Sheriffs from Colorado, elsewhere sue state over legal pot

[aGameOfThrones]

DENVER (AP) -- Ten sheriffs from three different states sued Colorado Thursday for decriminalizing marijuana — joining a handful of recent legal challenges urging courts to strike down the state's legalization of recreational pot.

The sheriffs from Colorado, Kansas and Nebraska say that Colorado's 2012 marijuana legalization vote violates federal law.

"A state may not establish its own policy that is directly counter to federal policy against trafficking in controlled substance," the sheriffs argue in the lawsuit filed in U.S. District Court in Denver.

The lawsuit is the latest legal challenge to legal weed. Nebraska and Oklahoma have appealed to the U.S. Supreme Court to strike down marijuana legalization in Colorado. The Supreme Court hasn't said yet whether it will hear that case.

A group of Colorado residents have filed their own federal challenge, saying marijuana reduces property values.

The sheriffs note that more than half of Colorado's recreational pot sales last year were sold to out-of-state visitors, according to data from Colorado's marijuana regulators. The sheriffs say the weed is spilling across state lines. Even in Colorado, the sheriffs say, legal weed forces police officers to violate federal drug law.

"The scheme enacted by Colorado for retail marijuana is contrary and obstructive" to federal drug laws, the sheriffs argue.

Marijuana legalization opponents joined a news conference in Washington, D.C., Thursday and praised the legal challenges.

"Although states should be able to determine appropriate penalties, we need uniform federal drug laws regarding legalization," Kevin Sabet, head of the group Smart Approaches to Marijuana, said in a statement.

But the lawsuit was brushed off by others, including U.S. Rep. Jared Polis, a Colorado Democrat who supports legal marijuana.

"This lawsuit is a silly attempt to circumvent the will of Colorado voters and is a waste of time," Polis said in a statement.

http://news.yahoo.com/sheriffs-color...185852133.html

[Uriel999]

So...$#@! them...

[The Gold Standard]

We'll soon find out how resolute these states are about defying their federal masters. One of these courts will ultimately rule against Colorado because of the supremacy clause. I'm guessing they will fold like bitches. Better enjoy your legal weed while you can.

[nobody's_hero]

How exactly is weed forcing police officers to violate federal law? Are the officers carrying it across state lines?

[squarepusher]

How exactly is weed forcing police officers to violate federal law? Are the officers carrying it across state lines?

its reducing their budgets! they must be furious.

[anaconda]

How exactly is weed forcing police officers to violate federal law? Are the officers carrying it across state lines?

I don't think the assertion is that the cops are violating federal law, but rather the states are.

[Acala]

We'll soon find out how resolute these states are about defying their federal masters. One of these courts will ultimately rule against Colorado because of the supremacy clause.

Maybe, but it would be a wildly incorrect ruling. Nothing in the Supremacy clause requires that states adopt their own version of Federal law nor does it require the states to enforce Federal law.

[NoOneButPaul]

I'm literally weeks away from starting my grow job here. $#@! these people they have no right to control something found over and over to be less toxic than both alcohol and tobacco. The state's people said they wanted it and a group of 10 people have no right to decide for them that they're wrong. This state is the most beautiful place i've ever been and it's in large part because of how great the people are.

No one here gives a $#@!, you LOST, get the $#@! over it!

[The Gold Standard]

Maybe, but it would be a wildly incorrect ruling. Nothing in the Supremacy clause requires that states adopt their own version of Federal law nor does it require the states to enforce Federal law.

Yeah, I'm pretty sure nearly every ruling in regards to the Constitution has been an incorrect ruling in the last 200 years.

[JK/SEA]

Elvis has left the building, i repeat, Elvis has left the building.

Condensed explanation is....$#@! OFF AND DIE Mr. Sheriff (s)

[Todd]

legalize it in all states. Problem solved.

[jmdrake]

I don't think the assertion is that the cops are violating federal law, but rather the states are.

Are the states preventing the DEA from carrying out drug busts in Colorado? If not, they aren't violating federal law. This case should get tossed. It's well established precedent that the federal government cannot commandeer the legislative process of a state. Marijuana is still illegal in Colorado in the sense that federal prosecutors and federal agents can still enforce federal law. There's just not enough resource for them to really do that. In the past federal agents have raided medical marijuana clubs in California when the owners became too flamboyant.

[Scrooge McDuck]

This is why we need a President Paul with Attorney General Andrew Napolitano.

[jmdrake]

We'll soon find out how resolute these states are about defying their federal masters. One of these courts will ultimately rule against Colorado because of the supremacy clause. I'm guessing they will fold like bitches. Better enjoy your legal weed while you can.

Actually the supremacy clause does not apply. Colorado's law does not nullify federal law. Obama could order DEA raids tomorrow on every pot business in Colorado. Colorado no longer prosecutes people for marijuana in state court. There is long precedent that federal government cannot commandeer the state legislature and force states to pass laws that it wants. It can entice states to pass certain laws and it does so through grant money. All of these lawsuits should get tossed.

But......

If they don't that's really a win for us. Rand should come out strong for passing federal legislation overturning the ruling. He'll be guaranteed to win Colorado in the primary and the general if he does that. Such a move would help him in states where medical marijuana is legal as well.

[Anti Federalist]

LOL @ "We just enforce the law. If you don't like the law, change it."

[rg17]

Why are these $#@! cops being so scared of a natural plant that cures cancer and other diseases!

[pcosmar]

There are ten Sheriffs that just identified themselves as needing to be replaced.. immediately.

they have no concept of what their job is..

[Sola_Fide]

We'll soon find out how resolute these states are about defying their federal masters. One of these courts will ultimately rule against Colorado because of the supremacy clause. I'm guessing they will fold like bitches. Better enjoy your legal weed while you can.

I agree. The states won't stand up. Yay federalism

[Sola_Fide]

LOL @ "We just enforce the law. If you don't like the law, change it."

Exactly...

[nobody's_hero]

I don't think the assertion is that the cops are violating federal law, but rather the states are.

It's this sentence that doesn't make sense to me:

"Even in Colorado, the sheriffs say, legal weed forces police officers to violate federal drug law."

What is it that the officers are doing which violates the federal drug laws? Are they stealing it? Are they carrying it across the state border? It's a bull$#@! claim, is what I'm saying.

[Warlord]

$#@! the LEO's!

[surf]

There are ten Sheriffs that just identified themselves as needing to be replaced.. immediately.

they have no concept of what their job is..

specifically:

The Colorado plaintiffs are Larimer County Sheriff Justin Smith, Yuma County Sheriff Chad Day, Elbert County Sheriff Shayne Herp, Hinsdale County Sheriff Ronald Bruce, Kiowa County Sheriff Casey Sheridan and Delta County sheriff Frederick McKee.

The Nebraska plaintiffs are Deuel County Sheriff Adam Hayward, Deuel County Attorney Paul Shaub, Cheyenne County Sheriff John Jenson and Scotts Bluff County Sheriff Mark Overman.

The Kansas plaintiffs are Sherman County Sheriff Burton Pianalto and Charles Moser, attorney for Sherman, Wallace and Greeley counties.

[Mach]

Does anyone know where these Sheriffs get their lawsuit, business, travel etc.. etc... funding for all of this?

[Dr.3D]

$#@! the LEO's!

With all those STD's going around, I'll pass on that.

[Stratovarious]

Colorado, Kansas and Nebraska ;

Decriminalize it, there never should have been laws stopping people from smoking the whacky weed.

I think pot is lame , but I could care less how others choose to entertain themselves.

..

[Stratovarious]

Does anyone know where these Sheriffs get their lawsuit, business, travel etc.. etc... funding for all of this?

No knock Police Home Invasions
Asset Forfeiture ?

And probably some federal money, that's helping turn them into the Navy Seals...and the SS.

[rg17]

Does anyone know where these Sheriffs get their lawsuit, business, travel etc.. etc... funding for all of this?

Maybe our taxes?

[Mach]

No knock Police Home Invasions
Asset Forfeiture ?

And probably some federal money, that's helping turn them into the Navy Seals...and the SS.

No way?

They can't use State funds, taxes, I thought maybe their Sheriffs Association, but it better not be any kind of public money.... or I'll sue out of a "crisis of conscience."

---

You know the real joke with these dummies.... all of the press this gets just helps marijuana legalization everywhere, even more.

Very interesting to go into local news sites etc. and see what the people that actually live in those legalized states are saying.

retired Los Angeles Police Department Deputy Chief Stephen Downing said:

"It's money, In many states, the city government expects police to make seizures, and they expect these seizures to supplement their budgets."
"The only difference now compared to the times of alcohol prohibition is that, in the times of alcohol prohibition, law enforcement—the police and judges—got their money in brown paper bags. Today, they get their money through legitimate, systematic programs run by the federal government. That's why they’re using their lobbying organizations to fight every reform."

---

THE LAWSUIT

http://www.scribd.com/doc/257774296/Marijuana-Lawsuit

[Mach]

Larimer County Sheriff Justin Smith Facebook post.... Federal/State Law "crisis of conscience"

Let me get this correct: Obamacare is so popular with the American people that they rushed to sign up this week, at the last hour of the last day, many with massive subsidies paid for by you and me- and only under the threat of fines by the federal government?

I’m not sure that qualifies as success. Maybe a good April Fools Joke.

He's all for Federal Marijuana laws, so much so, he has to take it to court, but not Federal Healthcare Laws?

http://www.coloradoan.com/story/news...ey=&autologin=

Comment from that link....

My most vivid recollection of this was a snazzy performance art piece he pulled off in FC Council Chambers in which a gas mask and hazmat suit were produced to emphasize how incredibly dangerous it is to grow a plant ... marijuana. How ironic, I thought, usually gas masks are the stage props of performance artists from the other end of the political spectrum.

This Sheriff is a joke.

[Mach]

Interesting, I..... did not know that........

Comment section

http://www.coloradoan.com/story/news...uana/24429887/

Florida Right to Grow

Let it be known that the National Sheriffs Association is carrying out a plan of obstruction across state lines in defiance of the Spending Bill passed by Congress and Signed by the President. The Winter convention held in Washington DC, January 28 2015 was a national conspiracy meeting to attack MJ laws and obstruct medical marijuana laws in all states. Sheriffs do receive federal funds. The spending bill clearly bars any DOJ funds from being used against marijuana reform. The Sheriffs have formed a syndicate across state line in violation of the RICO. Whether they are doing this in partnership with the cartels or for some other nefarious purpose is unclear. What is clear is that they are violating the law and attacking the will of the people for self interests. They should stand down and cease and desist orders need to be brought to the entire network until an investigation can uncover the motives and prosecute those who have broken the law. We cannot have a Gestapo police force running around America harassing citizens for Prohibition offenses, even trying to change constitutional amendments in smarter states.