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Legal Here, Illegal There: Enforcing Marijuana Laws Between States

When Colorado legalized marijuana use, Nebraska saw a spike in arrests for possession of cannabis. The neighboring states of Illinois and Missouri could soon have the same similarity.

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In March 2016, the U.S. Supreme Court declined to take up Nebraska’s suit against Colorado, for the former’s increased expenditures of resources due to the latter’s change of law. Justices Clarence Thomas and Samuel Alito dissented, stating that they would have taken the case. “The plaintiff states have alleged significant harms to their sovereign interests caused by another state,” Thomas wrote. The court demanded that lower courts view the case before it should reach the U.S. Supreme Court. Over a year has passed since the motion was filed. Oklahoma was also part of the proceedings. Oklahoma and Nebraska argued that illegal transportation of Colorado-sold weed into or through the states was resulting in overwhelming the police force and courts as they dealt with transgressors.

“The state of Colorado authorizes, oversees, protects and profits from a sprawling, $100 million-per-month marijuana growing, processing and retailing organization that exported thousands of pounds of marijuana to some 36 states in 2014,” said Nebraska and Oklahoma in their remarks to the Supreme Court. “If this entity were based south of our border, the federal government would prosecute it as a drug cartel.”

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