DENVER (AP) – Colorado’s top law enforcement official promises to vigorously defend the state’s historic law legalizing marijuana after Nebraska and Oklahoma asked the U.S. Supreme Court to declare it unconstitutional, saying the drug is freely flowing into neighboring states.
The two states filed a lawsuit seeking a court order to prevent Colorado from enforcing the measure known as Amendment 64, which was approved by voters in 2012 and allows recreational marijuana for adults over 21. The complaint says the measure runs afoul of federal law and therefore violates the Constitution’s supremacy clause, which says federal laws trump state laws.
Colorado Attorney General John Suthers said the lawsuit was without merit.
“Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action,” he said. “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.”
The lawsuit says Colorado marijuana flows into neighboring states undermining their efforts to enforce their anti-marijuana laws.