In a strange and subtle turn of events, the Obama administration came to the defense of legal marijuana by telling the U.S. Supreme Court that they should not even entertain a lawsuit raised by Oklahoma and Nebraska
Both state’s politicians seem to have strong hatred for nearby Colorado’s recreational marijuana trade. As such, they have tried to actually sue to bring an end to the legalized plant in Colorado.
U.S. Solicitor General Donald Verrilli Jr., wrote a brief suggesting that the U.S. Supreme Court is not the proper venue for such a grievance.
“The motion for leave to file a bill of complaint should be denied because this is not an appropriate case for the exercise of this Court’s original jurisdiction,” Verrilli penned. “Entertaining the type of dispute at issue here — essentially that one State’s laws make it more likely that third parties will violate federal and state law in another State — would represent a substantial and unwarranted expansion of this Court’s original jurisdiction.”
Colorado is fighting back too, demanding that the Supreme Court dismiss the case. This has prompted the justices to ask the federal government to give their thoughts before a decision is made.
On behalf of the Obama administration, Verrilli’s letter says that the U.S. Supreme Court should reject hearing this lawsuit.
“Nebraska and Oklahoma essentially contend that Colorado’s authorization of licensed intrastate marijuana production and distribution increases the likelihood that third parties will commit criminal offenses in Nebraska and Oklahoma by bringing marijuana purchased from licensed entities in Colorado into those states,” Verrelli explained. “But they do not allege that Colorado has directed or authorized any individual to transport marijuana into their territories in violation of their laws. Nor would any such allegation be plausible.”
The Justice Department’s opinion has been celebrated as a major victory.
“This is the right move by the Obama administration,” Tom Angell said. Angell is from the Marijuana Majority. He told the magazine High Times, that “Colorado and a growing number of states have decided to move away from decades of failed prohibition laws, and so far things seem to be working out as planned. Legalization generates tax revenue, creates jobs and takes the market out of the hands of drug cartels and gangs. New federal data released this week shows that as more legalization laws come online, we’re not seeing an increase in teen marijuana use, despite our opponents’ scare tactics. The Justice Department is correct here: This lawsuit is without merit and should be dismissed.”
The implications of the move by the Obama administration are that marijuana should be federally legalized – even for recreational use. The Justice Department’s rejection of the federal prohibition of the plant – at the request of the current administration – is not just a bold move, it is an outright rejection of the standing federal law, which would see marijuana in Colorado federally prosecuted, if this law was deemed anything but antiquated.
What do you think is next for marijuana legalization? Will it officially become federally legal soon?
(Article by Reagan Ali and M. David)
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