colorado is already being sued by two neighboring states for legalizing marijuana. Now the state faces an additional federal lawsuit from some of its own citizens.

The lawsuit being sponsored by a group called the Safe Streets Alliance (SSA) argues Colorado is violating federal laws prohibiting the production, sale, and possession of marijuana.

"Because state and local government actions that promote the marijuana industry directly conflict with the federal Controlled Substances Act ("CSA"), those actions are preempted under the Supremacy Clause of the United States Constitution and must be set aside," the lawsuit states.

Phillis Windy Hope Reilly and Michael P. Reilly are cited as co-plaintiffs.

"The Reillys are Colorado property owners who have been injured by a conspiracy to cultivate recreational marijuana near their land," the lawsuit states.

"Marijuana businesses make bad neighbors. They emit pungent, foul odors, attract undesirable visitors, increase criminal activity, increase traffic, and drive down property values," the lawsuit claims.

The plaintiffs are appealing to federal courts to try to shut down Colorado's $800-million-a-year marijuana industry.

"After five years of federal non-enforcement, the inevitable result has been easy youth access to marijuana, the deterioration of neighborhoods where the marijuana industry openly operates, and the rise of the drug culture everywhere," SSA states.

Colorado is also being sued by Nebraska and Oklahoma for legalizing marijuana in 2012. In that case, Colorado has until March 27 to tell the U.S. Supreme Court why it thinks Nebraska and Oklahoma are wrong.

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