Sheriffs Asks Court to Strike Down Colorado’s Marijuana Law

Sheriffs from Colorado, Nebraska and Kansas are asking a federal court in Denver to strike down Colorado’s amendment that legalizes recreational marijuana. They are also asking the court to shut down the state’s licensed marijuana stores, USA Today reports.

In a lawsuit to be filed Thursday, the sheriffs say the marijuana law puts an economic burden on other states, and pits state law against federal law.

The lead plaintiff, Larimer County, Colorado Sheriff Justin Smith, says every day he must decide whether to violate the Colorado Constitution or the U.S. Constitution. Sales of recreational marijuana are legal in Colorado, but marijuana remains illegal under federal law. Colorado is “asking every peace officer to violate their oath,” Smith said. “What we’re being forced to do … makes me ineligible for office. Which constitution are we supposed to uphold?”

Sheriffs from neighboring states say legal marijuana from Colorado flows across their borders, leading to increased drug arrests and overburdened police and courts.

The Attorneys general of Nebraska and Oklahoma filed a similar lawsuit in 2014.