Sheriffs from Colorado and neighboring states Kansas and Nebraska say in a lawsuit to be filed Thursday that Colorado’s marijuana law creates a “crisis of conscience” by pitting the state law against the Constitution and puts an economic burden on other states.
The lawsuit asks a federal court in Denver to strike down Colorado’s Amendment 64 that legalized the sale of recreational marijuana and to close the state’s more than 330 licensed marijuana stores.
Lead plaintiff, Larimer County, Colo., Sheriff Justin Smith, calls the case a “constitutional showdown.” Each day, he says, he must decide whether to violate the Colorado Constitution or the U.S. Constitution. Colorado legalized recreational marijuana sales Jan. 1, 2014, but marijuana remains illegal at the federal level.
Colorado is “asking every peace officer to violate their oath,” Smith said. “What we’re being forced to do … makes me ineligible for office. Which constitution are we supposed to uphold?”