National 420 day may be over but it’s two states against another in the war over legalized marijuana.
Nebraska and Oklahoma are suing Colorado. They are not suing their neighbor for making recreational pot legal, but for licensing marijuana stores. Officials from the two complaining states blame the stores for the flood of weed crossing their borders.
Since pot is still illegal in Nebraska and Oklahoma, law enforcement is getting stretched to its limits. It’s costing time, money and resources to maintain their laws. Attorneys for Nebraska and Oklahoma say Colorado is threatening their sovereignty, while Colorado’s lawyers say they are the ones being threatened because the other states are trying to “reach across their borders and selectively invalidate state laws with which they disagree.”
Again, it is important to point out that NE and OK are not going after the laws that legalized marijuana. They are only concerned with the part we mentioned that authorizes the retail element. They argue that the stores are the reason so much of the drug is crossing over their state lines. Colorado attorneys say without these licensed stores the black market gets bigger, and that black market would be a much harder challenge. A brief they submitted to the court argues that it is actually third parties that are illegally diverting marijuana across state lines.
Washington and Oregon, two other states that have fully legalized marijuana, sent a friend-of-the-court brief in support of Colorado. The attorneys general of these states claim that Colorado’s laws in no way prevent Nebraska and Oklahoma from enforcing their own.
Since this is a matter of state against state, the suit gets filed directly to the U.S. Supreme Court. Now the nation’s highest court must decide if it will even take up the case.
Employment Background Investigations is a technology driven leader in domestic and global pre-employment background checks, drug testing, occupational health screening and I-9 compliance. We specialize in development, implementation and management of customized employment screening programs for large and multi-national clients. We are dedicated to information security. EBI is the only NAPBS Accredited background screening company in the world to hold both an ISO 27001:2005 certification for information security and an ISO 9001:2008 certification for Quality Management.
All content provided by EBI is published for the convenience of its readers and should never be deemed as legal guidance or advice. Always consult your legal counsel for specific advice on state laws and industry regulations.