Pubdate: Tue, 22 Mar 2016
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2016 Appeal-Democrat
Contact: 
https://appeal-democrat-dot-com.bloxcms-ny1.com/site/forms/online_services/letter/
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343

STATES' CHALLENGE AGAINST LEGAL POT LAWS REJECTED

WASHINGTON (TNS)  The Supreme Court on Monday rejected a conservative 
challenge to the marijuana legalization laws adopted in Colorado and 
elsewhere that permit adults to buy, sell or use an ounce of the drug.

By a 6-2 vote, the justices turned away a lawsuit brought by Nebraska 
and Oklahoma, whose state attorneys complained that illegal marijuana 
was pouring into their states as a result of Colorado's liberalized laws.

"The state of Colorado authorizes, oversees, protects and profits 
from a sprawling $100-million-permonth marijuana growing, processing 
and retailing organization that exported thousands of pounds of 
marijuana to some 36 states in 2014," they said. "If this entity were 
based south of our border, the federal government would prosecute it 
as a drug cartel."

They argued that Colorado's law violates the federal Controlled 
Substances Act, which treats marijuana as a dangerous drug and 
forbids its sale or use. They urged the Supreme Court to take up the 
issue as an "original" matter and declare that Colorado's law was 
preempted by the federal drug laws.

Usually, the high court hears appeals from lower court rulings. But 
on rare occasions, the justices are called upon to decide disputes 
between states. Typically, however, these "original" suits involve 
disagreements over boundaries or the use of river water that flows 
from one state to another.

The suit brought by Nebraska and Oklahoma also implicitly challenged 
the Obama administration for its refusal to intervene more directly 
in Colorado.

Since California's voters in 1996 authorized medical use of 
marijuana, 22 other states have adopted similar measures. Colorado, 
Washington, Oregon and Alaska went further and allowed for the 
production and sale of marijuana for recreational use.

Justices Clarence Thomas and Samuel A. Alito Jr. dissented Monday. 
"The plaintiff states have alleged significant harms to their 
sovereign interests caused by another state," Thomas wrote. "We 
should let this complaint proceed further rather than denying leave 
without so much as a word of explanation."
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MAP posted-by: Jay Bergstrom