Tenth Circuit Rules that State Legal Marijuana Violates Federal Law
Dear Clients and Colleagues:
Today the Tenth Circuit Court of Appeals issued its published decision in Standing Akimbo v. United States. The decision is located here.
It is a 39-page decision. There is a lot of complexity but it is generally unfavorable to the marijuana industry and the Colorado laws and constitution supporting marijuana. Here are some bullet points from the decision:
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The State of Colorado is bound by this decision. While the State of Colorado, did not answer or defend, the Tenth Circuit Determined that the State was nevertheless a party sufficient to be bound by this decision.
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While the Tenth Circuit stopped short of actually declaring the Colorado laws invalid under preemption, it made clear that Colorado was violating federal law. The Court stated: “[T]he CSA reigns supreme. . . The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. . . [S]tate legalization of marijuana cannot overcome federal law. . . So, despite legally operating under Colorado law . . .” such persons are conducting “unlawful activities” under federal law.
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The Tenth Circuit reaffirmed its posit
Colorado Stay at Home Restrictions for Medical and Retail Marijuana Dispensaries
Dear Community,
We hope this message finds you and your family safe and well. These past few weeks have presented unprecedented challenges to all of us.
We have prepared a brief operational guideline, below, for Colorado medical and retail marijuana dispensaries. We realize it may be difficult to navigate the various orders that have been issued and want to provide some guidance.
The current stay at home order in effect in Colorado is the Third Updated Public Health Order 20-24, Implementing Stay at Home Requirements, dated April 1, 2020. You can find the order here .Boulder County, Jefferson County, Arapahoe County, Adams County, and Douglas County have each formally rescinded their local level stay at home orders and adopted the state’s order. See the announcement here .
Similarly, the City of Denver amended the Denver Stay at Home Order to adopt the State of Colorado’s CDPHE Stay at Home Order. All subsequent State of Colorado Stay at Home Orders are automatically adopted by the City of Denver. It is unlawful to violate the stay at home order, and any person who fails to comply with Denver’s Order may also be subject to a civil penalty of up to $999.00. See...more
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