Two Neighboring States Sue Colorado for Marijuana Law

In the midst of Congress possibly putting a stop to marijuana legalization in D.C., the substance is the center of another issue.

Colorado legalized marijuana for personal use in 2012 and Nebraska and Oklahoma, both of which share borders with Colorado, are suing and saying that it violates federal law.

The lawsuit that was filed in the Supreme Court Dec. 18 addresses concern of marijuana coming into other states where the substance is still illegal.

“In passing and enforcing Amendment 64, the State of Colorado has created a dangerous gap in the federal drug control system enacted by the United States Congress. 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.”

Nebraska and Oklahoma claim that Colorado’s commercialization of marijuana goes against the Constitution. While states have individual laws, the federal government has the power to regulate interstate commerce on legal and illegal drug trafficking.

“The U.S. became a party to the Single Convention on November 1, 1972. Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol. The Single Convention specifically includes “cannabis” or marijuana. The parties to the Single 1 Convention, including the United States, resolved to protect against drug addiction and that the parties‘[s]hould do everything in their power to combat the spread of the illicit use of drugs.’”

Attorneys are prepared to defend marijuana legalization in Colorado.

“Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action,” Colorado Attorney General John Suthers said in a news release. “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.”

For the full lawsuit visit the Supreme Court.

Image via Shutterstock

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