Colorado Sued By Neighboring States Over Legal Pot

SternisheFan notes that Nebraska and Oklahoma are suing Colorado over marijuana legalization. The attorneys general of Nebraska and Oklahoma sued Colorado in the U.S. Supreme Court on Thursday, arguing state-legalized marijuana from Colorado is improperly spilling across state lines. The suit invokes the federal government's right to regulate both drugs and interstate commerce, and says Colorado's decision to legalize marijuana has been "particularly burdensome" to police agencies on the other side of the state line. In June, USA TODAY highlighted the flow of marijuana from Colorado into small towns across Nebraska: felony drug arrests in Chappell, Neb., just 7 miles north of the Colorado border have skyrocketed 400% in three years. "In passing and enforcing Amendment 64, the state of Colorado has created a dangerous gap in the federal drug control system enacted by the United States Congress. Marijuana flows from this gap into neighboring states, undermining plaintiff states' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems," says the lawsuit. "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."

Comments

Re:Enforcing pot laws is big business

[Trailer Trash]

still, legalizing it would be the better option, Colorado already proved that with the tax revenue they brought in from legalized marijuana, plus it frees up law enforcement to pursuit more serious crimes, empties jails and prisons of otherwise law abiding citizens that were only merely in possession or smoking a small amount of herb, i hope this forces the federal Govt to finally realize that marijuana should be legalized just like alcohol (legal for any adult, and no driving under the influence)

The problem is that federal Byrne grants are very lucrative and legalized marijuana is probably a losing proposition financially for states. Or, at least, for police agencies. Ever wonder why the officers on COPS turn into raving lunatics looking for drugs every time they pull some poor guy over? I mean, seriously, they act like addicts looking for a fix. The reason is that if they find drugs they make money from the feds, so every little joint is worth money.

We've set up a system of perverse incentives. Apparently in Nebraska it's reached the point that subsequent arrests for drugs aren't yielding more federal dollars so it's not worth it to them.

Commerce clause abuse

[bradley13]

The stupid thing is: it may well work. The federal government regularly twists the Commerce Clause beyond all recognition. The most egregious case, the one that really set the ball rolling, was the one where the federal government claimed the right to regulate farmers feeding their own grain to their own livestock. Why? Because that meant that they bought less grain from elsewhere, some of which might, potentially come from out of state. Hence, the Commerce Clause allowed the regulation.

Given that sort of precedent, the federal government can justify essentially any regulation that it wants. Certainly including telling Colorado that it's state-wide laws are invalid, because they happen to indirectly affect neighboring states.

On paper, sure. But in reality the DEA makes law.

[Ellis D. Tripp]

Going back at least as far as the 1980s, the DEA has used their "emergency scheduling" powers to ban various substances by fiat.

Drugs like MDMA, GHB, "bath salts", and various synthetic cannabinoids were all summarily placed in Schedule I by unelected DEA bureaucrats. All they have to do is wave their pen, and any substance they want to ban is made illegal.

Yes, such actions are theoretically open to review by congress, but in reality Congress has never denied any DEA action of this nature, and simply rubber stamps whatever the DEA does.

So the DEA has the ability to CREATE drug laws, as well as ENFORCE them.