CO-04 (Special Election) See Full Big Line

(R) Greg Lopez

(R) Trisha Calvarese

90%

10%

President (To Win Colorado) See Full Big Line

(D) Joe Biden*

(R) Donald Trump

80%

20%↓

CO-01 (Denver) See Full Big Line

(D) Diana DeGette*

90%

CO-02 (Boulder-ish) See Full Big Line

(D) Joe Neguse*

90%

CO-03 (West & Southern CO) See Full Big Line

(D) Adam Frisch

(R) Jeff Hurd

(R) Ron Hanks

40%

30%

20%

CO-04 (Northeast-ish Colorado) See Full Big Line

(R) Lauren Boebert

(R) Deborah Flora

(R) J. Sonnenberg

30%↑

15%↑

10%↓

CO-05 (Colorado Springs) See Full Big Line

(R) Dave Williams

(R) Jeff Crank

50%↓

50%↑

CO-06 (Aurora) See Full Big Line

(D) Jason Crow*

90%

CO-07 (Jefferson County) See Full Big Line

(D) Brittany Pettersen

85%↑

 

CO-08 (Northern Colo.) See Full Big Line

(D) Yadira Caraveo

(R) Gabe Evans

(R) Janak Joshi

60%↑

35%↓

30%↑

State Senate Majority See Full Big Line

DEMOCRATS

REPUBLICANS

80%

20%

State House Majority See Full Big Line

DEMOCRATS

REPUBLICANS

95%

5%

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
December 18, 2014 02:09 PM UTC

Nebraska, Oklahoma Sue To Kill Colorado Marijuana Legalization

  • 27 Comments
  • by: Colorado Pols
Not for export.
Not for export.

What a buzzkill, as the Colorado Independent's John Tomasic reports:

The attorneys general for Nebraska and Oklahoma are suing neighboring Colorado for legalizing pot. Initial reports have suggested the two states were acting in response to the costs they have incurred as a result of legalization, presumably for policing the border for pot traffickers of the new era…

That said, outgoing Republican Colorado Attorney General John Suthers is having none of it:

In a release, Colorado Attorney General John Suthers says the action seems more aimed at forcing the hand of federal authorities than it is at challenging the will of the voters of Colorado.

“Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action,” he 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.” [Pols emphasis]

Tomasic notes that other conservative states bordering Colorado, like Kansas, Wyoming, and Utah, did not join this lawsuit–which raises questions about whether it's is based on a legitimate question, or amounts to pointless grandstanding by a couple of ambitious red-state attorneys general. It's worth noting also that AG Suthers has himself been no fan of marijuana legalization in Colorado: so when he says this lawsuit is "without merit," we're inclined to believe him.

We would add something about how nobody from Colorado wants to visit these crappy flatland states anyway, but that would just be gratuitous. Everyone knows that already.

Comments

27 thoughts on “Nebraska, Oklahoma Sue To Kill Colorado Marijuana Legalization

  1. What has always been true for beer now applies to weed:

    If you take an Okie fishing you's better take two of them.

    If you only take one he'll smoke all of your weed.

  2. Reminds me of another grandstanding AG from a dry state.

    40-odd years ago the Kansas AG, Vern Miller (doesn't that sound just perfect?), raided an Amtrak train for serving liquor while traversing Kansas, which still outlawed alcohol at the time.  It also resulted in airlines halting alcohol service while flying over the state.

    We know how that turned out.  I suspect legal weed will also win out slowly in other states.

  3. Case dismissed with extreme prejudice.  Lawsuit already violates the 10th Amendment before it started. 

    Oklahoma and Nebraska needs to learn how to be progressive, not assholes. Oh, med marijuana is now legal in the United States – as the CRomnibus removed that criminality.

    Therefore, the case has no standing.

    Colorado should counter-sue them to collect what I call the "idiot tax" of $50m each from both states and set up border crossings from Nebraska and Oklahoma, and the tolls should be hefty for these morons. Then these morons can complain to the elected morons. Then the elected morons will formally apologize after travellers complain about the taxes levied on them for crossing Colorado.

    Great job, Nebraska and Oklahoma. I had planned on a I-76 trip through the shitty state of Nebraska over the summer, but instead I'll take the I-70 east to Chicago. Long way, but worth it to avoid tainting myself with idiots. But then Kansas is also an idiot state, but it's their fucking problem and they didn't bother to join their border states…

      1. I hear that neighboring states are already stopping anyone on the youngish side with Colorado plates to search for weed. In the process they can ticket them for any little infraction, real or imagined, they can come up with. I suspect our legalization is more of a money maker than an expense for neighboring states.

    1. Regarding the Cromnibus:  not quite.  It does defund any federal intervention to prevent states that have legalized medical marijuana from "implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana."

      It is a direction regarding how to allocate enforcement resources.  It does not, in any way, legalize medical marijuana. That would require delisting marijuana from Schedule I.

      1. Also–the Cromnibus amendment prevents the Department of Justice from interfering with medical marijuana laws, so it doesn't do much to solve the problems that the medical marijuana industry has with the IRS, which is under the Department of the Treasury.

      1. Have they forgotten they recently sued the Feds over 'states rights' re: Obamacare?  They're more confused than a two-peckered billygoat in a field full of nannies.

        1. Bifurcated  huh? Their case isn’t worth the paper its written on, Unlike the Declaration of Independence & the Constitution, 1st & 2nd drafts were written on hemp containing paper (Dutch) (final was on parchment)  Both states afflicted by "second hand fumes", one sucks the other blows.

  4. There is no question that Colorado could decriminalize marijuana.  However, in taxing and regulating an industry that is clearly illegal under federal law, the state has taken an enormous risk, and it is not surprising that there are legal repercussions from neighboring states.  It is not a stretch to think that the Supreme Court will find that Colorado cannot create or permit a marijuana industry that violates federal law.

    Consider these situations:

    Utah starts issuing state licenses to industries to allow them to emit mercury into the air, creates a regulatory and trading system for such permits, and collects taxes based on the amount of mercury released.  If air-borne mercury finds its way to a neighboring state–say, Colorado–could Colorado sue to enjoin Utah on the grounds that, since mercury emissions are illegal under federal law, Utah is prohibited from creating and profiting from a market in mercury pollution?

    Can Utah exempt foodstuffs manufactured in its prisons from safety and sanitary regulations, and then sell salmonella-tainted foodstuffs in state-regulated stores set up at the border with Colorado?

    Is a Virginia gun store that sells weapons that it knows are illegal in New York to buyers that it knows (or should know) will transport those weapons to New York immune from suit by or on behalf of New York?

     

     

      1. My understanding of the Oregon assisted suicide statute is that it essentially decriminalized assisted suicide.  In other words, a physician and patient who meet certain requirements and satisfy certain protocols are immune from state prosecution.  Otherwise, the state is not encouraging, facilitating, or regulating the practice.  Assisted suicide might still break federal law regarding prescribing the drugs used, but I don't know if there is a case on point.  In the medical marijuana area, there is most definitely a case–Oakland Cannabis Club–in which the Supreme Court held that, notwithstanding state-level legalization, medical marijuana activities violate federal law.

    1. I have zero clue on the legal issues you bring up, but I do know that, in the big historical picture, change around social issues always begins at the state and local levels, then gradually percolates upwards to the Federal level.

      Examples: women's suffrage, abolition, civil rights, access to abortion and contraception, equality in marriage.

      So I'm not too worried about the Supreme Court ruling  that Colorado can't enact laws contradictory to Federal ones. These people are all about "state's rights", as Michael brought out. Ruling in favor of the Federal Government and against a State law would be, well, anti-Freedom.

      And use of medical and recreational cannabis is not restricted along party lines – the staunchest conservatives uphold the individual's rights  to choose his/her own remedies.

Leave a Comment

Recent Comments


Posts about

Donald Trump
SEE MORE

Posts about

Rep. Lauren Boebert
SEE MORE

Posts about

Rep. Yadira Caraveo
SEE MORE

Posts about

Colorado House
SEE MORE

Posts about

Colorado Senate
SEE MORE

219 readers online now

Newsletter

Subscribe to our monthly newsletter to stay in the loop with regular updates!