Denver dispensary asks U.S. Supreme Court to rule on legality of cannabis

Colorado Politics reports…

A Denver medical marijuana dispensary has asked the U.S. Supreme Court to decide whether federal law explicitly overrides Colorado’s system of legalized marijuana, and also whether the Fourth Amendment shields cannabis companies’ financial information from tax investigators.

“Thirty-seven states and the District of Colombia [sic] have legalized cannabis and the federal government is refusing to stand down. There is not enough support in Congress to address the conflicting laws,” wrote James D. Thorburn, attorney for Standing Akimbo, in a petition submitted to the Supreme Court. “Federal agencies are overstepping their constitutional bounds in the wake of the lack of legislative resolution.”


Thorburn has litigated a series of cases before federal courts in Colorado challenging the authority of the Internal Revenue Service to obtain financial information of cannabis businesses from the state of Colorado. When IRS investigators began reviewing the tax compliance of Standing Akimbo and other retailers, the companies did not substantiate their filings to the IRS’s satisfaction.

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