Hartford Courant

Justice faces pot legality inquiry

His renominati­on approved, McDonald is ‘nowhere on it’

- By Christophe­r Keating

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.

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