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Nebraska and Oklahoma’s new tactic to overturn marijuana legalization

Nebraska and Oklahoma hope to

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#1 Tokecrazy


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Posted 21 April 2017 - 06:45 AM

By John Ingold, The Denver Post

Nebraska and Oklahoma are trying again to overturn marijuana legalization in Colorado, this time by asking to intervene in an ongoing court case.

Last month, the U.S. Supreme Court dismissed a proposed lawsuit brought against Colorado by the two states, leaving the states without a court to hear their complaints. Earlier this month, Nebraska and Oklahoma responded by asking to be added to a case at the 10th U.S. Circuit Court of Appeals in Denver.

That case is the consolidation of two separate appeals filed by legalization opponents whose lawsuits were dismissed by a lower court. Nebraska and Oklahoma’s motion means that all of the ongoing challenges against Colorado’s legalization of marijuana have, for the moment, merged into a single court case.

Since Colorado became the first state in the country to allow licensed stores to sell marijuana to anyone over 21 years old, the state has faced a barrage of lawsuits seeking to shutter the stores. So far, none has succeeded.


One lawsuit was brought by a group of county sheriffs, and another was brought by the owners of a rural property next to a marijuana grow. In both cases, the plaintiffs — backed by national anti-legalization organizations — argued that federal laws criminalizing marijuana should override state law. Federal trial court judges in Colorado dismissed both this year, prompting the appeals, which were consolidated into a single case.

This month, the attorneys general in Nebraska and Oklahoma filed a motion asking to intervene in the appeal.

“This is an exceptional case involving an imperative reason for intervention,” lawyers for the two states wrote in their motion.

Nebraska and Oklahoma argue that marijuana legalization in Colorado violates their sovereignty and requires them to spend more money arresting, jailing and prosecuting an increasing number of people caught bringing pot into their states. By not allowing them to participate in the case, the two states say the appeals court, “may effectively decide Nebraska and Oklahoma’s claim before it has the chance of being litigated in front of any court.”

In a response filed last week, the county of Pueblo — which is named as a defendant in the property owners’ lawsuit — opposed Nebraska and Oklahoma’s intervention.

“They want to short circuit the process,” the county’s lawyers wrote.

There is no timeline for the 10th Circuit judges to make a decision on the states’ motion.

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#2 420circuit



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Posted 21 April 2017 - 08:59 AM

There is a problem with interstate movement of cannabis, much of it grown in CO for other states, where it is treated by the cops like meth. We have been watching this situation devolve into a cops and robbers show with growers from OK and NE renting homes, growing buds and then shipping them back home for profit. CO should sue those states for allowing residents to come here and break the law. These out of state ganja-preneurs are creating a huge problem that is being addressed by tightening the regulations on home growers. I would like to run a garden with a few dozen plants once a year, make enough cannabis oil to last a while, then shut it down until I run low again. But, thanks to limits on plant count and the threat of a SWAT team visit, I won't exceed the plant limit or other laws, simply because of the risk of inadvertently breaking a law with severe penalties. While I understand the need to make a living, it has been difficult to see the progress that CO has made be screwed up by people on both sides of this ongoing DEA battle over cannabis. We can have legal cannabis sooner if we can just knock off the crazy drug war activities. Giving the police a target, by running a black market sales operation, is not helping. My hope is that cannabis can become entirely legal, "regulated like tomatoes", after a while of being sold thru dispensaries and home grown, after being demonstrated to be non-harmful and actually beneficial for consumers. The culture of the underground market is not where cannabis belongs. As the profits diminish for the underground market because of the price reductions (oversupply), we may see some relief from law enforcement's overly aggressive stance, but this will take time. The retail prices are now running under $100 an ounce, just check the latest Westword. The notion of high quality cannabis drawing a higher price, to keep the underground business alive, is fading fast as commercial growers are improving quality and yields. https://weedmaps.com/deals


I wonder how many of the interstate risk-takers are simply buying from CO dispensaries? The people in illegal states should be working to change their laws (and politicians), not the laws in another state, where it is none of their fucking business.

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