Legalization of pot in Colorado violates supremacy clause, two states argue in SCOTUS suit
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Nebraska and Oklahoma are asking the U.S. Supreme Court to decide an original jurisdiction lawsuit that seeks to invalidate Colorado’s legalization of marijuana under the supremacy clause.
The suit alleges that Colorado’s law has no safeguards to ensure marijuana is not trafficked to other states. The Wall Street Journal Law Blog (sub. req.) and the New York Times have stories. How Appealing links to additional coverage.
“The state of Colorado has created a dangerous gap in the federal drug control system enacted by the United States Congress,” the suit alleges. “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.”
Colorado Attorney General John Suthers says the suit is without merit. “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 cited by the Law Blog.
Suthers had opposed legalization of marijuana in his state, but said he would “vigorously defend” the suit, the New York Times says.
