Washington Post: “Marijuana has been decriminalized and regulated by various states, but it remains forbidden by federal law. This means that state-legal marijuana growers might still face federal charges, though federal prosecutors could choose not to enforce the federal ban in such situations. But it also means that private citizens . . . could sue neighboring marijuana growers under the federal RICO statute, on the theory that the growers are interfering with the neighbors’ use of their land — as the U.S. Court of Appeals for the 10th Circuit just held Wednesday in Safe Streets Alliance v. Alternative Holistic Healing, LLC. And this would not be affected by a Justice Department policy of not enforcing the criminal ban on marijuana production and distribution in those states that allow marijuana.”
This lawsuit concerns marijuana growing in Colorado.