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US: Nebraska and Oklahoma sue Colorado over marijuana legalization

John Ingold

Denver Post

Thursday 18 Dec 2014

Two neighboring states are asking the U.S. Supreme Court to strike down Colorado's laws legalizing recreational marijuana.

The Colorado attorney general's office says the states of Nebraska and Oklahoma have filed the lawsuit directly with the nation's highest court. The attorney general's office says the lawsuit alleges "that Colorado's Amendment 64 and its implementing legislation regarding recreational marijuana is unconstitutional under the Supremacy Clause of the U.S. Constitution."

Colorado Attorney General John Suthers said in a statement that he will defend the state's legalization of marijuana.

"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."

In a news conference Thursday, Nebraska Attorney General Jon Bruning said marijuana from Colorado is turning up in Nebraska, resulting in an increase in marijuana-related arrests on his state's western border.

"Nebraska taxpayers have to bear the cost," Bruning said, in comments reported by the Omaha World-Herald. "We can't afford to divert resources to deal with Colorado's problem."

"Federal law undisputedly prohibits the production and sale of marijuana," Bruning added. "Colorado has undermined the United States Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles."

Mason Tvert — one of the chief proponents of Amendment 64, the ballot initiative that legalized marijuana possession and use for anyone over 21 in Colorado — said Nebraska and Oklahoma are "on the wrong side of history."

"It's unfortunate the state of Nebraska is trying to dictate the laws here in Colorado," Tvert said.

This is a breaking news story that will be updated.

John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/johningold

http://www.denverpost.com/marijuana/ci_27163543/nebraska-and-oklahoma-sue-colorado-over-marijuana-legalization

 

 

 

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