Justice faces pot legality inquiry
His renomination approved, McDonald is ‘nowhere on it’
HARTFORD — Connecticut Supreme Court justice Andrew McDonald and the judiciary committee’s new ranking Republican went back and forth Monday over the potential legalization of recreational marijuana during McDonald’s re-confirmation hearing.
Even though federal law still prohibits recreational marijuana, multiple states have legalized it dating back to 2012 in Washington and Colorado.
But Rep. Craig Fishbein, a conservative Republican from Wallingford, said flatly that Connecticut should not legalize the drug due to the federal
Supremacy Clause that says federal law overrides state law.
Fishbein told McDonald during questioning that he was trying to determine where the justice is on marijuana policy.
“I’m nowhere on it,’’
McDonald responded.
“It would be something that would be litigated. … I’m not suggesting I’ve studied this in any detail or formed any opinion.’’
After being repeatedly rejected by the legislature over the past five years, legalizing recreational marijuana remains among the most controversial issues at the state Capitol.
Fishbein said he believes that the legislature cannot move forward on marijuana under the view that “under the Supremacy Clause that it would be a violation of our oath of office.’’ At one point, Fishbein asked, “How can a state such as Connecticut even contemplate recreational marijuana legalization?’’
McDonald responded, “That’s a policy decision for the legislature.’’
McDonald added that he was not sure of all the nuances on the intersection of
federal and state law.
“That’s a very complicated area of the law,’’ McDonald said. “I have not studied it in any detail. ... A state can’t invalidate a federal statute.’’
After Fishbein and McDonald went back and forth on the issue, the committee’s co-chairman, Sen. Gary Winfield of New Haven, reminded Fishbein that he should not continue going back over the same ground.
“I don’t know that I actually got an answer,’’ Fishbein responded.
McDonald was approved Monday by the judiciary committee on a bipartisan basis by 32 -5 as top Republicans like Sen. John Kissel of Enfield and Rosa Rebimbas of Naugatuck voted in favor of McDonald. Besides Fishbein, the conservative
Republicans who voted against McDonald included Representatives David Labriola of Oxford, Cara Pavalock-D’Amato of Bristol, Kim Fiorello of Greenwich, and Donna Veach of Berlin.
The nomination now goes to the full House of Representatives for a vote on Jan. 20 and could receive a vote later that week in the Senate.
McDonald was rejected by the legislature in 2018 as chief justice during the tenure of Gov. Dannel P. Malloy, but he was re-nominated by Gov. Ned Lamont for another eight-year term as an associate justice.
Following a series of retirements, McDonald is now the longest-serving justice on the court with eight years of experience.