Judge Neil Gorsuch, President Donald Trump’s nominee for the Supreme Court, hails from Colorado, and if he is ultimately confirmed by the Senate, he could end up having a significant role in deciding whether marijuana will remain legal in his state and others.
While Gorsuch is a conservative who falls somewhere between Antonin Scalia and Clarence Thomas on the spectrum of Supreme Court ideology, Alex Kreit, director of the Center for Law & Social Justice at the Thomas Jefferson School of Law, said there aren’t any red flags in his past that indicate he would be categorically opposed legal weed.
Gorsuch’s most notable marijuana decision came in December 2015 on a case that dealt with a tax dispute between a Colorado dispensary and the IRS. The dispensary owners wanted to use the Fifth Amendment’s protection against self-incrimination to keep the nature of their business secret, which would have allowed them to significantly reduce their tax bill. Gorsuch joined the three-judge panel’s ruling against them, but his opinion included language that suggested he might be sympathetic to their situation.
