You’re happy about Colorado’s marijuana legalization. We’re happy about Colorado’s marijuana legalization. Denver’s young adults are really happy about Colorado’s marijuana legalization.

Unfortunately, neighboring states Nebraska and Oklahoma are not happy at all with the the recreational retail revolution that came to this Rocky Mountain state last January.

Those adjacent states are taking their grievance directly to the U.S. Supreme Court.

In an unprecedented lawsuit filed this week Nebraska and Oklahoma claim that Colorado’s recreational pot law is unconstitutional. “The State of Colorado has created a dangerous gap in the federal drug control system,” the suit says:

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.

In other words, Colorado’s party is raining on its neighbors’ parade, and they want the U.S. Supreme Court to step in. Colorado Attorney General John Suthers said he’ll defend the will of his state’s voters. He says:

Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action. However, 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. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court.

Decriminalization organizations, of course, are siding with Colorado. Tamar Todd, Director of Marijuana Law and Policy at the Drug Policy Alliance says:

This is a misguided effort to undo cautious and effective state-level regulation of marijuana and to undermine the will of the voters and legislators who enacted it. Today’s action isn’t just a challenge to Colorado but to the ability and authority of all states to regulate and control marijuana within their borders as they see fit. It implicates the four states that have adopted ballot initiatives by decisive margins to tax and regulate marijuana for adults as well as the 34 states that have adopted laws to regulate medical marijuana.

He notes that feds haven’t stepped in to challenge Colorado’s recreational law:

The Federal government itself has not challenged the regulatory law in Colorado nor did they choose to interfere with its implementation. To the contrary, the government has deprioritized enforcement of state-level marijuana reforms and acknowledged the interests that both states and the Federal government have in openly regulating marijuana. And just this past week, a historic vote in Congress barred the use of federal resources from interfering with state medical marijuana programs. Today’s action is nothing more than an effort to cling to the failed policies of the war on drugs and interfere with a new common sense, less harmful approach to marijuana.

But this Supreme Court leans to the right, to say the least. Keep your fingers crossed.

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