Nebraska & Oklahoma Sue Colorado over Marijuana Legalization

Don

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The Denver Post has the story.
In the most serious legal challenge to date against Colorado's legalization of marijuana, two neighboring states have asked the U.S. Supreme Court to strike down the history-making law.

Nebraska and Oklahoma filed the lawsuit directly with the nation's highest court on Thursday. The two states argue in the lawsuit that, "the State of Colorado has created a dangerous gap in the federal drug control system."

"Marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems," the lawsuit alleges.
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Nebraska and Oklahoma's complaint argues that Colorado does not have authority to pass laws that conflict with the federal prohibition on marijuana. Doing so, the states claim, violates the Supremacy Clause of the U.S. Constitution.
Will the Supremes draw a line in the sand to preserve their power and the war on drugs? Will Colorado knuckle under if they do? This has ramifications far beyond marijuana, IMO. Could gay marriage share the same fate?
 

Amadan

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The Denver Post has the story.

Will the Supremes draw a line in the sand to preserve their power and the war on drugs? Will Colorado knuckle under if they do? This has ramifications far beyond marijuana, IMO. Could gay marriage share the same fate?


I can see this setting a precedent for everything from gay marriage to guns to cigarettes to... well, pretty much anything currently delegated to states.
 

emax100

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Oh. Where to the "state's rights" people line up on this one?

caw
Oh that's easy, they either shout "state's rights" to the hilltops or tell us "state's rights are bullshit" depending entirely on whether or not they personally like and approve of the laws the states are in battle over.
 

Don

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Oh. Where to the "state's rights" people line up on this one?

caw
I assume you're projecting that most states-rights people are also pro-drug war social conservatives?

It's just as tough a question for the anti-states rights, pro-marijuana people. I notice they're not knocking down the door to comment in this thread.

Oh, and I noticed you didn't say... Where do you line up on this one?

Since I'm pro-states-rights and pro-marijuana, it's an easy call for me, of course. OTOH, I'm pro-gay rights, but I also don't think states rights trump human rights, specifically the right to contract, so that's an easy call for me too.
 
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Ah, politics. There is a lot of money at stake here in DEA and narcotics budgets. Don't forget all of the nice cars, homes and money that is confiscated in the "war of drugs" that will simply go away if this trend toward legalization goes on.

Generally, narcotics are an easy bust. If you have ever watched an episode of "Cops" you see that about half of their time is spent arresting non violent people for marijuana possession. If it were to be legalized, they could actually spend their time on real criminals.
 

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Its just sad that these states would rather throw people in jail and take their possessions rather than tax the stuff and let people get on with their lives. Dick move Nebraska and Oklahoma.
 
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I can see their argument, but if Colorado has the right to have its own laws, I can't see a reasonable person saying that Nebraska and Oklahoma have a right to interfere in those laws. What if the US decided a country was harboring terrorists and it was draining our funds and places stress on our national security?

Oh, wait...
 

Shadow Dragon

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I can see this setting a precedent for everything from gay marriage to guns to cigarettes to... well, pretty much anything currently delegated to states.
I was thinking the same thing. For instance, state X has a cigarette tax, state Y doesn't. X could sue Y over people always crossing the border and then selling them in X.
 

Rachel77

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I can see their argument, but if Colorado has the right to have its own laws, I can't see a reasonable person saying that Nebraska and Oklahoma have a right to interfere in those laws.

The issue is that while Colorado legalized marijuana, it's still illegal under federal law. And federal law trumps state law (as laid out in Article VI of the Constitution).
 

CrastersBabies

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The federal government has already come out saying they aren't going to get involved if a state legalizes marijuana.

This is a clear lack of ability to prioritize in part of these states.
 

Rachel77

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The federal government has already come out saying they aren't going to get involved if a state legalizes marijuana.

Yep, I'm not arguing that. But if someone decides to press the point and take it to the courts, the Constitution is pretty clear on what the outcome would have to be.

For the record, I have no objections to legalizing marijuana. In fact, I was ranting last night to my mother (who prosecuted drug cases in her last years before retirement) about how the hysteria surrounding methamphetamine means that I can't get a decent decongestant anymore and get treated like a potential criminal when I do buy what's available. (I've been battling low-grade sinus pressure since September, and I'm sick of it.)