In this case, the supreme court considers whether article XVIII, section 14(2)(e) of the Colorado Constitution is preempted by the federal Controlled Substances Act. Section 14(2)(e) requires law enforcement officers to return medical marijuana seized from an individual later acquitted of a state drug charge. The federal Controlled Substances Act prohibits the distribution of marijuana, with limited exceptions. The supreme court finds that compliance with section 14(2)(e) requires law enforcement officers to distribute marijuana in violation of the Controlled Substances Act. Because section 14(2)(e) positively conflicts with the Controlled Substances Act, the supreme court finds that section 14(2)(e) is preempted. Accordingly, the supreme court reverses the judgment of the court of appeals.
To read more… 14SC109