This just in... OK and NE sue COLO over Marijuana (Denver: 2015, gated)

[Rainbow Demon]

It was recently reported that 90% of all Recreational Cannabis sales in Colorado were to out-of-state customers.
Now that's just funny/ironic, huh? Maybe the Okies and the SandHill people should police their own borders and stop people from getting out instead? LOL. (I'd find a way out or kill myself..LOL)

As someone else pointed out, IF any part of this law were to be challenged it would be the retail sales/commercial side of the law. The Federal Gov't has already stated to CO residents that they do NOT have the manpower to police individual homes for cannabis grows/possession/use.

Not only that but to try to take away the individual right to grow/possess would nullify the will/vote of the People. I don't care what you think about pot, such a precedence is bad juju. Maybe it'll be your right to vote on gun laws they come after the next time? You never know.

Either way these laws are enshrined in our State Constitution...not merely cast out to change at will.

And who cares what the Feds want/say/think anyway? Where's yer rebel spirit? ;-)

be careful out there

[CosmicWizard]

Great post McGowdog. It's all very funny and oh so right on the money. Another inconvenient truth.

[CosmicWizard]

Rainbow Demon wrote: And who cares what the Feds want/say/think anyway? Where's yer rebel spirit? ;-)

It's already been stated earlier in this thread, that so-called conservative states right supporters seem to support states rights ONLY when it involves one of their pet issues, otherwise.....bring on the feds! And if by gosh they should find themselves to be the minority, then there is no rebel spirit. They expect Big Brother to rescue their minority *sses.

[Colorado Rambler]

Originally Posted by DurangoJoe

Pertinent discussion of the lawsuit:

Nebraska and Oklahoma Take Colorado to the Supreme Court Over Legalized Marijuana | Michael C. Dorf | Verdict | Legal Analysis and Commentary from Justia

Very interesting discussion of the matter. Thank-you for giving us that link. An excerpt:

That leaves Nebraska and Oklahoma with one remaining option: They could sue the Obama Administration for its failure to enforce the CSA in Colorado.non-enforcement, they would therefore need to rely on the liberal view of standing... Of course, even if Nebraska and Oklahoma establish standing to sue the federal government, they could lose on the merits. But such a lawsuit could fare better than the meritless one they filed against Colorado. It would also have the virtue of honesty, as their real gripe appears to be with the federal government, not Colorado.

There you go. It is not up to a state to enforce Federal laws. Nor does one state have the right to coerce its will upon the voters of a different state. Legal officials in these red states are simply show boating for the sake of their own conservative constituencies. Apparently it's fine to demand that the Federal Government get off our backs so that the States of Oklahoma and Nebraska can get on our backs instead. I just don't see how this one will ever fly, and I'm joining Josseppi in his symbolic boycott of these states. I also feel that Colorado should impose trade and economic sanctions on the states of Nebraska, Oklahoma and Kansas. No more Colorado beef for them!

[McGowdog]

Anyone who has to live in Oklahoma or Nebraska should be given a daily supply of weed just to cope.

This may come as a shock to some of you out-of-staters, but some of us folks in Colorado do NOT poke the smot... for various reasons.

Some of us are so situated that we cannot even if we wanted to because we'd lose our jobs. Some of us don't need the stuff... really! Don't need nor want it. Some of us just won't break the law and/or are afraid of the stigma it brings. Some of us cannot face some of the physical symptoms it brings. Some of us are ignorant and flat out prejudiced about it.

So, with all of that being said, I think your states should shut the hell up, quit your whinning, grow up, and quit making/imposing your laws on others and just let the people live and decide for themselves.

Now, with that in mind, if you still find that its just bad for you financially what Colorado is doing, then if you can't beat em' join em'.

[jazzlover]

Originally Posted by Rainbow Demon

As someone else pointed out, IF any part of this law were to be challenged it would be the retail sales/commercial side of the law. The Federal Gov't has already stated to CO residents that they do NOT have the manpower to police individual homes for cannabis grows/possession/use.

Not only that but to try to take away the individual right to grow/possess would nullify the will/vote of the People. I don't care what you think about pot, such a precedence is bad juju. Maybe it'll be your right to vote on gun laws they come after the next time? You never know.

Either way these laws are enshrined in our State Constitution...not merely cast out to change at will.

And who cares what the Feds want/say/think anyway? Where's yer rebel spirit? ;-)

be careful out there

Just because the federal government refuses, for whatever reason, to ENFORCE a law does not change the fact that the law is there. Under that flawed logic, murder would be "legal" as long as no one was arrested or prosecuted for it. People can't seem to figure that one out.

As for "enshrined in the State Constitution," get this right: THAT DOESN'T MEAN SQUAT IF THE LAW IS FOUND TO BE FEDERALLY UNCONSTITUTIONAL. The filing of the Nebraska and Kansas lawsuit in Federal Court, likely by design, will very possibly force the US Supreme Court to rule on Federal constitutionality of the Colorado law. If Colorado's law is ruled Federally unconstitutional, the law's presence in the State Constitution is irrelevant--it's gone.

[Idunn]

Speaking of the law, I'd point out that various members of our federal government are world class criminals. And more locally routinely breaking or just ignoring a host of our own nation's laws. So do not speak to me about the 'law.' Those making them often feeling they themselves exempt.

Be that as it may, it is clear that the common will of the people in Colorado, insofar as cannabis is concerned, is presently and rather well being enacted. In just this, clearly democracy in action. If certain things to be ironed out (in example better labeling edibles), the sky has not fallen. All continues as before and, by the lights of many, all the better.

There is also the little matter—should the Feds wish to get uppity—of our founding Constitution. The prohibition of alcohol (no matter how unwise, or warranted) in this nation was only legal because the Eighteenth Amendment was enacted (and then later repealed). This current lamentable 'war on drugs' is ill-conceived not only in damaging the lives of many Americans, but also clearly illegal in having no constitutional mandate. So, yes, the Feds can butt out on this one, until at the very least cleaning up their own act.

One might also add, speaking of drugs, that in this nation cannabis is really the least of our problems (if, according to me, it a decided benefit in various ways). Anyone having used it knows (despite blatant propaganda to the contrary) that it is no more a 'gateway' drug than aspirin is. But the sad fact is that a good 70% of our population are presently using prescription medications. Seventy percent, and not just those with valid medical needs, but in rampant misuse of antidepressants and opioids. We do have a widespread drug problem, but the wicked drug pushers are in fact pharmaceutical corporations and their cohorts in the federal government.

Hopefully all tourists to Colorado enjoy cannabis responsibly. Including, despite the temptation, not taking any back home with them. If wishing that luxury, then perhaps they could seek redress from the politicians of their own states.

That includes Nebraska and Oklahoma. If myself thinking it a counterproductive step, one thing that would wake up various citizens of either state is if they found that just they were no longer entitled to buy or enjoy cannabis in Colorado. Some might be hypocrites in this matter, so a certain karma come around. If I fear such a prohibition would be misdirected, and principally their brethren in either state, those still ignorant and fearful on this subject—in never having personally used cannabis, therefore no idea what they are talking about—who remain the problem and obstacle.

One could hope those obstinate would confine their reflections and actions to themselves. And leave us alone.

[jazzlover]

Originally Posted by Idunn

There is also the little matter—should the Feds wish to get uppity—of our founding Constitution. The prohibition of alcohol (no matter how unwise, or warranted) in this nation was only legal because the Eighteenth Amendment was enacted (and then later repealed). This current lamentable 'war on drugs' is ill-conceived not only in damaging the lives of many Americans, but also clearly illegal in having no constitutional mandate. So, yes, the Feds can butt out on this one, until at the very least cleaning up their own act.

My emphasis bolded above. Sorry to rain on your parade, but there has NEVER been a successful challenge to the Federal constitutionality of regulating drugs. The pro-MJ crowd continually beat this dead horse, completely ignoring the legal record.

There is also wide legal precedent to this concept: Just because a million people break the law and one person gets prosecuted, that does not justify breaking the law to let the one being prosecuted get away with his crime. Boiled down, it is the concept that two wrongs can't make a right. You don't make a guilty person innocent just because a bunch of other guilty people get away with it.

Go read up on some law.

[Idunn]

Admittedly I am no lawyer (nor the desire to be one). Nevertheless, I believe the U.S. Constitution is clearly on my side on this one, and all feeling the 'war on drugs' not only an abomination but basically illegal.

Just because there has been no successful challenge to the Feds mandate on this, means nothing. So what? They make and break their own laws with impunity. Nor is looking to the Supreme Court necessarily guaranteed to bring any measure of justice, let alone wisdom. It should be painfully obvious to all Americans that they are not always correct in their decisions. Or, in example, the same bunch that once declared slavery perfectly sound and legal.

No, we have it right in Colorado. While the big-wigs might like to postulate and think that all emanates from the king (as basically our intermediary to God), in fact they are more figureheads that reflect common sentiment across the land. If not always in real time, to be sure. So they might actually thank us in helping them to see the right path forward on this issue.

Blinders off.

[Mike from back east]

Originally Posted by Idunn

....they are more figureheads that reflect common sentiment across the land. If not always in real time, to be sure. So they might actually thank us in helping them to see the right path forward on this issue....

"When the people lead the leaders will follow."
...... Mahatma Gandhi

Colorado is leading.