Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, March 12, 2015

Effective review of (likely ineffective) lawsuits challenging Colorado marijuana reforms

The Washington Post's Wonkblog has this lengthy new piece detailed the array of distinct lawsuits brought recently by opponents of Colorado's marijuana reforms.  The article, headlined "After losing at the ballot box, marijuana opponents make a hail mary pass to the courts," is worthy a full read, and here are excerpts from the start and end of the piece:

After losing at the ballot box and in the court of public opinion, marijuana opponents are turning to the federal judiciary in an attempt to halt the momentum of marijuana legalization efforts happening at the state level. But legal experts say that plaintiffs in a series of lawsuits brought against the state of Colorado for its marijuana regulation regime face slim chances of succeeding -- if the courts agree to hear them at all....

Most of the cases above are being financed by hardline anti-drug organizations that in recent years have found themselves well outside of the mainstream criminal justice debate.

The sheriffs' lawsuit, for instance, is bankrolled by the Drug Free America Foundation. Among other things, this group advocates for broadening mandatory drug tests for public school students. The Foundation arose from the ashes of "Straight, Incorporated," a coercive "drug rehabilitation" program for teens that faced numerous allegations of abuse and settled out of court to the tune of hundreds of thousands of dollars before closing its doors in 1993.

And the RICO cases are funded by the Safe Streets Alliance, a tough-on-crime organization that aims to increase prison sentences in an era of deep skepticism over the merits of lengthy prison terms. "This is the last hurrah for a lot of individuals in the anti-marijuana community," according to the Brookings Institution's John Hudak. "It's pretty clear that they’ve lost the battle for public opinion."

https://lawprofessors.typepad.com/marijuana_law/2015/03/effective-review-of-likely-ineffective-lawsuits-challenging-colorado-marijuana-reforms-.html

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