Stamford group files lawsuit to stop Connecticut’s cannabis sales

A grassroots group in Stamford has filed a lawsuit that questions the constitutionality of Connecticut”™s law legalizing cannabis.

The Stamford Neighborhoods Coalition filed a complaint today in Superior Court against Mayor Caroline Simmons and the city”™s Zoning Board that seeks to stop cannabis businesses from operating both in Stamford and throughout Connecticut. According to a CTNewsJunkie.com report, the complaint alleges that the 2021 law that legalized the possession and commercial sale of cannabis is unconstitutional because it is pre-empted by the federal Controlled Substance Act that defines cannabis as a Schedule I controlled substance.

“Under federal law anyone involved in the growing, manufacturing, distribution or dispensing, or possession with intent to manufacture, grow, distribute or dispense marijuana is marijuana trafficking subject to federal prosecution under the federal Controlled Substances Act,” wrote David Herz, the coalition”™s attorney, in their complaint. “It is therefore unconstitutional and cannot be relied upon by the City of Stamford or its Zoning Board to permit the illegal enterprise that is every cannabis business.”

Adult-use cannabis is legal in 23 states, the District of Columbia, Guam and the Northern Mariana Islands. The U.S. Food and Drug Administration is currently conducting a scientific review to determine if cannabis should remain in Schedule I or either be rescheduled and descheduled, although no deadline has been set for the release of the review.

The lawsuit also claimed the cannabis law runs afoul of an equal rights provision in the state constitution by creating a Social Equity Council that skewers the cannabis commercial market “based on race” to communities with a history of excessive police drug enforcement. Closer to home, the complaint insisted that cannabis dispensaries “necessarily increases criminal activity in Stamford, putting children at greater risk.”

The Stamford Neighborhoods Coalition”™s website defines itself as “an organization comprised of concerned residents, striving to preserve the quality of life and hometown feel of our great city, before its charm and personality are taken away forever.” The group, whose leadership is not identified on its website, has previously sought unsuccessfully to enact a moratorium on development in Stamford, claiming that it has deteriorated the city”™s quality of life.