Pubdate: Fri, 18 Dec 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122

GOOD ADVICE ON POT-LAW LAWSUIT

U.S. Solicitor General Donald Verrilli Jr.'s opinion on why the U.S. 
Supreme Court should deny a complaint against Colorado's marijuana 
laws brought by neighboring states is straightforward and sensible.

Verrilli points out that the nation's highest court rarely intercedes 
in state disputes, reserving jurisdiction to cases with clear 
damages, such as when pollution from one state causes harm to people 
or property in another state, or when a state's actions can be 
demonstrated to be causing economic harm in another.

But the allegations brought by Nebraska and Oklahoma that Colorado's 
marijuana laws are creating a dangerous gap in the federal drug 
control system is a stretch, Verrilli points out in his brief to the 
court released on Wednesday.

Nebraska and Oklahoma's suit is framed around the fact that marijuana 
is still a drug banned by federal authorities.

The suit, which seeks to prod federal officials into cracking down on 
Colorado's system of retail marijuana, maintains that Colorado allows 
pot to flow into neighboring states, undermining their "marijuana 
bans, draining their treasuries and placing stress on their criminal 
justice systems."

These claims amount to outlandish hyperbole, but Verrilli cites an 
even bigger problem with them. As he points out, Colorado is not 
responsible for the actions of third parties who may choose to break 
the laws of Nebraska and Oklahoma where pot is still illegal.

"They do not allege that Colorado has directed or authorized any 
individual to transport marijuana into their territories in violation 
of their laws. Nor would any such allegation be plausible," he writes.

Fortunately, this legal opinion of the government's top lawyer 
reinforces the Obama administration's reasonable stance on pot 
legalization - that as long as certain safeguards are in place, the 
feds will stand back and let the experiment play out.

We hope the Supreme Court accepts Verrilli's opinion and chooses not 
to hear this case.
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MAP posted-by: Jay Bergstrom