Following on the footsteps of Oklahoma and Nebraska seeking the federal government to stop the state regulated sale and cultivation of marijuana in Colorado, two residents of the state filed a lawsuit in the U.S. District Court in Denver hoping to put an end to state regulated marijuana use and production.
The case argues Colorado officials, including Governor John Hickenlooper and many of the businesses that worked to establish a cultivation business, are subject to federal racketeering laws commonly known as the Racketeer Influenced and Corrupt Organizations Act or RICO Act. The case also argues that the federal Controlled Substance Act preempts Colorado law and so the promotion of Marijuana sales in the state should be set aside.
In part of the case the plaintiffs allege that cultivation operations, “emit pungent, foul odors, attract undesirable visitors, increase criminal activity, increase traffic, and drive down property values.” The plaintiffs claim their property values and business have already been harmed due to the unsavory environment on land that is adjacent to their own.
While the case has the potential to stop the regulated sale and production of the drug in the state the Associated Press is reporting that Colorado Attorney General Cynthia Coffman released a statement saying she would “defend the state’s marijuana laws and our clients.”
Despite this initiative, the marijuana industry has been a boon to the Colorado state economy.
The website, thecannabist.co, a Denver based website dedicated to news about the marijuana industry, recently reported that marijuana sales in Colorado during 2014 totaled almost $700 million with over $60 million going into the state coffers, in no small part due to 23 percent of Colorado residents reporting almost daily marijuana consumption.