Nebraska and Oklahoma Sue Colorado Over Legal Cannabis

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  • Kutnupe14

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    Awww...poor Okies. Colorado weed is likely the only thing that makes life in their states even marginally bearable. They should be glad it's legal over there. Or maybe they're just jealous that Colorado is a bit more free than they are.

    Nebraska and Oklahoma sue Colorado over marijuana legalization - The Denver Post

    Omaha is a pretty happenin' place. The Old Market rocks. And is probably one of the last place in the states with multitude of legit hot blondes over 5'8. :yesway:
     

    hoosierdoc

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    Given our nation of laws, shouldn't this suit be successful? A state is being harmed by the federally outlawed actions of another state. Seems rather straight-forward to me. What am I missing other than an "it's MJ so who cares" attitude?
     
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    cobber

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    Given our nation of laws, shouldn't this suit be successful? A state is being harmed by the federally outlawed actions of another state. Seems rather straight-forward to me. What am I missing other than an "it's MJ so who cares" attitude?

    That about sums it up.
     

    deal me in

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    Given our nation of laws, shouldn't this suit be successful? A state is being harmed by the federally outlawed actions of another state. Seems rather straight-forward to me. What am I missing other than an "it's MJ so who cares" attitude?

    Why should the suit be successful? They give no evidence of harm. The complaints are that they are making more mj related arrests (with zero evidence that Colorado's legalization has anything to do with it) and they are seizing more suspected drug money. In addition, Ok and NB seem to be upset that Colorado isn't respecting the Fed govt's authority. Maybe the judge will have a moment of lucidity and rule that Federal drug laws are un-constitutional.
     

    hoosierdoc

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    They present evidence at the trial, not at the filing of suit, correct? Evidence shouldn't be hard to determine who grew what they seized. These are regular dudes probably, not ruthless cartel coyotes. They just want released and will likely give information.

    It is much more likely that a federal court will invalidate Colorado law as it opposes federal law.
     

    mrjarrell

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    Oklahoma and Nebraska Try to Force Pot Prohibition on Colorado - Hit & Run : Reason.com

    Prohibitionists have been pushing this argument for years, but it will not get them what they want. As Deputy Attorney General James Cole explained to the Senate Judiciary Committee last year, the Justice Department decided against trying to block marijuana legalization in Colorado and Washington after concluding that there was no viable legal strategy to stuff the buds back into the jar. It is well established that Congress cannot compel states to punish activities they decide should not be treated as crimes. Although the federal government might have more success in challenging a state's licensing, regulation, and taxation of marijuana businesses, Cole said, the upshot of such a victory would be a legal but completely unregulated market. Given the way the Supreme Court has interpreted the Commerce Clause with reference to the ban on marijuana, the feds might force Colorado and Washington to scrap their rules for growing and distributing marijuana. But they cannot constitutionally force Colorado and Washington to arrest, prosecute, and imprison marijuana growers and distributors.
     

    hoosierdoc

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    So OP... Why should the lawsuit not be successful given our nation of laws?

    how do you defend in federal court against a federal crime that you are legalizing?
     

    mrjarrell

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    So OP... Why should the lawsuit not be successful given our nation of laws?

    how do you defend in federal court against a federal crime that you are legalizing?
    Read the Reason article for your answer. Just because we have gargantuan books filled with laws doesn't mean they'll be enforced the way you'd like. The lawsuits will likely not be successful. Nor should it be.
     

    hoosierdoc

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    Read the Reason article for your answer. Just because we have gargantuan books filled with laws doesn't mean they'll be enforced the way you'd like. The lawsuits will likely not be successful. Nor should it be.

    I did.

    It is well established that Congress cannot compel states to punish activities they decide should not be treated as crimes.

    This is not Congress. This is the Judiciary. The third branch of government. Choosing not enforce something of your own accord is one thing, refusing to enforce laws on the books when a state sues another stated on the grounds of that law on the books is entirely different. We are either a nation of laws or we are not.

    This speaks to a much broader issue at hand... unelected officials deciding which laws they are going to enforce that ELECTED officials enacted. We are a representative republic. We elect people who then pass laws. We did not elect Eric Holder, he does not set law.
     

    amboy49

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    I read the article and I believe one of the complaints is the state is paying overtime to officers to attend court. I assume both states are receiving an exponential increase in fines which help fill their coffers and also help defray the personnel costs. I'm sure the cops are thrilled with all of the overtime pay - and that spendable income is being distributed throughout the various communities.

    heck, if anyone should be suing anyone it should be the counties most distant from Colorado that aren't getting to stop as many suspected drug mules as the counties that are closest to the border. (apply purple if applicable)
     

    Cygnus

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    Illinois will probably be suing us next for our gun laws. Or we'll sue them for the medical marijuana laws.

    This. It is akin to states suing other states for "guns flowing into it".
    And just like the gun analogy, the issue here is when it crosses the state lines. That is when an INDIVIDUAL has broken a law. Not the state. Cases won't go anywhere IMO.
     
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