Laws surrounding marijuana cultivation, distribution, and use rank as some of the most diverse and confusing legislation around. Perhaps that's to be expected when they involve a substance that's either decriminalized or fully legal in the majority of states, yet remains classified as a Schedule I drug under the Controlled Substances Act (CSA) on the federal level.
Even in states with strict regulations governing cannabis, issues still abound. In the billion-dollar-plus weed industry in Colorado, one of the state's largest marijuana cultivators took several state agencies to court for an unexpected reason — they wanted them to do their jobs better.
On May 15, 2025, Mammoth Farm's demand for a preliminary injunction to compel the agencies to enact tougher enforcement against synthetic marijuana products was dismissed by a Denver district judge for lack of subject-matter jurisdiction. Having been told they put the cart before the horse, the court's ruling suggests that Mammoth should follow an administrative route to attempt to achieve the changes they're seeking.
Why Would They Want That?
Colorado has a history of being one of the most cannabis-friendly states in the nation. They were one of the first jurisdictions to approve the sale, possession, and use of recreational marijuana in 2012, and they allow limited personal cultivation by adults of legal age at their homes.
That doesn't mean that anything goes. Public usage is still illegal, and the Colorado Marijuana Enforcement Division (MED), which is part of the Department of Revenue, is tasked with tracking all commercial marijuana products from seed to shelf.
Mammoth Farms, based in Saguache, is Colorado's largest outdoor cannabis grower. The owner is Justin Trouard, who was an intelligence officer in the U.S. military before starting a career in weed. When customers began requesting the leftovers from Mammoth's production process — trimmings and stems from cannabis plants — he mounted an investigation as to why they'd do such a thing.
According to his findings, it was to have a legal trail so they could sell illegal synthetic marijuana products. Also known by other names that include Spice and K2, synthetic marijuana is made by spraying chemicals onto plant materials. In this instance, they used the leavings purchased from Mammoth to provide them with a marijuana "product." The low cost of production allowed them to achieve a high profit rate while using a low price point to undercut legal cannabis products, which Mammoth claimed was drastically affecting its bottom line.
Once Trouard figured this out, he alerted the MED and waited for them to remove the dangerous and illegal products from the shelves of dispensaries. He also alerted them to an operation being run by a person with a felony conviction, which is in direct violation of Colorado law. The MED acknowledged the information Trouard had sent them, but results were not forthcoming. As weeks dragged into months with no action taken, Trouard turned to the courts.
Embrace the Bureaucracy
Change often comes from within. In her dismissal of Mammoth's suit, Denver District Court Judge Jill Dorancy ruled that going through rather than around the MED was the path Trouard should have taken. Mammoth hadn't made a formal request to the MED for the agency to set new rules to combat the new method being used by the synthetic marijuana purveyors, so its legal claims were moot under Colorado's Administrative Procedure Act.
Since the MED is likely very inclined to get dangerous products off the shelves of dispensaries, Mammoth may find the relief it seeks through rulemaking requests and appeals. Whether that happens as quickly as desired is another matter entirely.
Related Resources
- Important Steps for Starting a New Legal Cannabis Business (FindLaw's Starting a Cannabis Business)
- What's the Difference Between Marinol (Dronabinol) And Medical Marijuana? (FindLaw's Cannabis Business Laws and Info)
- State Marijuana Laws (FindLaw's State Criminal Law)
