Whether the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., confers a private right of action to recover minimum wages for conduct that violates the Controlled Substances Act, 21 U.S.C. § 812

QUESTION PRESENTED Marijuana is a Schedule 1 controlled substance under the Controlled Substance Act (“CSA”). 21 U.S.C. § 812. Consequently, the federal government, as a matter of course, does not extend federal benefits to those associated with the marijuana industry. However, in the case at bar, the Tenth Circuit held that an individual trafficking marijuana within Colorado’s legal marijuana industry may bring a private action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., to recover federally mandated overtime pay for conduct that violates the CSA. In reaching this conclusion, the Tenth Circuit ruled that individuals have a private property interest in the proceeds of federal drug crimes and that a federal court may award them compensation out of those proceeds for their efforts in trafficking Schedule 1 drugs. The Tenth Circuit’s decision deepens the confusion, conflict, and lack of uniformity between state and federal law regarding federal rights and protections accorded to those participating in the marijuana industry. In the absence of congressional action, which is not anticipated any time soon, this Court should rule that an individual perpetrating a federal drug crime is not entitled to federally mandated compensation for their efforts. The question presented is: Whether the Fair Labor Standards Act, 29 U.S.C. § 201, et seqg., confers a private right of action to recover minimum wages for conduct that violates the Controlled Substances Act, 21 U.S.C. § 812.