This section contains the nature of the case and procedural background.

Federal law generally prohibits the manufacture, distribution, dispensing, and possession of marijuana. The Controlled Substances Act (CSA) establishes “a comprehensive regime to combat the international and interstate traffic in illicit drugs.” Despite the CSA’s broad prohibitions, in 2012 the State of Colorado adopted Amendment 64, which amends the State Constitution to legalize, regulate, and facilitate the recreational use of marijuana. Amendment 64 exempts from Colorado’s criminal prohibitions certain uses of marijuana. Amendment 64 directs the Colorado Department of Revenue to promulgate licensing procedures for marijuana establishments. The amendment requires the Colorado General Assembly to enact an excise tax for sales of marijuana from cultivation facilities to manufacturing facilities and retail stores. Ps filed in this Court a motion seeking leave to file a complaint against D. Ps allege that Amendment 64 affirmatively facilitates the violation and frustration of federal drug laws. Ps claim that Amendment 64 has “increased trafficking and transportation of Colorado-sourced marijuana” into their territories, requiring them to expend significant “law enforcement, judicial system, and penal system resources” to combat the increased trafficking and transportation of marijuana. Ps seek a declaratory judgment that the CSA pre-empts certain of Amendment 64’s licensing, regulation, and taxation provisions and an injunction barring their implementation.

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