Marijuana Melee: Nebraska And Oklahoma v. Colorado

In December of last year, Nebraska and Oklahoma (the “NO States”) filed suit against Colorado in the United States Supreme Court, seeking to invalidate Colorado’s recreational cannabis laws. Last week, the Supreme Court invited the Obama Administration to weigh in with its position on the lawsuit.

The NO states allege that marijuana from Colorado has strained their financial and legal resources by forcing them to spend time and money making arrests, housing criminals, impounding vehicles, and seizing drugs. Colorado marijuana has also allegedly undermined the NO States’ marijuana prevention programs. Without any statistics to support their claims, the NO States also allege that Colorado has failed to keep its marijuana in Colorado.

The NO States argue that Article VI of the Constitution requires federal law prevail over contradictory state law and no state may “authorize the violation of federal law.” According to the NO States, Colorado’s allowing growing and...

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