Colorado attorney Rob Corry recently asked for a temporary restraining order to halt tax collection while the matter is considered, but Denver District Court Judge John Madden rejected that request at Friday’s session. The ruling disappoints Corry, but he’s optimistic about the case’s future and feels plenty of interesting information came out — including, he says, the admission by city and state reps that anyone buying marijuana in Colorado is incriminating themselves in the eyes of the federal government.
As Corry said in June, when the suit (on view below) was originally filed, “The primary cause of action is based on the Timothy Leary case before the U.S. Supreme Court:” — a reference to 1969’s Leary v. U.S. “That case struck down the Marihuana Tax Act of 1937 after Leary successfully argued to the court that payment of a marijuana tax was a violation of the Fifth Amendment right to avoid self-incrimination.”