Obama Administration Wants Supreme Court To Reject Marijuana Suit

[Jacob Redmond]

Despite its opposition to making marijuana use legal, the Obama administration is urging the Supreme Court to reject a lawsuit from Nebraska and Oklahoma that seeks to declare Colorado's pot legalization unconstitutional.

The Justice Department's top courtroom lawyer said in a brief filed Wednesday that the interstate dispute over a measure approved by Colorado voters in 2012 does not belong at the high court.

Nebraska and Oklahoma filed their lawsuit directly with the Supreme Court in December 2014, arguing that Colorado's law allowing recreational marijuana use by adults runs afoul of federal antidrug laws. States can sue each other in the Supreme Court, a rare instance in which the justices are not hearing appeals of lower court rulings.

The two states complained that Colorado's action has hindered efforts to enforce antimarijuana laws in their states. They say combatting marijuana that's coming across the border is a drain on their resources.

But Solicitor General Donald Verrilli Jr. said Nebraska and Oklahoma are not alleging that Colorado "has directed or authorized" anyone to transport marijuana across state lines.

"At most, they have alleged that third-party lawbreakers are inflicting those injuries, and that Colorado's legal regime makes it easier for them to do so," Verrilli wrote. Taking up the dispute "would represent a substantial and unwarranted expansion of this court's original jurisdiction."

Verrilli's brief also notes that Colorado only allows people to possess 1 ounce or less of marijuana. Such small quantities carried across the border don't cause the states "to suffer great loss or any serious injury in terms of law-enforcement funding or other expenditures," Verrilli wrote.

The Obama administration "steadfastly opposes legalization of marijuana," The White House says on its website. But the administration also has said that it would not stand in the way of states that want to legalize, tax and regulate marijuana as long as there are effective controls to keep marijuana away from kids, the black market and federal property.

The Justice Department says it simply doesn't have the resources to police all violations of federal marijuana law, and so it will focus on those priorities.

News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Obama Administration Wants Supreme Count To Reject Marijuana Suit
Author: The Associated Press
Contact: Contact Page
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Website: SF Gate

 

[420 Warrior]

Well maybe if Nebraska and Oklahoma would just quit worrying so much about Cannabis coming across their borders and focus on real crimes involving real "great loss or serious injury" to real human beings, they wouldn't be wasting resources by stopping every car coming out of Colorado? Maybe a little actual police work to stop violent crimes from happening and a little less suspicion that every car crossing the border is carrying Cannabis is in order here?

This is a classic case of paranoia, distrust and meddling in the affairs of others, like the old lady across the street who calls the cops every time an unfamiliar car shows up at the neighbors house. The state of Colorado's citizens decided for themselves to legalize Cannabis and now Nebraska and Oklahoma want's to dictate law, not only their states but in another state as well?

It's very reminiscent of a little kid going to the teacher and tattling on the other kids because they didn't pick them to be on the kick ball team because they weren't very good at playing kickball. I am glad to see the Obama administration rejecting this though, almost like the teacher is saying "Ok, just go find something else to do during recess then"?

My advice to Nebraska and Oklahoma is to either get on board and change your own laws or just learn to accept that Cannabis is here to stay and no amount of posturing, bullying or tattling on the other kids is going to stop the progress and will of the people.

This is just one more reason we have got to see to it that Cannabis is rescheduled federally, so that no matter what one state decides, other states don't have a leg to stand on if they don't like or agree with what happens in their neighboring states, it's not their decision to make.

 

[Radogast]

Well maybe if Nebraska and Oklahoma would just quit worrying so much about Cannabis coming across their borders and focus on real crimes involving real "great loss or serious injury" to real human beings, they wouldn't be wasting resources by stopping every car coming out of Colorado? Maybe a little actual police work to stop violent crimes from happening and a little less suspicion that every car crossing the border is carrying Cannabis is in order here?

This is a classic case of paranoia, distrust and meddling in the affairs of others, like the old lady across the street who calls the cops every time an unfamiliar car shows up at the neighbors house. The state of Colorado's citizens decided for themselves to legalize Cannabis and now Nebraska and Oklahoma want's to dictate law, not only their states but in another state as well?

It's very reminiscent of a little kid going to the teacher and tattling on the other kids because they didn't pick them to be on the kick ball team because they weren't very good at playing kickball. I am glad to see the Obama administration rejecting this though, almost like the teacher is saying "Ok, just go find something else to do during recess then"?

My advice to Nebraska and Oklahoma is to either get on board and change your own laws or just learn to accept that Cannabis is here to stay and no amount of posturing, bullying or tattling on the other kids is going to stop the progress and will of the people.

This is just one more reason we have got to see to it that Cannabis is rescheduled federally, so that no matter what one state decides, other states don't have a leg to stand on if they don't like or agree with what happens in their neighboring states, it's not their decision to make.

The politicians of Nebraska and Oklahoma probably never thought they would win their case in court. I believe this is all about posturing correctly for their fundraising campaigns.

 

[DankWolf907]

Fund raising campaigns, for what exactly? Political office?

They say combatting marijuana that's coming across the border is a drain on their resources

Duh! Get with the program, dont spend resources on a losing battle.. Want to win ppl over for funding campaign, legalize/decriminalize and watch the votes/funds come flooding in..

 

[420 Warrior]

Yea I saw something on one of the Cannabis documentaries I watched recently about this (can't remember which one) but in the documentary, the TV crew crossed over the border into Nebraska and was pulled over immediately for no reason what so ever, just because they were coming from Colorado and apparently no other reason than that? They were clean and not doing a single thing wrong, not speeding, not driving erratically, doing nothing wrong what so ever, but still got pulled over! Ummm? Isn't that considered to be profiling and a lack of probable cause? That's total BS right there!!!

You guys who live out there in that part of the world, please guys, y'all watch your backs, they're out there just waiting for ya, doesn't matter if your doing anything wrong or not, just crossing the border apparently is enough to get harassed and possibly tossed in jail. Be careful out there guys.

 

[DankWolf907]

^^ thats a great way to see lawsuits against yourself, profiling..

 

[420 Warrior]

^^ that's a great way to see lawsuits against yourself, profiling..

True, and it may very well start coming to that but you have to be able to prove it in a court of law. Profiling is a tough one to prove as bias judges tend to walk into the court room already on the side of the cops.

 

[BrokrnEyes]

A couple of months ago, mere couple of my friends were considering going down to Colorado to pick up some seeds, definitely glad that we figured it would cost too much to go ahead and do that if Oklahoma and Nebraska are reviving the ways of the untouchables, but only far more absurd. This is an example of what cannabis activists are truly fighting against in the United States, it's not bad science (we have so many doctors and scientists propping up the health benefits of cannabis that those that the noun sets are now being looked at as on the French and or quacks), it's not politics (to be honest here, politicians in order to stay in office go with what the people want rather than what is right), it's decades of lies, sent to us by people we trusted, I E teachers, religious leaders, law-enforcement, etc. and the people that choose to believe those lies and nothing else.

The Obama ministration just disappoints me with their on the fence approach to this. I distinctly recall the president saying that he smoked marijuana in college yet he won't take a proactive stance one way or the other, I mean come on the guy is in his final year of presidency, he could say that he pulled a Bill Clinton and nothing would happen and it's not like he is keeping his mouth shut so that his party can win the election next year either, Bernie Sanders is said that he would legalize it and Hillery Clinton hasn't said she was against it either (it's only the Republican candidates, and only a few of them at that, that have taken a stance against that).

I think regardless however, if a Democrat gets into office again, marijuana will be legal lysed at the federal level
Or at the very least removed from its current schedule one status.