Colorado’s attorney general would seem to have a long road ahead of her in defending Amendment 64, which was challenged in yet another lawsuit this week.
This one was filed by a number of sheriffs and prosecutors in Colorado and neighboring states. Late last year, Nebraska and Oklahoma filed a challenge against Amendment 64 as well.
The cases are likely to drag on for years. Yet one thing is certain: Even if one ultimately succeeds — and we’re doubtful — it won’t be able to turn back the clock. Public attitudes have changed, not just in Colorado but also across the country. The days of criminalizing pot possession are likely numbered, whatever happens in court.
Incredibly, the latest lawsuit claims not only that retail sale of pot is unconstitutional but also cites legalized personal use and possession of small amounts, too, as if that were a dire threat to federal power and regulation of interstate commerce. In fact, the federal government cannot force Colorado to impose penalties on pot possession even if all retail outlets were shut down.
And passing another amendment to that effect in Colorado would likely be a slam dunk.
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