Medical marijuana at state level found illegal in potential blockbuster court ruling
|Inside Blue Sky Connection.|
However, the decision goes beyond Colorado cases to invoke ones that involve numerous other states, all to reinforce the determination that the federal view on marijuana is first among equals. An example:
It is not physically impossible to comply with both state and federal law because a person can simply refrain from using marijuana, medical or otherwise. In Emerald Steel Fabricators, Inc. v. Bureau of Labor & Indus.(230P.3d 518, 528 (Or. 2010)), the Oregon Supreme Court applied similar reasoning and concluded that it is not physically impossible for Oregon residents to comply with both federal law and Oregon's medical marijuana law because residents can refrain from using marijuana altogether. Similarly, it is not physically impossible for Colorado residents to comply with both federal and state law; therefore the physical impossibility standard of preemption is not satisfied.
After weighing these rulings, Pratt writes that "contracts for the sale of marijuana are void as they are against public policy. Accordingly, the contract here is void and unenforceable."
What are the possible repercussions of this sweeping judgment beyond the plaintiff not getting paid for his work? Greg Goodman, the attorney representing the plaintiff in this case, declines to comment, leaving the ruling to speak for itself. Read it here:
More from our Marijuana archive: "Medical marijuana: Ten dispensaries targeted in third wave of U.S. Attorney closure letters."