Two lawsuits filed in federal court Thursday aim to shut down Colorado’s regulated marijuana industry, claiming that the state’s recreational marijuana laws are in violation of federal law.
The suits, filed by the anti-drug group Safe Streets and three other plaintiffs, target a number of Colorado lawmakers, including Gov. John Hickenlooper (D), Revenue Department Executive Director Barbara Brohl and Marijuana Enforcement Division Director W. Lewis Koski. They allege that by allowing for a regulated marijuana market, these lawmakers are breaking federal law, which considers the plant illegal.
But going a step beyond simply suing the state, the plaintiffs — Phillis Windy Hope Reilly, Michael P. Reilly and New Vision Hotels Two, the corporate owner of a Holiday Inn in the state — are also going after participants in Colorado’s commercial marijuana industry. Citing federal racketeering laws, the plaintiffs are seeking damages due to alleged injury brought on by legalization.
The suits name as plaintiffs a number of participants in Colorado’s marijuana industry, including various marijuana businesses and their owners, as well as several parties who have provided support for those businesses through banking, insurance and accounting services. The suits even name a construction company, claiming that it agreed to transport water to a marijuana grow.
–
But advocates for marijuana policy reform say this week’s lawsuits are misguided. They say they doubt the litigation will be successful in dislodging Colorado’s marijuana laws and industry.
“Colorado has no obligation to punish adults for using marijuana and every right to take steps to control it,” said Mason Tvert, communications director for the Marijuana Policy Project. “It’s hard to imagine why anyone would prefer marijuana be controlled by criminals instead of by tightly regulated businesses.”
“If drug cartels relied on litigation instead of violence,” Tvert added, “this is the lawsuit they would file.”
