Neil Gorsuch & Marijuana: What Are His Views on Legalization?


By Stephanie Dube Dwilson

neil gorsuch

President Donald Trump’s Supreme Court nominee, Neil Gorsuch, hails from Colorado, a state known for marijuana legalization and being a strong proponent of state’s rights over the federal government. Has Gorsuch said anything about his views on legalization?

Here’s what you need to know.

There’s really not a lot to go on when it comes to determining Gorsuch’s views on marijuana. There’s little evidence for how he feels about this topic.

However, there is one case that can provide a few clues. As New York Daily News reported, Gorsuch once ruled on a case in 2015 where a Colorado dispensary, Total Health Concepts, had to pay taxes on business expenses that they had previously deducted. The dispensary claimed that they shouldn’t have to disclose the nature of their business, due to self-incrimination. They argued, among other things, that because the government couldn’t know if their expenses were related to federally unlawful substances, they shouldn’t be prevented from making those deductions. (You can read the case in full here.)

Gorsuch and the judges on his panel denied the motion. But he did state that he believed the problems was caused by confusion from President Barack Obama’s administration saying it wouldn’t prosecute offenders, but the IRS not treating marijuana the same way.

In the beginning of the case, he wrote:

This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. … They run the business [dispensary] with the blessing of state authorities but in defiance of federal criminal law. … Even so, officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congress’s statutory command when states like Colorado license operations like THC. At the same time and just across 10th Street in Washington, D.C ., officials at the IRS refuse to recognize business expense deductions claimed by companies like THC on the ground that their conduct violates federal criminal drug laws. … So it is that today prosecutors will almost always overlook federal marijuana distribution crimes in Colorado but the tax man never will.”

So he made it clear that he didn’t agree with the mixed messages, but never stated which side of the debate he sided with.

The only other “hint” we have is an article written by “The Joint Blog,” where the author states that a former student of Gorsuch asked if he supported legalization. He recounted that Gorsuch said, at the very least, he supported the government getting out of the business of prohibiting it. However, this statement is obtained third-hand, and Gorsuch hasn’t yet spoken publicly about his views to media.

Neil Gorsuch’s Family: 5 Fast Facts You Need to Know

Learn all about Neil Gorsuch’s family, including his wife, his two daughters Emma and Belinda, his parents Anne and David, and his sister and brother.

Click here to read more

Stephanie Dube Dwilson is a news, entertainment & science/tech contributor to Heavy. She’s also a cat blogger, runs a post-apocalyptic blog, and is an attorney (currently not practicing, so she can write more!) In her spare time, Stephanie writes screenplays and novels. You can follow her on Twitter at @StephanieDube or contact her by email here.

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