Nebraska, Oklahoma Join Forces to Challenge Colorado Marijuana Law
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Recreational weed in the Centennial State has strained law enforcement elsewhere, neighboring officials say.
Nebraska Attorney General Jon Bruning announced Thursday that the Cornhusker State would be joining forces with Oklahoma in a federal lawsuit challenging the legalization of recreational marijuana in Colorado.
"Federal law undisputedly prohibits the production and sale of marijuana," Bruning said during a news conference announcing the joint suit. "Colorado has undermined the United States Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles."
Bruning and Oklahoma Attorney General Scott Pruitt argue that their state's respective law enforcement agencies have been unfairly burdened through tax dollars and officer hours spent attempting to contain marijuana illegally imported into their states from Colorado.
"Nebraska taxpayers have to bear the cost," Bruning said during the news conference. "We can’t afford to divert resources to deal with Colorado’s problem."
A 2013 report from NET Nebraska chronicled the increased burden faced by state law enforcement officers responding to the influx of illegal marijuana into their state:
Police from a number of law enforcement agencies in Nebraska report their investigators have been working extra hours and department resources are being diverted away from more serious drug problems, including methamphetamine.
“It’s just running us ragged,” [Nebraska State Patrol Sgt. Dana] Korell said. “What do we do? We have limited manpower. We’ve got limited financial resources to make buys. What do we want to focus on? It’s still a felony. It’s still a felony in Nebraska to possess more than a pound.”
Colorado Attorney General John Suthers said in a statement that his office would defend his state’s Amendment 64, the voter-approved initiative that legalized marijuana for recreational use in the state:
Because neighboring states have expressed concern about Colorado-grown marijuana coming into their states, we are not entirely surprised by this action. 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. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court.
Bruning said that he gave Suthers a courtesy phone call before announcing the lawsuit, according to the Omaha World-Herald, but there was an undeniable political element to the announcement.
Filing directly with the U.S. Supreme Court provided Bruning with a platform for more national media attention, which he used to direct criticism at U.S. Attorney General Eric Holder, the World-Herald reported. In November, it was reported that Bruning was considering joining another lawsuit against President Obama for his executive order aimed at lifting certain immigration restrictions.
Supporters of Amendment 64 say they were careful to place specific restrictions on the sale and distribution of marijuana, as they anticipated situations in which non-residents would attempt to purchase and then ship the drug outside of Colorado. In its language, Amendment 64 prohibits transporting marijuana bought in the state across state lines.
In an interview with the Denver Post, Amendment 64 proponent Mason Tvert accused Bruning of attempting to infringe upon Colorado's state sovereignty: "It's unfortunate the state of Nebraska is trying to dictate the laws here in Colorado," he said, arguing that Bruning is on the "wrong side of history."
(Image by Doug Shutter / Shutterstock.com)
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