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Leonard L. Frieling Aug. 10, 2022

Pot News: Colorado Tax Illegal? Supremacy Clause Surrender at Risk?

Rob Corry, highly visible marijuana lawyer in Colorado, filed a case against the Gov, and various State agencies, arguing that all taxes collected by the State were illegally collected UNDER FEDERAL LAW, and therefore had to be returned. He argues that the supremacy clause (state vs. federal powers) is won by the the Feds and not by the states. Victory would mean the feds control all pot law, basically.

This position is at best bizarre, IMO. When Holder/Cole, in August 2013, talked about when the feds would not interfere with state mj laws, what they literally said was "we , Feds, will not assert supremacy and push that issue unless the state does not have strict and strictly enforced laws." This anti-tax suit, if impossibly was won, all legit MJ business would be eliminated. It would return MJ to the Anslinger/Hurst and Devil's Lettuce days.

Arguing in court that the Feds have supremacy is so counter-MJ legalization that it is beyond bizarre. If the Feds were found to have supremacy, which is what Corry is suggesting should happen, Feds could shut down every legal pot program in every state overnight. Stay pending appeals? Do you want to hope for that?.

The above post was originally published by Lenny on TalkLeft.

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