Federal Employees of the DA in Colorado Can’t Possess Cannabis

Although employees of the District Attorney’s office in
Colorado are only approved to prosecute within the confines of the state, they
are under strict scrutiny when it comes to involvement with cannabis.

Since the end of prohibition in Colorado, it has been the
law that state employees can’t possess or smoke cannabis, and they can’t be in
any way involved with the industry. However, the law was recently taken one step
further, explicitly stating that those involved also can’t live with anyone who
gets any income from the legal industry.

“Each one of my deputies is sworn to uphold state and
federal law. This puts my office in an ethical dilemma,” Denver District Attorney
Mitch Morrissey stated to Westword in
an interview. “We don’t prosecute federal statutes, but we still take that oath
– and that oath still means something to me. The fact that the federal
government doesn’t do its job is not my business.”

According to an excerpt from the rules regarding those who
work for the DA’s office, “The Denver District Attorney’s Office expects
and requires its employees to abide by all local, state and federal laws at all
times… Employees of this office are prohibited from having any ownership or
financial interest in, or being employed by, any retail or wholesale
establishment involved in the sale of marijuana or marijuana products.
Likewise, no employee of this office may benefit from income derived from a
household member’s ownership or financial interest in, or employment by, such a
retail or wholesale establishment.”

This creates a dilemma for those in the state’s office who
are married to someone working in the industry or even roommates with an
employee, not an unreal scenario with the high rents in Denver. While it makes
sense that those who work for the DA have to hold themselves to a different
standard, some of these rules seem downright invasive. With any luck, federal
legalization will take place soon and this will no longer be an issue; until
then, these employees will have to suffer in silence.