New York Times: "Obama Administration to Justices: Reject Marijuana Lawsuit"

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CDX

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http://www.nytimes.com/aponline/201...-us-supreme-court-marijuana-lawsuit.html?_r=1

WASHINGTON — Despite its opposition to making marijuana use legal, the Obama administration is urging the Supreme Court to reject a lawsuit from Nebraska and Oklahoma that seeks to declare Colorado's pot legalization unconstitutional.

The Justice Department's top courtroom lawyer said in a brief filed Wednesday that the interstate dispute over a measure approved by Colorado voters in 2012 does not belong at the high court.

Nebraska and Oklahoma filed their lawsuit directly with the Supreme Court in December 2014, arguing that Colorado's law allowing recreational marijuana use by adults runs afoul of federal anti-drug laws. States can sue each other in the Supreme Court, a rare instance in which the justices are not hearing appeals of lower court rulings.

The two states complained that Colorado's action has hindered efforts to enforce anti-marijuana laws in their states. They say combatting marijuana that's coming across the border is a drain on their resources.

...

The Obama administration "steadfastly opposes legalization of marijuana," The White House says on its website. But the administration also has said that it would not stand in the way of states that want to legalize, tax and regulate marijuana as long as there are effective controls to keep marijuana away from kids, the black market and federal property. The Justice Department says it simply doesn't have the resources to police all violations of federal marijuana law, and so it will focus on those priorities.

...I didn't realize we'd be going down this path to legalization. States where it is still illegal literally suing the states that make it legal.

Now even if you've voted to make it legal in your own state, Oklahoma and Nebraska still want to make it illegal for you.
 
Eh I can't blame them. It's against Federal Law. If The Administration wants to step in, ask Congress to repeal the law that makes Pot illegal.
 
It's draining their resources to fight it, here is an idea, legalize it in your state and benefit from the profits as well?

I can't believe it's 2015, almost 2016 and marijuana is still illegal
But while on a date tonight, we witnessed a man be escorted out of the restaraunt for being disruptive loud and aggressive to the wait staff, brought on by the legal alcoholic beverages he purchased in the establishment.
 
At least they are leaving Washington State alone.

Seattle is a bud smokers heaven right now!

I really hope more states start legalizing it. Adults deserve to make their own choices without getting hassled by the cops.
 
The definition of No Fun Allowed states. They need to chill, go smoke a joint or something.

At least they are leaving Washington State alone.

Seattle is a bud smokers heaven right now!

I really hope more states start legalizing it. Adults deserve to make their own choices without getting hassled by the cops.

Yep, feels good man.
 
The two states complained that Colorado's action has hindered efforts to enforce anti-marijuana laws in their states. They say combatting marijuana that's coming across the border is a drain on their resources.

So if they succeed, this means California can sue Arizona over their lack of gun control, right?
 
So how would marijuana ever become legal under federal law? I hate to admit, but I honestly don't know shit about how the judicial system works.
 
So how would marijuana ever become legal under federal law? I hate to admit, but I honestly don't know shit about how the judicial system works.

Well it would have to NOT be a schedule 1 drug. Which means it has no medical or research value at all.

For that to happen Congress has to change it, and they won't.
 
At least they are leaving Washington State alone.

Seattle is a bud smokers heaven right now!

I really hope more states start legalizing it. Adults deserve to make their own choices without getting hassled by the cops.

I miss it already :(. It's legal here (alaska), but no where to buy it yet.
 
Yes it is. My favorite store is right a round the corner. I walk in, buy a couple grams and walk out. It's almost easier than buying liquor.

I'm so god damned jealous of you guys.

It's a shame when someone who isn't involved in your area fucks with your laws when you've actually got a good thing going. Some cunt in my state, Maryland, really fucked with DC's marijuana legalization, for example.
 
This is a pretty big deal I think and will give more states the confidence to pass this type of legislation.

Hopefully the justices follow the justice departments recommendation.
 
If it's a drain on resources then here's a thought....don't worry about it anymore. Don't assign additional resources to incarcerating citizens who are guilty of nothing more than a bag of weed. It's fucking ridiculous.
 
The two states complained that Colorado's action has hindered efforts to enforce anti-marijuana laws in their states. They say combatting marijuana that's coming across the border is a drain on their resources.

Yeah, no shit, Sherlock. 2015 and the concept that "combatting" marijuana is a gigantic waste of time and resources still eludes some people.
 
It's draining their resources to fight it, here is an idea, legalize it in your state and benefit from the profits as well?

I can't believe it's 2015, almost 2016 and marijuana is still illegal
But while on a date tonight, we witnessed a man be escorted out of the restaraunt for being disruptive loud and aggressive to the wait staff, brought on by the legal alcoholic beverages he purchased in the establishment.
Private prison lobby has a lot of sway in Oklahoma, so this is probably mostly done to keep it illegal and continue jailing people for it. In Oklahoma, your third drug charge is an auto felony, and you head straight to prison usually on a 10 year sentence.
 
1. States should not sue other states over drug legalization.
2. The president has no place telling the supreme court what to do.
Uh, supremacy clause dictates that Oklahoma and Nebraska have a pretty damned good case here as federal law does indeed classify mj as a class 1 substance.

One of those weird, amusing situations where both parties flip the table on their government agendas for a second to protect their economic/social policies. Obama is trying to keep the federal government out of something, while the red states are crying to the federal government to help them.

Nice to have a couple of States Rights type of states bothering Colorado about this.

You can flip that hypocrisy both ways, though.

It's not really uncommon in america for the parties to flip their agendas on a whim when the law does or doesn't suit their interest.
 
1. States should not sue other states over drug legalization.
2. The president has no place telling the supreme court what to do.

1. Agreed, at least based on this case.

2. The executive branch represents the US in court. The US often has a position to take, whether or not it is a party in a case. But the executive branch does not have the power to tell the Supreme Court (or any court) what to do. They simply make an argument. Just like any litigant. That's all this is.
 
Uh, supremacy clause dictates that Oklahoma and Nebraska have a pretty damned good case here as federal law does indeed classify mj as a class 1 substance.
Just pointing out something is illegal doesn't get you into court. You have to have "standing" to sue. Basically you need a dog in the fight. Oklahoma and Nebraska don't (in my view) have standing to complain about Colorado's laws, because they can't show that Colorado's laws are somehow harming them.
 
The real issue is that Colorado is raking in cash that Nebraska and Oklahoma want a cut of without doing anything but sue.
 
Just pointing out something is illegal doesn't get you into court. You have to have "standing" to sue. Basically you need a dog in the fight. Oklahoma and Nebraska don't (in my view) have standing to complain about Colorado's laws, because they can't show that Colorado's laws are somehow harming them.

That's ultimately what it comes down to, in the end. If OK and Nebraska can show that jailing people who cross the border with pot is showing undue strain on their budgets--which isn't that much of a leap for OK as jailing their own citizens makes up a gargantuan chunk of the state budget, dunno about NEB--by having to increase border security and create more space in their already crowded prisons for the influx of new pot felons then they have a pretty good chance.

It all comes down to what the court decides as "undue", though. Nebraska has a much better case though, because OK's border is like 25 miles wide out in the middle of no man's land, lol...
 
As if Congress is ever gonna do anything about it.

Speaking of Congress and weed...

LA Times: Congress quietly ends federal government's ban on medical marijuana
Tucked deep inside the 1,603-page federal spending measure is a provision that effectively ends the federal government's prohibition on medical marijuana and signals a major shift in drug policy.

The bill's passage over the weekend marks the first time Congress has approved nationally significant legislation backed by legalization advocates. It brings almost to a close two decades of tension between the states and Washington over medical use of marijuana.

Under the provision, states where medical pot is legal would no longer need to worry about federal drug agents raiding retail operations. Agents would be prohibited from doing so.

The Obama administration has largely followed that rule since last year as a matter of policy. But the measure approved as part of the spending bill, which President Obama plans to sign this week, will codify it as a matter of law.

Pot advocates had lobbied Congress to embrace the administration's policy, which they warned was vulnerable to revision under a less tolerant future administration.

More important, from the standpoint of activists, Congress' action marked the emergence of a new alliance in marijuana politics: Republicans are taking a prominent role in backing states' right to allow use of a drug the federal government still officially classifies as more dangerous than cocaine.

"This is a victory for so many," said the measure's coauthor, Republican Rep. Dana Rohrabacher of Costa Mesa. The measure's approval, he said, represents "the first time in decades that the federal government has curtailed its oppressive prohibition of marijuana."

By now, 32 states and the District of Columbia have legalized pot or its ingredients to treat ailments, a movement that began in the 1990s. Even back then, some states had been approving broader decriminalization measures for two decades.

[...]

Probably significant enough for a thread, but I don't do threads so someone else can make it.
 
Nebraska and Oklahoma =

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