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posted by CoolHand on Monday March 21 2016, @09:49PM   Printer-friendly
from the going-green dept.

The Supreme Court has refused to hear a challenge to Colorado's recreational cannabis law from neighboring states:

The U.S. Supreme Court on Monday threw out a lawsuit filed by the states of Nebraska and Oklahoma against their neighbor Colorado over a law approved as a ballot initiative by Colorado voters in 2012 that allows the recreational use of marijuana. The court declined to hear the case filed by Nebraska and Oklahoma, which said that marijuana is being smuggled across their borders and noted that federal law still prohibits the drug. Two conservative justices, Clarence Thomas and Samuel Alito, said they would have heard the case.

Nebraska and Oklahoma contended that drugs such as marijuana threaten the health and safety of children and argued that Colorado had created "a dangerous gap" in the federal drug control system. Colorado stands by its law. It noted that the Obama administration has indicated the federal government lacks the resources and inclination to enforce fully the federal marijuana ban.

Also at The Washington Post, NYT.

See the Plaintiffs' brief, and Colorado's brief in opposition.


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  • (Score: 0) by Anonymous Coward on Monday March 21 2016, @11:42PM

    by Anonymous Coward on Monday March 21 2016, @11:42PM (#321326)

    If they're having problems with trafficking then perhaps they should set up border checkpoints and explain to their taxpayers why keeping a silly, harmless crop out of their states justifies the expense of those checkpoints. I could see the SC justifying such checkpoints with the interstate commerce clause even if I don't think that's right myself.

    Why was this modded as insightful? Such border checkpoints would be illegal and would not be upheld or justified by the Supreme Court. It's a clear violation of the Constitution of which there is case law precedent dating back nearly 200 years.

  • (Score: 2) by Reziac on Tuesday March 22 2016, @03:34AM

    by Reziac (2489) on Tuesday March 22 2016, @03:34AM (#321395) Homepage

    California has border checkpoints (well, technically they're a ways down the road from the border) for the purpose of inspecting/halting import of produce, to protect the state's industry against the introduction of pests and diseases. (Tho I'd guess the actual flow of pests and diseases goes mostly the other way.) It's still a checkpoint; how does it differ?

    --
    And there is no Alkibiades to come back and save us from ourselves.
  • (Score: 2) by JeanCroix on Tuesday March 22 2016, @01:38PM

    by JeanCroix (573) on Tuesday March 22 2016, @01:38PM (#321584)
    What if Nebraska and Oklahoma set up "DUI" checkpoints along the borders with Colorado? Those have been deemed legal before.