Ten sheriffs challenge Colorado marijuana laws in federal court
By Keith Coffman DENVER (Reuters) - Six Colorado sheriffs and four from neighboring states challenged Colorado's marijuana legalization in federal court on Thursday, saying the voter-approved measure violates the U.S. Constitution and their oath of office. Pot is illegal under federal law, but Colorado and Washington became the first U.S. states to legalize recreational use by adults in landmark ballots in 2012. Voters in Oregon, Alaska and District of Columbia have since followed suit. But Colorado's laws have faced legal attack in recent months, both from neighboring Nebraska and Oklahoma, which complained that weed is smuggled over their borders, and from some Colorado residents who say the industry has hurt their families or livelihoods. The sheriffs filed their civil action in U.S. District Court in Denver, naming Governor John Hickenlooper as defendant. "The Constitution and the federal anti-drug laws do not permit the development of a patchwork of state and local pro-drug policies and licensed-distribution schemes throughout the country which conflict with federal laws," it said. The lead plaintiff, Sheriff Justin Smith of Colorado's Larimer County, said all the state's elected officials, including sheriffs, swear an oath of office to uphold both the U.S. and Colorado constitutions. Legalization thus poses a tricky legal issue for them, he said in a statement, that "can only be resolved through the courts." Supporters of marijuana legalization say voters have chosen to take a trade worth some $700 million a year out of the hands of criminals, and the Colorado attorney general has vowed to defend the state's laws. A Quinnipiac University Poll last week showed 58 percent of Colorado residents support legalization, versus 38 percent against it. Joining Smith as plaintiffs are the sheriffs of Colorado's Yuma, Elbert, Hinsdale, Kiowa and Delta counties, their counterparts in Deuel, Cheyenne and Scotts Bluff counties in Nebraska, and the sheriff of Sherman County, Kansas. The Colorado lawmen are suing in their personal capacity, the complaint said, while the others are suing in both their personal and official capacities. The sheriffs are also joined by the county attorneys for Sherman, Wallace and Greeley in Kansas, and the county attorney for Cheyenne, Nebraska. Mason Tvert, spokesman for the Marijuana Policy Project, the largest U.S. pro-pot policy organization, said the lawsuit was a dismaying attempt to roll back progress made in Colorado. "It's disappointing to see these officials, who are supposed to be maintaining public safety, try to undermine it," he said in a statement. (Additional reporting and writing by Daniel Wallis; Editing by Mohammad Zargham)
