Denver Criminal Defense Law Blog

Once again, uncertainty rears its head owing to that interplay between state and federal law.

Federalism is indeed a valid and useful concept for its addressing of when and why a particular matter should fall under the legal purview of a state government, federal authorities, or sometimes both. It makes sense, for example, that most local issues are dealt with by municipal or state law, just as it is easily seen why matters involving the nation's military, taxation or foreign policy are largely the domain of the federal government.

Marijuana, though, continues to be a sticking point in the debate of "whose law governs." As we noted in a recent post, for example, and notwithstanding Colorado's law allowing for the use of medicinal marijuana, a state appellate court has endorsed the firing of a paralyzed man using prescribed pot. The court stated that, for such use to be legal, it must be permissible under federal as well as state law.

Things seem to be more than just a bit muddled regarding the use of medical and recreational marijuana in Colorado.

Given Colorado's status as a vanguard state in what might be termed progressive laws addressing pot use among state residents, many people across the country who follow marijuana legislation might be more than a bit surprised -- in fact, they might be confused outright -- by a recent state appeals court decision affecting one user of medical pot.

Issues surrounding marijuana possession and use are seemingly constant and proliferating across the country these days. Several of our recent blog posts, including the immediately preceding entry, have highlighted Colorado-specific issues concerning marijuana, including possession with intent to distribute, the use of recreational and medicinal pot, legislative attempts to define legal THC limits for motorists, and other matters.

It would certainly appear that the pro-marijuana legislation passed by Colorado voters last November grabbed the close attention of persons and groups throughout the country, with advocates in many states openly chafing under what they deem to be punitive and anachronistic criminal penalties facing casual pot users.

The need for change in policy and enforcement is being recognized in many other states and in municipalities throughout the country. A recent bill passed with strong bipartisan support in St. Louis, Missouri, serves as an example of legislative movement that seeks to soften police response to residents in possession of small quantities of marijuana. The legislation is expected to be signed soon by the mayor and will take legal effect on June 1.