Dear Clients and Colleagues:

Today the Tenth Circuit Court of Appeals issued its published decision in Standing Akimbo v. United States. The decision is located here.

It is a 39-page decision. There is a lot of complexity but it is generally unfavorable to the marijuana industry and the Colorado laws and constitution supporting marijuana. Here are some bullet points from the decision:

• The State of Colorado is bound by this decision. While the State of Colorado, did not answer or defend, the Tenth Circuit Determined that the State was nevertheless a party sufficient to be bound by this decision. 

• While the Tenth Circuit stopped short of actually declaring the Colorado laws invalid under preemption, it made clear that Colorado was violating federal law. The Court stated:  “[T]he CSA reigns supreme. . . The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. . .  [S]tate legalization of marijuana cannot overcome federal law. . . So, despite legally operating under Colorado law . . .” such persons are conducting “unlawful activities” under federal law.

• The Tenth Circuit reaffirmed its posit