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Invisibletrampis
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Registered: 01/01/06
Posts: 3,545
Sheriffs from Colorado, elsewhere sue state over legal pot
    #21367863 - 03/05/15 07:26 PM (9 years, 2 months ago)

Source.

Quote:

Sheriffs, lawyers from 3 states sue Colorado over marijuana legalization

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.

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.

Colorado's attorney general's office, which will defend the state pot law in all three lawsuits, did not immediately respond to the sheriffs' filing Thursday.

Colorado has until March 27 to respond to the lawsuit from Nebraska and Oklahoma.



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Offlineanarchyfan
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Registered: 04/04/13
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: trampis] * 3
    #21367981 - 03/05/15 07:55 PM (9 years, 2 months ago)

The police aren't responsible for federal drug law, and frankly it is on overreach for the executive powers of a state to take judicial action around lawmakers when there has been no breaking of law the executive is responsible for enforcing.  There is a reason it is called state law.  We do not elect law makers to allow sheriffs to dictate what is law.  The sheriff serves the state and the constitution, not the dea.  If they want to make more pot busts then they should do a better job and use their own resources to fund their personal vendetta against people who like being high.

Edited by anarchyfan (03/06/15 11:33 AM)

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InvisibleLe_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: anarchyfan] * 7
    #21367998 - 03/05/15 07:59 PM (9 years, 2 months ago)

Last I heard it was "government of the people, by the people and for the people" not "government of the cops, by the cops, and for the cops".

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InvisibleStargate
Addicted To Growing


Registered: 05/26/14
Posts: 1,124
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: Le_Canard] * 5
    #21368042 - 03/05/15 08:10 PM (9 years, 2 months ago)

Is it legal to sue the people trying to sue Colorado on this subject?


--------------------
From before I started growing gourmet mushrooms:

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InvisibleShiithead
Your Huckleberry
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Registered: 04/05/13
Posts: 10,102
Loc: God's Flat Green Earth
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: Le_Canard]
    #21368069 - 03/05/15 08:17 PM (9 years, 2 months ago)

And since when did cops give a hoot about breaking the law???

They do not care about the law. They care about their federal incentives to bust people with drugs. Cannabis being a massive contributor to their funds. If anything they should be celebrating. But they know their cash-cow won't last when other states see all the money to be made. The feds might even be forced to change its scheduling without sound evidence disproving the beneficial qualities it has.


--------------------

Ephesians 6:12
For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.
Psalm 12:6
The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times.
Hebrews 11:3
Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear.
Revelation 3:11
Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.

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Offlinemusiclover420
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Registered: 11/06/12
Posts: 19,563
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: Shiithead] * 4
    #21368171 - 03/05/15 08:44 PM (9 years, 2 months ago)

Hopefully all these stupid lawsuits speed up the un scheduling of cannabis if anything.


--------------------
Don't worry about me, I've got all that I need. And I'm singing my song to the sky

You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free


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OfflineAll We Perceive
Sea Cucumber
Male


Registered: 09/24/07
Posts: 10,491
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: musiclover420] * 1
    #21368190 - 03/05/15 08:47 PM (9 years, 2 months ago)

how do the cops have standing on this?  doesn't make too much sense.


--------------------


"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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InvisibleShiithead
Your Huckleberry
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Registered: 04/05/13
Posts: 10,102
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: All We Perceive]
    #21368225 - 03/05/15 08:53 PM (9 years, 2 months ago)

Maybe if they weren't cracking old ladies heads in and raping people of their rights, someone might give them the time of day... I know I don't.

Anymore I don't support law enforcement unless I know you. It is kinda like blindly supporting the troops. You shouldn't support them unless you know them. Then you should support that individual.


--------------------

Ephesians 6:12
For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.
Psalm 12:6
The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times.
Hebrews 11:3
Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear.
Revelation 3:11
Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.

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Offlinefbi365
Captain of the Sinking Ship
Male


Registered: 02/07/11
Posts: 2,857
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Last seen: 7 months, 26 days
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: All We Perceive]
    #21368432 - 03/05/15 09:48 PM (9 years, 2 months ago)

Quote:

All We Perceive said:
how do the cops have standing on this?  doesn't make too much sense.




That's a good question.  It will be one of the first things the court considers.  They have just filed the lawsuit.  The court will have to determine if they have standing to proceed.  On its face they have a good case.  Article VI of the US Constitution makes federal law supersede state law.  Just because they have a case constitutionally, doesn't mean they can show a concrete harm to their interests to gain standing to bring a lawsuit.  The standing decision, to me, hinges on to what extent they can demonstrate their interest lies in enforcing federal law as county sheriffs.  It is a jurisdiction issue.  *edit* and a supremacy issue. 

You may read the lawsuit here.


--------------------



Edited by fbi365 (03/05/15 10:20 PM)

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OfflineAll We Perceive
Sea Cucumber
Male


Registered: 09/24/07
Posts: 10,491
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: fbi365]
    #21368501 - 03/05/15 10:08 PM (9 years, 2 months ago)

Very intriguing; thanks for posting.  These "harms" seem very nebulous.  I look forward to the briefing.


--------------------


"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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Offlinefbi365
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Registered: 02/07/11
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: All We Perceive]
    #21368559 - 03/05/15 10:26 PM (9 years, 2 months ago)

Standing often is.  There are whole fields of law based on tenuous standing.  Take environmental law for instance.  My feeling on this is that the court will not extend them much leeway on standing interpretation.  But remember that neighboring states are part of the lawsuit.  They might have a better case.


--------------------



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InvisibleShiithead
Your Huckleberry
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Registered: 04/05/13
Posts: 10,102
Loc: God's Flat Green Earth
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: fbi365]
    #21368610 - 03/05/15 10:40 PM (9 years, 2 months ago)

The only way to solve this is to end the war on drugs. Start with cannabis and see how it works.


--------------------

Ephesians 6:12
For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.
Psalm 12:6
The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times.
Hebrews 11:3
Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear.
Revelation 3:11
Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.

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Invisiblepassifloracaerulea
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Registered: 11/13/10
Posts: 10,485
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: fbi365] * 2
    #21368616 - 03/05/15 10:42 PM (9 years, 2 months ago)

Nuke Kansas. Nobody needs that shithole anyway.

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Offlinefbi365
Captain of the Sinking Ship
Male


Registered: 02/07/11
Posts: 2,857
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: Shiithead]
    #21368626 - 03/05/15 10:43 PM (9 years, 2 months ago)

Quote:

Shiithead said:
The only way to solve this is to end the war on drugs. Start with cannabis and see how it works.




What have you done lately toward that end? :shrug:


--------------------



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OfflineAll We Perceive
Sea Cucumber
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Registered: 09/24/07
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: fbi365]
    #21368656 - 03/05/15 10:53 PM (9 years, 2 months ago)

Quote:

fbi365 said:
Standing often is.  There are whole fields of law based on tenuous standing.  Take environmental law for instance.  My feeling on this is that the court will not extend them much leeway on standing interpretation.  But remember that neighboring states are part of the lawsuit.  They might have a better case.




ehhhh, standing is one of those nebulous legal principles that judges can use to bounce the case if they feel like it.  just read any scalia opinion.


--------------------


"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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Offlinemusiclover420
psychonaut
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Registered: 11/06/12
Posts: 19,563
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Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: fbi365]
    #21368674 - 03/05/15 10:58 PM (9 years, 2 months ago)

Quote:

fbi365 said:


What have you done lately toward that end? :shrug:




I have gotten super stoned for the free world

:jamming:
:stonedmelt:


--------------------
Don't worry about me, I've got all that I need. And I'm singing my song to the sky

You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free


Extras: Filter Print Post Top
Offlinefbi365
Captain of the Sinking Ship
Male


Registered: 02/07/11
Posts: 2,857
Loc: Nowhere
Last seen: 7 months, 26 days
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: All We Perceive]
    #21368676 - 03/05/15 10:59 PM (9 years, 2 months ago)

Yeah, I suppose it will matter who the judge is in this case.  As much as they like to pretend, they know this is a political issue.  I am interested to see how the courts approach the overarching policy issue and how they push the decisions around to reach a legal resolution.  Like gay marriage, it took a while.  But you can see now how the courts have been positioning their decisions over time.


--------------------



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InvisibleShiithead
Your Huckleberry
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Registered: 04/05/13
Posts: 10,102
Loc: God's Flat Green Earth
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: fbi365]
    #21368794 - 03/05/15 11:35 PM (9 years, 2 months ago)

I recently stopped using drugs so I'd say nothing. They are winning x)


--------------------

Ephesians 6:12
For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.
Psalm 12:6
The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times.
Hebrews 11:3
Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear.
Revelation 3:11
Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.

Extras: Filter Print Post Top
OfflineAll We Perceive
Sea Cucumber
Male


Registered: 09/24/07
Posts: 10,491
Last seen: 10 months, 21 days
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: Shiithead]
    #21368941 - 03/06/15 12:35 AM (9 years, 2 months ago)

I really feel like the new spread of lawsuits against Colorado are really just a money grab by people who will get a windfall if the Supreme Court rules in favor of Oklahoma et al.  I wonder how long it will take to get a ruling on that.  I don't think I've ever seen a suit between states before so I don't really know how it works procedurally.


--------------------


"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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Invisible404
error
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Registered: 08/20/10
Posts: 14,539
Re: Sheriffs from Colorado, elsewhere sue state over legal pot [Re: trampis]
    #21369454 - 03/06/15 06:33 AM (9 years, 2 months ago)

haha all these other states and police organizations are so butthurt that they aren't getting a cut of the action they are resorting to suing them.

why don't they just fucking nut up and legalize it themselves? seems a whoooole lot easier to follow suit in what colorado is doing than to sue them... they'd probably get a lot more money out of it too, don't they want extra money for education and roads and shit?

people are so retarded.

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