State and federal law clash as district judge rules against Colorado's medical marijuana law
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August 23, 2012
Colorado: Judge Charles M. Pratt of the Arapahoe County District Court ruled Colorado's marijuana law is no longer valid because federal law takes precedence over state law. The case was a lawsuit between medical marijuana grower Quincy Haeberle and Blue Sky Care Connection. Haeberle sued Blue Sky over a unpaid delivery and asked Judge Pratt to order compensation be paid. Judge Pratt, however, said the contract between the two parties was void because federal law prohibits the manufacture, distribution or possession of marijuana.[1]
| “ | Any state authorization to engage in the manufacture, distribution or possession of marijuana creates an obstacle to full execution of federal law. Therefore, Colorado's marijuana laws are preempted by federal marijuana law.[1] - Decision by Judge Charles M. Pratt[2] | ” |
Attorney Sean McAllister, a specialist in medical-marijuana law, said "I think it's a very poor decision by the judge. It's not one that I believe will be widely adopted."[1]
Due to the ruling being made by a district judge, the decision is not yet legal precedent and the choice will fall upon other judges if Haeberle appeals the decision.[1]
Footnotes
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Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Colorado • U.S. Bankruptcy Court: District of Colorado
State courts:
Colorado Supreme Court • Colorado Court of Appeals • Colorado District Courts • Colorado County Courts • Denver Probate Court • Denver Juvenile Court • Colorado Municipal Courts • Colorado Water Courts
State resources:
Courts in Colorado • Colorado judicial elections • Judicial selection in Colorado
