Legal Opinion
Young v. Larimer County Sheriff's Office
Colorado Court of Appeals
Decided September 11, 2014No. Court of Appeals No. 13CA1338PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
JUDGE WEBB
4 1 This case presents another novel question that arises from the conflict between Colorado law and federal law concerning marijuana-does 42 U.S.C. § 1983 (2012) provide a remedy for state action that violates a right created by the Medical Marijuana Amendment, article XVIII, section 14 of the Colorado Constitution (MMA)? Because federal law eriminalizes possession of marijuana, we conclude that such a claim is not cognizable under section 1983.1 We reject the other claims of plaintiff, Kaleb Young. Therefore, we affirm the summary judgment entered in favor of defendants,…
2Cases cited33 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Schweiker v. ChilickySupreme Court of the United States · 1988
- Gonzales v. RaichSupreme Court of the United States · 2005
- Bennis v. MichiganSupreme Court of the United States · 1996
- Sweaney v. Ada CountyCourt of Appeals for the Ninth Circuit · 1997
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3Cited by4 opinions
- Astrid v. Board of County Commissioners of Larimer County, ColoradoDistrict Court, D. Colorado · 2024
- Hoover v. Michigan Department of Licensing and Regulatory AffairsDistrict Court, E.D. Michigan · 2020
- Hutchins v. Board of County Commissioners of Larimer County, ColoradoDistrict Court, D. Colorado · 2024
- Paul William Hilton v. Jose Pina, Sergeant of the Otero County Colorado Sheriff’s Department, in his official and individual capacitiesDistrict Court, D. Colorado · 2026