Distilling and Cannabis Industries Blog

Monday, February 23, 2015

Two New Cases in Colorado Challenge Marijuana Enterprise.

Two new cases were filed in U.S. District Court in Colorado using the Racketeer Influenced and Corrupt Organizations Act (RICO) to attack legalized marijuana and persons involved in marijuana enterprises.  Safe Streets Alliance et al v. Medical Marijuana of the Rockies was filed on February 19, 2015 (15-CV-350). In this case a Holiday Inn owner is seeking treble damages and injunctive relief against a proposed retail outlet for marijuana approximately 75 yards from the entrance to the hotel, arguing that it is illegal and harming them financially.  The Defendants were essentially anyone associated with the enterprise.

The second case, also filed by Safe Streets Alliance, names the business and its owners, as well as, the Governor of Colorado, the heads of the Department of Revenue and the Colorado Marijuana Enforcement Division, the County Commission, and the County Licensing Board.  The suit follows the same arguments as the prior case, but pursues the key government officials as well.  Safe Streets Alliance v. Alternative Holistic Healing, LLC et al (2015 WL 713965). 

In this post-prohibition era, we can expect more of the same.

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