Nebraska, Oklahoma Ask SCOTUS to Declare Colorado Pot Law Unconstitutional

On Thursday, Nebraska and Oklahoma asked the Supreme Court to overturn Colorado’s law legalizing recreational use of marijuana. The states claim that Colorado’s law violates the Supremacy Clause of the Constitution.


Marijuana is flowing into neighboring states causing a law enforcement hassle.

Nebraska’s Attorney General Job Brunning said the law is creating problems in his states where the drug is still illegal. “Colorado has created a system that legalizes, promotes and facilitates distribution of marijuana,” Mr. Bruning said in a statement. “The illegal products of this system are heavily trafficked into neighboring states, causing an unnecessary burden on the state of Nebraska. Colorado has undermined the United States Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles.”

Oklahoma’s Attorney General Scott Pruitt is also having a tough time enforcing anti-marijuana laws.

“As the state’s chief legal officer, the attorney general’s office is taking this step to protect the health and safety of Oklahomans,” Mr. Pruitt said in a statement.

Colorado’s top law enforcement official promises to defend Colorado’s law.

Colorado Attorney General John Suthers claims the responsibility is with the federal government to enforce federal law.


“Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action,” Mr. Suthers 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.”

Colorado Governor John Hickenlooper told the Denver Post that he has discussed these issues with Nebraska and Oklahoma, adding “I’m not sure filing a lawsuit is the most constructive way to find a solution to whatever issues there are.”



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