It’s over – for now, anyway.
The Supreme Court rejected the challenge brought forth by our neighbors Nebraska and Oklahoma to halt our booming marijuana industry. The case has been floating in legal limbo for some time now, especially with the death of Justice Antonin Scalia throwing a wrench into SCOTUS operations. But as of March 21, the lawsuit is dead in the water.
The argument brought forth by plaintiffs said that Colorado caused direct harm to its neighbors by allowing an unprecedented amount of marijuana to pass over the borders, increasing drug crime and unfairly burdening law enforcement, the judicial systems and penal systems of Nebraska and Colorado. They actually compared Colorado to a drug cartel, which…well, ouch.
But alas, there are strict requirements for the Supreme Court to take up a case involving state disagreements. Because the plaintiff states were unable to prove the direct injury caused by Colorado’s marijuana industry, the case was rejected.
The decision was 6-2, with Justices Thomas and Alito dissenting. In the dissenters’ eyes, it was the Supreme Court’s duty to take on alleged disputes between states. To leave Nebraska and Oklahoma out in the cold after the alleged injury inflicted on them by Colorado, Thomas said, was the wrong decision, especially without any kind of explanation.
Because marijuana is still illegal in many states and federally, this is no doubt but one of many Supreme Court challenges to come.
If you are charged with DUI-D for marijuana in Colorado, you have a good chance of having your charges dismissed or penalties reduced by speaking to a marijuana DUI attorney.