The legal center for the legalization of marijuana says it is prepared to sue Colorado for a law that criminalizes use of marijuana by civilians in public, despite federal law prohibiting it.
“Colorado’s law does not allow us to protect citizens from militia violence or the threat of violence by those who use marijuana,” said Sarah Anderson, an attorney for the Center for Medical Progress.
“The only way we will be able to prevent this kind of violence from occurring is to prosecute those who break the law.”
The law, passed by Colorado voters in 2012, prohibits the use of recreational marijuana in public spaces such as restaurants, bars, shopping centers, and schools.
It also prohibits the sale, possession, and transportation of marijuana for consumption in public.
But the center argues the law violates the constitutional rights of marijuana consumers who do not wish to be subjected to criminal prosecution.
“The only time that I would say that marijuana can be used in a public place is to smoke it,” Anderson said.
“It’s the only way you can get a high.”
Marijuana is legal in 26 states and Washington, D.C., and medical marijuana has been legalized in 19 states.
Colorado voters approved legalization in November 2016.
The center argues that the new law, which became effective January 1, makes it easier for those who possess marijuana to avoid prosecution for public use.
The center argues Colorado’s new law does more than simply allow marijuana users to consume in public places, however.
It gives them a legal defense that they could use if the law were applied to non-medical marijuana use.
“It’s a very strong defense because it allows them to say, ‘You know what?
It’s not my problem,'” Anderson said, “that this law is not an invasion of my personal liberty.
It’s a constitutional right.”
The center is filing a lawsuit to challenge the law on behalf of several Colorado citizens, including Colorado State University student Kasey McClellan, who is also an attorney.
“We are not saying that marijuana is a drug,” McClellans attorney, James Pazner, said.
But he argues the marijuana law is unconstitutional because it denies people the right to possess marijuana in private.
“There is a significant difference between a prohibition and a blanket prohibition,” Pazener said.
McClellan and her attorney filed a similar lawsuit in 2015.
The lawsuit was dismissed.
Pazners claim that the law also violates the 14th Amendment, which protects against double jeopardy by allowing citizens to be punished for the same crime twice.
The law was signed into law in January by Gov.
John Hickenlooper and President Mike Pence.
In a statement, Hickenlop said, “[T]he Colorado legislature has worked to enact a balanced approach to marijuana prohibition.”
Pazner said the center will continue to pursue other legal remedies, including filing a petition with the U.S. Supreme Court.
He added that the Center does not believe that the state has acted properly in enforcing its laws.
The Center for Medicinal Cannabis Legalization says the law will give individuals with medical marijuana access to a safe and legal source of medical marijuana without any federal restrictions.
“I think that’s a good start,” Anderson told ABC News.
“I think it’s a positive step.
It allows people to get the medical marijuana that they need without worrying about federal prosecution.”
