Safe Streets v. Alternative Holistic, 859 F.3d 865 (10th Cir. June 7, 2017)

In resolving two separate actions involving challenges to Amendment 64 of the Colorado Constitution (which legalized recreational use of marijuana), the 10th Circuit did not reach the question of whether Amendment 64 was preempted by the Federal Controlled Substances Act (CSA), stating that private landowners had no viable cause of action to privately enforce the CSA’s alleged preemption.