Pubdate: Fri, 19 Dec 2014
Source: Albuquerque Journal (NM)
Copyright: 2014 The Associated Press
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Grant Schulte, the Associated Press

2 STATES SUING COLORADO OVER POT LEGALIZATION

Nebraska, Oklahoma Petition High Court

LINCOLN, Neb. (AP) - Nebraska and Oklahoma on Thursday asked the U.S. 
Supreme Court to declare Colorado's legalization of marijuana 
unconstitutional, saying the drug is being brought from Colorado into 
the neighboring states.

Nebraska Attorney General Jon Bruning said the states filed a lawsuit 
seeking a court order to prevent Colorado from enforcing the measure 
known as Amendment 64, which was approved by voters in 2012. The 
complaint says the measure runs afoul of federal law and therefore 
violates the Constitution's supremacy clause, which says federal laws 
trump state laws.

"This contraband has been heavily trafficked into our state," Bruning 
said at a news conference in Lincoln. "While Colorado reaps millions 
from the sale of pot, Nebraska taxpayers have to bear the cost."

In a policy statement last year, the U.S. Justice Department noted it 
doesn't have the resources to police all violations of federal 
marijuana law. It laid out eight federal law enforcement priorities 
that states need to protect if they want to authorize 
"marijuana-related conduct." They include keeping marijuana in-state 
- - something Oklahoma and Nebraska says Colorado has failed to do.

Oklahoma Attorney General Scott Pruitt said Colorado's decision has 
hindered his state's efforts to enforce its anti-marijuana laws.

"As the state's chief legal officer, the attorney general's office is 
taking this step to protect the health and safety of Oklahomans," 
Pruitt said in a statement.

Washington state also has legalized marijuana, but Bruning said 
Washington wasn't included in the lawsuit because it doesn't share a 
border with Nebraska or Oklahoma.

Colorado Attorney General John Suthers said the lawsuit was without 
merit but that he was not totally surprised by it because neighboring 
states have expressed concerns about Colorado marijuana crossing the border.

"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," Suthers said in a statement 
in which he said Colorado would vigorously defend its law.

Bruning, a Republican, blamed U.S. Attorney General Eric Holder for 
failing to enforce the federal law's ban on drugs in Colorado.

Legal scholars say it's too early to know how the Supreme Court might 
handle the case or if it will even accept it.

"Right now, these regulations exist in legal no-man's land," said Sam 
Kamin, a University of Denver law professor. "It's incredibly unusual 
for a state to be suing another state. (The lawsuit) certainly was a 
surprise to me given the movement at the federal level, which seems 
to be in favor of allowing states to experiment."

Brian Vicente, a Colorado attorney and legalization advocate who 
wrote Amendment 64, said the challenge is "political grandstanding" 
without merit. He said 23 states have enacted medical marijuana laws, 
and none have been overturned because of federal law.
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