Pubdate: Fri, 19 Dec 2014 Source: Oklahoman, The (OK) Copyright: 2014 The Oklahoma Publishing Co. Contact: http://www.newsok.com/voices/guidelines Website: http://newsok.com/ Details: http://www.mapinc.org/media/318 Author: Adam Kemp STATE SEEKS TO SNUFF OUT COLORADO MARIJUANA SALES Oklahoma on Thursday joined with Nebraska in filing a lawsuit asking the U.S. Supreme Court to deem Colorado's recreational marijuana law unconstitutional. The states argue that Colorado's Amendment 64 runs counter to federal law, has created a dangerous gap in the federal drug control system and places an undue burden on neighboring states that have seen an increase in the amount of Colorado marijuana flooding across their borders. "Federal law classifies marijuana as an illegal drug," Oklahoma Attorney General Scott Pruitt said in a written statement announcing the lawsuit. "The health and safety risks posed by marijuana, especially to children and teens, are well documented." Marijuana distributed in Colorado is being trafficked across state lines, injuring Oklahoma's ability to enforce the state's policies against marijuana, "draining their treasuries, and placing stress on their criminal justice system," the lawsuit states. In Denver, Colorado Attorney General John Suthers said he believes the states' lawsuit is without merit. "Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action," Suthers said in a written statement. "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." Pruitt contends the lawsuit does have merit because Oklahoma is directly affected by Colorado's sales of marijuana. "This is not about whether a state can legalize for state law purpose," Pruitt said in an interview Thursday evening. "This is about whether a state can engage in commercial enterprise in marijuana at the expense of another state." Oklahoma and Nebraska also contend that Colorado's law violates a number of international drug-control treaties. Since the implementation of Amendment 64, the states claim to have suffered "direct and significant harm" arising from the increased presence of Colorado-sourced marijuana, according to the lawsuit. States cite costs In the lawsuit, the two states say they incurred significant costs incarcerating suspected and convicted felons on charges related to Colorado-sourced marijuana. The lawsuit did not include any specific figures for those costs. When asked what right Oklahoma has to dictate Colorado state law, Pruitt turned the question around. "What right does Colorado have to tell Oklahoma what it can do or not," he said. "This isn't about Colorado passing a state law, they did more than just legalize marijuana in their state. They adopted a commercial enterprise." Oklahoma NORML, a group that advocates the legalization of marijuana, questioned Pruitt's decision to challenge another state's laws, adding that no evidence exists to show an increased burden on the state. "They haven't showed any hard data backing up that claim," NORML spokesman Erik Altieri said. "Most of the legal professionals we have spoken with are dubious at how they even have standing to challenge another state's law." Pruitt said they are in talks with law enforcement across the state about the extra costs of protecting the border from Colorado marijuana. "The information we are receiving back is that the Colorado law has impacted Oklahoma and injured our state policies against marijuana," he said. "It's facilitating commercial trafficking, and it crosses state lines and it violates federal law." - --- MAP posted-by: Jay Bergstrom