Feds Tell Supreme Court to Stay Out of State Marijuana Dispute

The federal government has asked the U.S. Supreme Court to avoid wading into a lawsuit brought by Oklahoma and Nebraska over Colorado's legalized marijuana system.

In the brief filed to the nation's top court, Solicitor General Donald Verrilli Jr. writes that Nebraska and Oklahoma aren't alleging that Colorado "directly or indirectly" condoned the transportation of marijuana across state lines. Colorado asked the court to throw out the lawsuit, and the Supreme Court this fall asked the federal government to weigh in. The two neighboring states said that this is making it harder and more expensive for them to enforce their own laws prohibiting the sale and use of cannabis products. They point out Nebraska and Oklahoma could file the lawsuit in federal court, instead of directly with the Supreme Court under a process known as "original jurisdiction".

Colorado voters legalized recreational marijuana use in 2012.

Verrilli cites a 2009 memorandum issued by a deputy attorney general telling US attorneys they "should not focus federal resources in your state on individuals whose actions are clear and unambiguous compliance with existing state laws providing for medical use of marijuana".

Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause. Nor would any such allegation be plausible.

The Supreme Court could still decide to hear the case, an expert on federalism and drug law told The Cannabist. Many other states have since the 1990s set up regulated markets for medical marijuana.

Tom Angell, founder and chairman of the advocacy group Marijuana Majority, agrees the "lawsuit is without merit", and says the solicitor general's call to dismiss the case is "the right move by the Obama administration". The Supreme Court in response had asked Verrilli, who is the leading lawyer of the United States government to enlighten the court with his side of perspective in this regard.

Verkuil, a former president of the College of William and Mary who now works as a senior fellow at the Center for American Progress, served as special master in a dispute between New Jersey and NY about jurisdiction over Ellis Island, probably the highest profile original jurisdiction case recently heard.