Pubdate: Fri, 19 Dec 2014
Source: Washington Times (DC)
Copyright: 2014 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Valerie Richardson

COLORADO FACING SUITS OVER LEGAL POT

Oklahoma, Nebraska Sue State

DENVER - Two states - Oklahoma and Nebraska - filed a lawsuit 
Thursday against neighboring Colorado over its law legalizing 
recreational marijuana, contending that it violates the Supremacy 
Clause of the U.S. Constitution.

The legal challenge, an original action filed with the U.S. Supreme 
Court, is the first of its kind since Colorado voters passed 
Amendment 64 in 2012, which allows recreational pot use and sales for 
adults 21 and over.

Nebraska Attorney General Jon Bruning said one problem with 
Colorado's law is that marijuana is now crossing state lines, causing 
headaches for states where pot remains illegal under both state and 
federal law.

"Colorado has created a system that legalizes, promotes and 
facilitates distribution of marijuana," Mr. Bruning said in a 
statement. "The illegal products of this system are heavily 
trafficked into neighboring states, causing an unnecessary burden on 
the state of Nebraska. Colorado has undermined the United States 
Constitution, and I hope the U.S. Supreme Court will uphold our 
constitutional principles."

Colorado Attorney General John Suthers announced that his office 
would defend Colorado's law. Mr. Suthers is term-limited and will be 
succeeded in January by Cynthia Coffman, his deputy, who was elected 
in November. Both officials are Republicans.

Mr. Suthers argued that the responsibility to enforce federal laws 
such as marijuana prohibition outside Colorado is a federal 
responsibility, not Colorado's, and his neighbors should take it up 
with Washington.

"Because neighboring states have expressed concern about 
Colorado-grown marijuana coming into their states, we are not 
entirely surprised by this action," Mr. 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."

Oklahoma Attorney General Scott Pruitt said the flow of marijuana 
into his state has made it tougher to enforce anti-pot 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," Mr. 
Pruitt said in a statement.

Marijuana is banned under federal law as a controlled substance, but 
a Justice Department memo issued last year outlined enforcement 
priorities for states that legalize pot, including taking steps to 
keep the drug within the state borders.

Mr. Bruning said that hasn't happened. In Sidney, Nebraska, just 
outside the Colorado border, police say half of all traffic stops 
result in marijuana arrests, according to KLKN-TV in Lincoln.

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

Colorado's retail pot market is approaching its first anniversary in 
January. Colorado voters approved medical marijuana in 2000, but the 
lawsuit only challenges recreational pot.

Colorado Gov. John Hickenlooper told the Denver Post that he has 
discussed such concerns with officials in Nebraska and Oklahoma, 
adding, "I'm not sure filing a lawsuit is the most constructive way 
to find a solution to whatever issues there are."

Washington state also legalized recreational pot in 2012, but that 
retail market didn't open until June.

Voters in Alaska, Oregon and the District of Columbia passed measures 
in November that legalize the recreational use of marijuana, although 
Congress's de facto veto over the District's laws means the nation's 
capital isn't likely to see legalized pot any time soon.

This article was based in part on wire-service reports.
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MAP posted-by: Jay Bergstrom