DENVER – Attorneys general for Oklahoma and Nebraska filed a U.S. Supreme Court case Thursday seeking to overturn Colorado’s marijuana legalization.
The case comes as neighboring states have become increasingly concerned with marijuana leaving Colorado and entering their borders.
The crux of the case rests on the Supremacy Clause of the U.S. Constitution, which essentially states supremacy of federal law over state law.
The lawsuit points out that “the federal government has preeminent authority to regulate interstate and foreign commerce, including commerce involving legal and illegal trafficking in drugs such as marijuana.
“The Constitution and the federal anti-drug laws do not permit the development of a patchwork of state and local pro-drug policies and licensed distribution schemes throughout the country which conflict with federal laws,” the complaint states.
Attorneys for the neighboring states also raise concerns over a lack of regulation in Colorado’s voter-approved marijuana law to ensure that cannabis products don’t leave the state.
“Federal law undisputedly prohibits the production and sale of marijuana,” Nebraska Attorney General Jon Bruning said in a statement after joining Oklahoma Attorney General Scott Pruitt in filing the lawsuit. “Colorado has undermined the United States Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles.”
Colorado Attorney General John Suthers, a Republican who has long opposed marijuana legalization, said he will aggressively defend Colorado against the lawsuit.
“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,” Suthers said. “We believe this suit is without merit, and we will vigorously defend against it in the U.S. Supreme Court.”
But Suthers added that he is not surprised to see the case because “neighboring states have expressed concern about Colorado-grown marijuana coming into their states.”
Announcement of the case caused marijuana legalization supporters to attack the attorneys general in Oklahoma and Nebraska.
Mason Tvert, spokesman for the Marijuana Policy Project and a lead proponent of Amendment 64, pointed to reports of Bruning, a Republican, receiving tens of thousands of dollars from the beer, wine and liquor industry.
The Nebraska Democratic Party criticized Bruning for pushing deals for the alcohol industry, including taxing sweetened malt beverages – like Mike’s Hard Lemonade – as beer rather than liquor because beer is taxed at a much lower rate.
Nebraska Democrats said Bruning was not working to keep children safe since sweetened malt beverages often appeal to children.
A large concern surrounding marijuana legalization is the affect on children. But a national survey released Tuesday by the University of Michigan found that teen marijuana use is down nationally, despite legalization.
Teen use is down by about 2 points in Colorado, according to another survey released by state health officials in August.
“These guys are on the wrong side of history. They will be remembered similarly to how we think of state officials who fought to maintain alcohol prohibition years after other states ended it,” said Tvert, who has always maintained that marijuana should be regulated similar to alcohol.
“Attorney General Bruning is demonizing the adult use of marijuana, but clearly has no problem with adults using a far more harmful substance like alcohol,” Tvert said. “He might be happy living in an alcohol-only state, but here in Colorado, we believe adults should be able to make the safer choice.”
