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Nebraska, Oklahoma challenge Colorado cannabis law

Posted on December 20th, 2014 by Global Ganja Report and tagged , , , , , , , , , .

ColoradoIn the most serious challenge yet to Colorado's cannabis legalization policy, the states of Nebraska and Oklahoma took the unusual move of filing a case against it directly with the US Supreme Court. The two states argue 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." Lawyers for the Cornhusker State and the Sooner State assert that local authorities have registered a big uptick in cannabis entering their towns since Colorado legalized with voter-approved Amendment 64 in 2012. The suit also claims Colorado's legalization policy violates the Supremacy Clause of the US Constitution.

Colorado Attorney General John Suthers said in a statement that he will "vigorously defend" the state’s legalization program, calling the lawsuit "without merit." Suthers added: "Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action. 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.”

Stores able to sell up to an ounce of cannabis to any adult with a Colorado ID—or a quarter ounce to any adult with an out-of-state ID—opened on Jan. 1, 2014. Recreational cannabis outlets in the Centennial State have made more than $300 million in sales in 2014. (Jurist, Dec. 19; The Cannabist, Dec. 18)

Cross-post to High Times



Really, what IS the matter with Kansas?

Bill Weinberg's picture

Ben Swann broke the story of Shona Banda, a medical marijuana patient in Kansas (she treats her Crohn’s disease with cannabis oil) who faces a child custody battle after her 11-year-old son spoke up in defense of the herb's medicinal uses in a classroom discussion. His comments resulted in her home being raided, her son being seized by state authorities, and charges brought against her when two ounces of cannabis oil were found. Vocativ now reports that her Facebook page has been disabled.

And to think that Kansas borders Colorado (where the Banda family had previously lived). The cultural-political gulf in this country challenges the imagination...

Comment by Bill Weinberg on Apr 20th, 2015 at 10:13 pm

Supreme Court turns down challenge to Colorado legalization

Global Ganja Report's picture The US Supreme Court on March 21 declined to hear a case brought by Nebraska and Oklahoma challenging Colorado's marijuana policy. The suit, filed directly in the Supreme Court, claimed Colorado's legalization law contravenes the US Constitution and intrude on the petitioning states' internal drug regulation, justice systems and treasuries. Colorado Attorney General Cynthia Coffman issued a statement welcoming the denial of the motion. (Jurist)
Comment by Global Ganja Report on Mar 22nd, 2016 at 4:02 am

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