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Lawsuit in Fife Could Undo Legal Marijuana

Joe Amon/The Denver Post via Getty Images

The state’s legal pot system will be in the spotlight when a trial starts Friday in Fife, where two pot retailers have challenged the city’s marijuana retail ban.

The effort to restrict sales could destroy the state law, says State Attorney General Bob Ferguson.

The city of Fife is fighting for its right to ban retail pot shops. Officials in Fife say if there is no room for local bans in the state law, then the judge needs to look at whether the entire system of legal marijuana should be thrown out because state law is incompatible with federal law that bans marijuana.

Ferguson says, “That’s the nuclear option. If a court has to get to that issue and rules that federal law trumps state law then that will eviscerate I-502”

The Attorney General acknowledges this is a big case and whatever the ruling is it will no doubt be appealed to the state supreme court and could make its way to the U.S. Supreme Court.

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