SECOND LAWSUIT FILED AGAINST COLORADO POT

A dozen sheriffs from Colorado, Nebraska and Kansas cite the Supremacy Clause of the U.S. Constitution in an attempt to overturn Colorado’s legalization of pot

With the financial backing of the Drug Free America Foundation, a dozen sheriffs from Colorado, Nebraska and Kansas filed a lawsuit Thursday in federal court in Denver in an attempt to overturn Colorado’s legalization of pot. The sheriffs cite the Supremacy Clause of the U.S. Constitution in their effort to overturn the amendment to Colorado’s Constitution which legalized the recreational use of marijuana.

Article VI of the U.S. Constitution states:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.”

This means that whenever there is a conflict between federal and state laws, the federal laws prevail over any conflicting state laws.

This lawsuit follows a similar suit filed last December by the attorney generals of Nebraska and Oklahoma.

Attorney General Eric Holder, with the obvious backing of former pot smoker President Barack Obama, has ordered the Justice Department and the Drug Enforcement Administration not to enforce the federal laws against the possession, manufacture and distribution of marijuana in those states that have legalized pot, when the growers, dispensers and users do not violate the restrictions placed on them by the state laws.

Holder is able to get away with ordering the Justice Department and the DEA not to enforce federal laws because his oath of office does not include a provision requiring him to uphold all laws.

If Holder had called for the enforcement of federal laws against marijuana, there would be no legalized pot in the states of Colorado, Washington, Oregon and Alaska, in the District of Columbia, and in the cities of Portland and South Portland, Maine. And enforcement of the federal laws would also wipe out medical marijuana in those states where it is now legal.