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Neighboring states challenge Colorado pot laws in top U.S. court

RetroGrow

Active member
Veteran
The evildoers, the ignorant, the religious fanatics will not give up:

"DENVER (Reuters) - Nebraska and Oklahoma challenged neighboring Colorado's recreational marijuana laws in the U.S. Supreme Court on Thursday amid complaints its pot was seeping across their borders, and Colorado vowed to defend its laws.

Nebraska Attorney General Jon Bruning said he joined Oklahoma in filing the action against Colorado, where voters chose to legalize recreational marijuana in a landmark 2012 vote even as the drug remains federally outlawed.

"Federal law undisputedly prohibits the production and sale of marijuana," Bruning said in a statement, adding that drugs threaten the health and safety of children, and calling narcotics trafficking a national, interstate problem.

The lawsuit accuses Colorado of creating "a dangerous gap" in the federal drug control system.
"Marijuana flows from this gap into neighboring states, undermining plaintiffs states' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems," the lawsuit said.

Colorado Attorney General John Suthers responded that because neighboring states had expressed concern about Colorado-grown pot crossing their borders, he was "not entirely surprised" by the legal challenge.

"However, it appears the plaintiffs' primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado," Suthers said in a statement. "We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court."

The move comes amid a growing momentum for marijuana legalization after voters in Alaska and Oregon opted last month to allow the adult recreational use of marijuana, joining Colorado and Washington state.

While marijuana is classified as an illegal narcotic under federal law, President Barack Obama's administration has given individual states leeway to frame their own rules.

Mike Elliot of the Colorado-based Marijuana Industry Group said Coloradans made their preference for licensed, regulated pot businesses clear at the ballot box.

"If Nebraska and Oklahoma succeed, they will put the violent criminal organizations back in charge," Elliot said.

Kevin Sabet, co-founder of anti-legalization group Smart Approaches to Marijuana, backed the legal action, saying while states should be able to decide appropriate sentencing and criminal sanctions, uniform federal drug laws are vital.

"Colorado's decisions regarding marijuana are not without consequences to neighboring states, and indeed all Americans," Sabet said.

Suthers said Nebraska and Oklahoma's lawsuit was filed for consideration by the justices as an "original case." Such cases typically involve disputes between states over issues such as boundaries and water rights, and often run on for years"

http://news.yahoo.com/neighboring-states-challenge-colorado-pot-laws-top-u-213445445.html

Hundreds of comments beneath the article. Add yours.
 

dddaver

Active member
Veteran
DAMN, this could get interesting. The feds screwed themselves with their inactions. NOW the shit hits the fan?

Nebraska, Oklahoma File Federal Suit Against Colorado Over Marijuana Legalization

The Huffington Post | By Matt Ferner


Posted: <time datetime="2014-12-18T15:36:02-05:00"> 12/18/2014 3:36 pm EST </time> Updated: <time datetime="2014-12-18T23:59:01-05:00"> 12/18/2014 11:59 pm EST </time>

n-DENVER-MARIJUANA-large570.jpg



The states of Nebraska and Oklahoma filed a federal lawsuit in the U.S. Supreme Court Thursday, claiming that Colorado's legalization of recreational marijuana is unconstitutional under federal law.
"Federal law undisputedly prohibits the production and sale of marijuana," Nebraska Attorney General Jon Bruning said Thursday in a statement. "Colorado has undermined the United States Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles."
But Colorado Attorney General John Suthers isn't backing down. In a statement, he said he intends to defend the state's marijuana laws.
“Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action," Suthers said. "However, it appears the plaintiffs’ primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court.”
Bruning, along with Oklahoma Attorney General Scott Pruitt, argue that under the U.S. Constitution's Supremacy Clause, Colorado's legalization of recreational marijuana is unconstitutional because marijuana remains illegal under federal law. The clause states that in general, federal law takes precedence over state law.
"The illegal products being distributed in Colorado are being trafficked across state lines thereby injuring neighboring states like Oklahoma and Nebraska," Pruitt said in a statement.
The regulation of recreational marijuana -- as seen in programs currently in place in Colorado and Washington state, as well as those that will soon go into effect in Oregon and Alaska -- remains illegal under the 1970 Controlled Substances Act. The states that have legalized marijuana or softened penalties for possession have only been able to do so because of federal guidance urging federal prosecutors to refrain from targeting state-legal marijuana operations.
Colorado voters approved Amendment 64, legalizing recreational marijuana in the state, in 2012. The first retail marijuana shops opened their doors on New Years Day 2014. To date, 23 states and the District of Columbia have legalized marijuana for medical purposes. Four states have legalized recreational marijuana, along with voters in D.C. -- though the D.C. measure is the subject of a congressional Republican effort to block its implementation.
With a majority of Americans now supporting marijuana legalization, and with states continuing to pass legalization laws, it seems unlikely that the federal government would push back against the legalizations. But it's not impossible. If the Supreme Court were to rule in favor of Nebraska and Oklahoma, all state marijuana laws, in any form, could be in jeopardy of being unraveled.
Harvard economist Jeff Miron, a vocal supporter of marijuana policy reform, highlighted the precarious nature of state marijuana laws in a November op-ed for CNN, saying that Congress needs to act now on federal marijuana policy.
"Despite the compelling case for legalization, and progress toward legalization at the state level, ultimate success is not assured," Miron wrote. "Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition. So far, the federal government has mostly taken a hands-off approach to state medicalizations and legalizations, but in January 2017, the country will have a new president. That person could order the attorney general to enforce federal prohibition regardless of state law."
Kevin Sabet, president of anti-legalization group Smart Approaches to Marijuana, applauded the action by Nebraska and Oklahoma.
"We support this action by the attorneys general of Oklahoma and Nebraska because Colorado's decisions regarding marijuana are not without consequences to neighboring states, and indeed all Americans," Sabet said. "The legalization of marijuana is clearly in violation of the federal Controlled Substances Act and is not implemented in a vacuum."
Mason Tvert, communications director for Marijuana Policy Project, told The Huffington Post that MPP agrees with Suthers' opinion that the suit is "without merit."
"Nebraska officials are acting like bullies, and they have no business trying to dictate Colorado's marijuana laws," Tvert said to HuffPost. "They are wasting their taxpayers’ dollars by filing this suit and forcing Coloradans to pick up the bill for defending our state against it. Colorado's top law enforcement officials have better things to do and you’d think Nebraska’s would, as well. These guys are on the wrong side of history."
Marijuana Industry Group's Mike Elliott echoed Tvert's sentiments, adding that despite the multi-decade federal war on drugs, marijuana remains "universally available" -- including in Nebraska and Oklahoma.
"If Nebraska and Oklahoma succeed, they will put the violent criminal organizations back in charge," Elliott said.
Rep. Jared Polis (D-Colo.), a vocal supporter of drug policy reform who has sponsored multiple bills seeking protection for state-legal marijuana businesses and advocated full-scale federal legalization of the drug, told HuffPost that Nebraska and Oklahoma attempting to overturn the will of Colorado's voters is "outrageous."
“Our federalist system is based on individual states being able to enact policies that benefit their citizens, without the interference of other states," Polis said.
 

rolandomota

Well-known member
Veteran
Prohibition doesnt work. And people are idiot sheeple that beleive weed is bad when its non lethal amd doesnt make you lose your mind like alcohol does. Most opposers to legal weed are addicted to alcohol so they are also hypocrites.
 

t99

Well-known member
Veteran
CO will win. The CO government will be able to show/document all state legally produced cannabis was sold in state. The states bringing suit will not be able to reasonably prove that black market cannabis they seized was state legally produced in CO and then diverted.
 

dddaver

Active member
Veteran
...[FONT=Arial, Helvetica, sans-serif]Oklahoma Attorney General Scott Pruitt, argue that under the U.S. Constitution's Supremacy Clause, Colorado's legalization of recreational marijuana is unconstitutional because marijuana remains illegal under federal law. The clause states that in general, federal law takes precedence over state law.

Sure looks to me like a states rights issue here. Even if CO were even able to track every THC molecule that ever came from there, I imagine that would have absolutely no bearing here at all. Sorry man.

Yup, those dudes jus be jelly :laughing:

[/FONT]
 

G.O. Joe

Well-known member
Veteran
They aren't interested in winning the case. The Republican Attorneys General Association will do what it can do against anything not approved as part of the R agenda (unions, environmentalism, stoners), and those two particularly could not be more puppet and about politics instead of law. They'll be happy if they can force CO to spend millions to defend themselves and maybe offer a settlement.
 

wordsux

Member
It's actually is a pretty clear cut case.. Technically it falls under the supremacy clause. This could be the very bad and I wouldn't be sureprised if Co law is struck down. Then this would set precedent to strike down any cannabis legalization laws including medical marijuana...



Watch this case carefully
 

OvergrowDaWorld

$$ ALONE $$
Veteran
Fuck em. Sanity will prevail.

It would be nice if it did, but just look at the war on MMJ. Thats pretty fuckin insane! Its still classified as a dangerous drug with no medical value. That seems like pure insanity to me.
I never seen this one coming. Did you guys see the OK attorneys face? LOFL! Looked like a frog stuck on stupid.
Bunch of sorry loosing douchebags with a serious jealous axe to grind.
CO is raking in the cash while NA and OK taxpayers flip the bill? What bullshit!
1000 more pounds? Thats it?
Thats only cuz the NA and OK cops are pulling everyone over now and working overtime to get those "Pot smoking loosers that are fucking up this country!" in jail. LOFL!

If they legalized it too then they could rake in the revenue instead of paying for more law enforcement! Stupid idiots. Dont they see how stupid this war on MMJ is? NO....Its our fault cuz we smoke it. HA!
 
It's actually is a pretty clear cut case.. Technically it falls under the supremacy clause. This could be the very bad and I wouldn't be sureprised if Co law is struck down. Then this would set precedent to strike down any cannabis legalization laws including medical marijuana...



Watch this case carefully


The neighboring states may not have standing to file this suit, as some legal experts have already observed. Wait to see if accepted by the SCourt.

Besides that, seems to me that even if the state could be compelled into getting rid of licensing schemes through the supremacy clause, that they cannot be compelled to 'illegalize cannabis.' Considering that the stores have more to do with gentrification of cannabis than legalization, I don't care if they get rid of stores as long as individuals are allowed to use/possess/grow cannabis.

An example of a similar situation is with speed limits (or was it open container laws?) in Montana. It is fairly well known there that the feds threatened and/or actually did not allocate highway funds til Montana changed their law to align with federal desires.
 

Betterhaff

Well-known member
Veteran
How do they know the origin of the so called seized pot?

1000 more pounds?
"The Rocky Mountain High Intensity Drug Trafficking Area wrote in a recent report that the amount of Colorado pot seized on highways increased from an annual average of 2,763 pounds between 2005 and 2008 to a yearly average of 3,690 pounds from 2009 to 2013. The weed was headed for at least 40 different states."

http://news.yahoo.com/colorado-vows-defend-pot-law-120902638.html

Here’s some info about the Rocky Mountain High Intensity Drug Trafficking Area. I wonder if the passage of the rec laws in CO has affected the involvement of CO agencies in this organization at all.

https://www.ncjrs.gov/ondcppubs/publications/enforce/hidta2001/rocky-fs.html
 

Allendawg

Member
If I were in Nebraska I'd do the same thing! If u wanna blame anyone blame the Feds! Hopefully this leads to reclassification of the drug! Both sides have a strong position but with the current laws CO should be the one spending it's $ keeping it within its borders!
 

BOMBAYCAT

Well-known member
Veteran
Authorities feel that Nebraska and Oklahoma can not force Colorado to join the fight of NB and OK. A simple solution would be for NB and OK to legalize instead of prohibit. Just think of all the money they would save on LEO and enforcement.
 

iBogart

Active member
Veteran
This is great news!

It doesn't matter what the Supreme Court decides, state voter initiatives reign supreme. Why? Sure, the Supreme Court could rule in favor of NE and OK, but somebody has to enforce it. With enough states legalizing, enforcing the laws on marijuana by the feds becomes increasingly pointless. That's been our strategy since the beginning, and we're winning!
 

igrowone

Well-known member
Veteran
so very interesting
hmm, in a person/civil type action you have to have the standing/vested interest to file a suit
generally, you can't file a suit on behalf of someone else unless they retain you to do so
not sure if this is applicable, any IC lawyers feel free to expound on this
 

sdd420

Well-known member
Veteran
Do these states even have a mmj law? I think not. Also they don't care about any human suffering let alone all these veterans coming home from Iraq and Afghanistan with all those conditions and cannabis helps with all of them. This really shows them for what they are self righteous bastards I'm pissed I need a doobie so later
 

theJointedOne

Well-known member
Veteran
It's funny when the anti big govt folks scream for more fed control on the cannabis, but they scream mercy when the feds mess with anything else, ie abortion, guns, immigration ect..
 
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