Nebraska and Oklahoma file lawsuit challenging Colorado’s decision to legalize marijuana

LINCOLN, Neb. – Nebraska and Oklahoma on Thursday asked the U.S. Supreme Court to declare Colorado’s legalization of marijuana unconstitutional, saying the drug is being brought from Colorado into neighbouring states.

Nebraska Attorney General Jon Bruning said the states have filed a lawsuit seeking a court order to prevent Colorado from enforcing the measure that was approved by voters in 2012.

The complaint says Colorado’s Amendment 64 runs afoul of federal law and therefore violates the Constitution’s supremacy clause, which says that federal laws trump state laws.

In a policy statement last year, the U.S. Justice Department noted it doesn’t have the resources to police all violations of federal marijuana law. It laid out eight federal law enforcement priorities that states need to protect if they want to authorize “marijuana-related conduct.” They include keeping marijuana in-state — something Oklahoma and Nebraska says Colorado has failed to do.

Some law enforcement agencies in western Nebraska, along the Colorado border, have complained that marijuana from the neighbouring state has drained their resources.

Oklahoma Attorney General Scott Pruitt said Thursday that Colorado’s decision has hindered his state’s efforts to enforce its anti-marijuana laws. Pruitt said marijuana poses health and safety risks to children and teens.

Washington state also has legalized marijuana, but Bruning said the northwestern state wasn’t included because it doesn’t share a border with Nebraska or Oklahoma.

In a statement, Colorado Attorney General John Suthers said the lawsuit was without merit but that he was not totally surprised by it because neighbouring states have expressed concerns about Colorado marijuana crossing the border.