Pubdate: Tue, 06 Jan 2015
Source: Oklahoman, The (OK)
Copyright: 2015 The Oklahoma Publishing Co.
Contact: http://www.newsok.com/voices/guidelines
Website: http://newsok.com/
Details: http://www.mapinc.org/media/318
Author: Rick M. Green, Capitol Bureau
Page: 1A

POT LAWSUIT DRAWS OPPOSITION

Oklahoma Attorney General Scott Pruitt, a vocal proponent of states' 
rights, drew criticism Monday from fellow Republicans who oppose his 
attempt to have the U.S. Supreme Court overturn Colorado's marijuana 
legalization law.

State Rep. Mike Ritze, R-Broken Arrow, and six other GOP lawmakers 
sent a letter to Pruitt criticizing his decision to join Nebraska in 
asking the high court to invalidate Colorado voters' 2012 
determination to legalize marijuana for recreational use.

They want him to remove Oklahoma from that legal fight, saying he 
should not meddle in the affairs of another state.

"This is not about marijuana at its core - it is about the U.S. 
Constitution, the 10th Amendment, and the right of states to govern 
themselves as they see fit," Ritze said. "If the Supreme Court can 
force Colorado to criminalize a substance or activity and commandeer 
state resources to enforce extra-constitutional federal statutes and 
U.N. agreements, then it can essentially do anything, and states 
become mere administrative units for Washington, D.C.

"Our Founding Fathers intended the states to be laboratories of 
self-government, free to tinker and experiment with different ideas. 
The founders, from Jefferson to Madison, were also strong proponents 
of states nullifying unconstitutional federal actions. If the people 
of Colorado want to end prohibition of marijuana, while I may 
personally disagree with the decision, constitutionally speaking, 
they are entitled to do so."

Pruitt said his lawsuit challenges only the portion of Colorado law 
that affects Oklahoma, the interstate trafficking of marijuana.

"We will continue to work with the representative and others to 
ensure this critical distinction is communicated so as to hopefully 
address any confusion over the lawsuit's objectives," Pruitt said 
Monday. "As a strong advocate for states' rights, I can assure the 
representative that if at any time our lawsuit risks impairment of 
any states' rights under the Constitution, I will immediately 
terminate the lawsuit."

Oklahoma and Nebraska 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.

Their complaint contends they have seen an increase in the amount of 
Colorado marijuana coming across their borders.

Ritze said he has researched the issue, met with state and local law 
enforcement, and found from numerous sources there is no statistical 
evidence indicating a significant problem with Colorado marijuana 
coming across Oklahoma's border.

"We're kind of scratching our heads," Ritze said. "I would like the 
attorney general to show us where the problem is."

The complaint filed with the Supreme Court lists as one article of 
support the United Nations Convention Against Illicit Traffic in 
Narcotic Drugs and Psychotropic Substances of 1988.

"That's one of our major concerns, using U.N. treaties to trump 
states' rights," Ritze said.

He said there may be a way to push legislation to encourage Pruitt to 
drop the legal action.

"In a budgetary crisis, now we're going to go out and spend 
potentially thousands of dollars on this lawsuit," Ritze said.

"We might consider something that would rein in attorney general expenses."

Pruitt has been one of the most active attorneys general in taking on 
what he describes as federal overreach. He filed the first lawsuit 
challenging the implementation of the Affordable Care Act, has been a 
leading advocate of what he calls "the EPA's activist agenda," and is 
part of a multistate lawsuit challenging the constitutionality of the 
Dodd-Frank financial law.

Other legislators who signed the letter criticizing Pruitt's actions 
on the marijuana law were Rep. Lewis Moore, R-Arcadia; Rep. John 
Bennett, R-Sallisaw; Rep. Mike Christian, R-Oklahoma City; Rep. Dan 
Fisher, R-El Reno; Sen. Ralph Shortey, R-Oklahoma City; and Sen. 
Nathan Dahm, R-Broken Arrow.
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MAP posted-by: Jay Bergstrom