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Omaha Steve

(99,658 posts)
Fri Mar 6, 2015, 12:38 AM Mar 2015

Sheriffs from 3 states, including Nebraska, sue over Colorado pot law

Source: Omaha World Herald-AP

DENVER (AP) — Ten sheriffs from three different states sued Colorado Thursday for decriminalizing marijuana joining a handful of recent legal challenges urging courts to strike down the state's legalization of recreational pot.

The sheriffs from Colorado, Kansas and Nebraska say that Colorado's 2012 marijuana legalization vote violates federal law.

"A state may not establish its own policy that is directly counter to federal policy against trafficking in controlled substance," the sheriffs argue in the lawsuit filed in U.S. District Court in Denver.

The lawsuit is the latest legal challenge to legal weed. Nebraska and Oklahoma have appealed to the U.S. Supreme Court to strike down marijuana legalization in Colorado. The Supreme

FULL story at link.



THE ASSOCIATED PRESS
A customer shops for recreational marijuana inside the Evergreen Apothecary in Denver, Colorado.


Read more: http://www.omaha.com/news/nation/sheriffs-from-states-including-nebraska-sue-over-colorado-pot-law/article_7871ca20-c359-11e4-a93d-63df63b8518d.html

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Sheriffs from 3 states, including Nebraska, sue over Colorado pot law (Original Post) Omaha Steve Mar 2015 OP
Why do I get the feeling... Archae Mar 2015 #1
Not good. They have standing. The law is on their side. immoderate Mar 2015 #2
The Feds have argued the states have no business stepping into federal jurisdiction. Xipe Totec Mar 2015 #3
"We can't stop the DEA from coming in here, christx30 Mar 2015 #4
There you go! nt Xipe Totec Mar 2015 #6
Nor can the feds force the state to assist them in doing so. Angleae Mar 2015 #13
If the governor really wanted to stick it in the feds craw christx30 Mar 2015 #15
They don't have standing. android fan Mar 2015 #10
The Supreme Court might disagree with you. And they would win. immoderate Mar 2015 #11
Can citizens of one state christx30 Mar 2015 #18
If it violates federal law, they rightly can. Elmer S. E. Dump Mar 2015 #19
But you know they never will. christx30 Mar 2015 #21
I don't think it works that way, but whatever. Elmer S. E. Dump Mar 2015 #22
If enough states stuck it to the feds christx30 Mar 2015 #25
We both agree on that. I hope it happens. n/t Elmer S. E. Dump Mar 2015 #34
Yep there's BIG money to be made in fighting wars with countries and drug wars. It's all about RKP5637 Mar 2015 #28
I don't see it as a violation of federal law. Jim Lane Mar 2015 #33
Based on what? Adrahil Mar 2015 #31
I knew it. Some people can't stand to see other people happy. BlueJazz Mar 2015 #5
I used to wish I could put my fist throught the phone or TV. Elmer S. E. Dump Mar 2015 #20
Tell them to get over themselves and go after real criminals and real crimes, williesgirl Mar 2015 #7
That, is exactly what is going on. n/t RKP5637 Mar 2015 #30
Indeed. 2naSalit Mar 2015 #32
Freedom haters. WDIM Mar 2015 #8
Why? Are they afraid their "business" will suffer? Populist_Prole Mar 2015 #9
speed limit 21 - now that is funny asiliveandbreathe Mar 2015 #17
Jerks. (no text) Quantess Mar 2015 #12
States Rights Goddamn It! armed_and_liberal Mar 2015 #14
Voter intent...other states sue CO asiliveandbreathe Mar 2015 #16
Why don't they just build a border wall around Colorado? These types of people valerief Mar 2015 #23
I want President Obama to mandate out the stupid Federal prohibition now Sunlei Mar 2015 #24
they are stupid samsingh Mar 2015 #26
WTF hypocrite republicans!!? workinclasszero Mar 2015 #27
New Study Shows Marijuana Is 114 Times Safer Than the Deadliest Legal Drug in the U.S. Gregory Krieg workinclasszero Mar 2015 #29
Waaaaah! We love to bust evil pot smokers and get lots of money! tabasco Mar 2015 #35

Xipe Totec

(43,890 posts)
3. The Feds have argued the states have no business stepping into federal jurisdiction.
Fri Mar 6, 2015, 01:02 AM
Mar 2015

The state merely has to state this is a federal issue not a state issue.

Feds can go ahead and do the fed thing.

(ETA)

The Feds have argued the states have no jurisdiction in immigration issues because it's a federal law.

christx30

(6,241 posts)
4. "We can't stop the DEA from coming in here,
Fri Mar 6, 2015, 01:11 AM
Mar 2015

but we will not allow our police forces to assist in busting pot users or growers."

christx30

(6,241 posts)
15. If the governor really wanted to stick it in the feds craw
Fri Mar 6, 2015, 03:17 AM
Mar 2015

he could announce a blanket pardon of all nonviolent marijuana offenders. and he could also say that the feds want to prosecute, it's their dime, and no longer his problem.

 

android fan

(214 posts)
10. They don't have standing.
Fri Mar 6, 2015, 01:57 AM
Mar 2015

They can't override the voters intent.

Guess that they have to find other people to bust, and I really strongly advise meth labs to clean up.

christx30

(6,241 posts)
18. Can citizens of one state
Fri Mar 6, 2015, 09:38 AM
Mar 2015

sue another state for laws they don't like?
I drove through Illinois one year on a trip from Texas to Michigan. The speed limit in Illinois was 55 through most of the state. It was extremely annoying.

 

Elmer S. E. Dump

(5,751 posts)
19. If it violates federal law, they rightly can.
Fri Mar 6, 2015, 11:12 AM
Mar 2015

And the supreme court would be correct in upholding their suit. The feds need to take it off the controlled substance list and stop this nonsense.

christx30

(6,241 posts)
21. But you know they never will.
Fri Mar 6, 2015, 11:39 AM
Mar 2015

There's too much money to be made in locking up otherwise innocent people. Too much taxpayer money to be squandered in fighting against this plant.
You're always good to see people fight against legalization, because they know their wallet is about to get lighter. It's up to the states legalizing it despite what the federal government says. I know about the supremacy clause. I also know that a just government requires consent of the governed. So we need to get out state legislators to withdraw that consent.

christx30

(6,241 posts)
25. If enough states stuck it to the feds
Fri Mar 6, 2015, 12:21 PM
Mar 2015

by passing decriminalization laws, it would send a powerful message to Washington. "We're sick of the insanity of prohibition, and we aren't going to participate any more."

RKP5637

(67,111 posts)
28. Yep there's BIG money to be made in fighting wars with countries and drug wars. It's all about
Fri Mar 6, 2015, 12:30 PM
Mar 2015

$$$$$'s. Those in the enforcement and prison arena want $$$$$'s. It has little to do with what's good for "we the people." It's all about the money to be made in fighting these stupid wars.

 

Jim Lane

(11,175 posts)
33. I don't see it as a violation of federal law.
Fri Mar 6, 2015, 07:40 PM
Mar 2015

Even if there's a federal law that criminalizes marijuana possession, there's no federal law that criminalizes a state's decision not to criminalize it.

And even if there were such a federal law, it would be unconstitutional. Consider the first SCOTUS decision on Obamacare. The law was upheld except for one part -- the provision requiring the states to expand Medicaid. SCOTUS said that each state had the right to refuse. That's why we have people in red states falling into the gap. The subsidies kick in at the new (higher) income limit for Medicaid, because it was assumed that everyone with a lower income would be on Medicaid. People whose income is above the old (lower) Medicaid limit but below the new one, and whose state governments have chosen not to go along with the expansion, get screwed.

No state government would be allowed to interfere with federal enforcement of federal drug laws, but merely declining to join in the witch-hunt doesn't put them in violation.

 

Adrahil

(13,340 posts)
31. Based on what?
Fri Mar 6, 2015, 12:41 PM
Mar 2015

Colorado is not nullifying Federal law, it's just not making this a STATE crime.

Federal authorities can still enforce Federal law if they wish.

States won't arrest you for Federal tax evasion either. Or for espionage.

 

Elmer S. E. Dump

(5,751 posts)
20. I used to wish I could put my fist throught the phone or TV.
Fri Mar 6, 2015, 11:13 AM
Mar 2015

Using the internet would be very liberating!

williesgirl

(4,033 posts)
7. Tell them to get over themselves and go after real criminals and real crimes,
Fri Mar 6, 2015, 01:14 AM
Mar 2015

Not just these easy arrests that boost their statistics. They're afraid their own states will legalize it and there goes all those federal $s and toys.

2naSalit

(86,646 posts)
32. Indeed.
Fri Mar 6, 2015, 12:50 PM
Mar 2015

And they might actually catch a glimpse of themselves in the cosmic mirror and end up having to do something about themselves and their corruption... can't have that.

I think they are just jealous at the state revenue Colorado now enjoys. If it's that easy, there will be no need for much of the elaborate efforts they employ to keep the "war on drugs" supplying them with $$ and what one retired cop once told me... "We get to Rock 'n' Roll and get paid for it." Meaning they get to bash heads and get paid by us to do so, and apparently, many of them enjoy that activity.

WDIM

(1,662 posts)
8. Freedom haters.
Fri Mar 6, 2015, 01:25 AM
Mar 2015

Leave the peaceful citizens and their plants and herbs alone. Go after the real criminals.

Populist_Prole

(5,364 posts)
9. Why? Are they afraid their "business" will suffer?
Fri Mar 6, 2015, 01:32 AM
Mar 2015

Their "business" being arrests?.

Maybe they can float the idea of lowering the speed limit to 21 and raising the drinking age to 55: That'll bring a shitload of new business for them.

Authoritarian thugs........

asiliveandbreathe

(8,203 posts)
17. speed limit 21 - now that is funny
Fri Mar 6, 2015, 08:04 AM
Mar 2015

drinking age 55 - that is even funnier...lots of new business...LMAO....

Will share...TGIF

armed_and_liberal

(246 posts)
14. States Rights Goddamn It!
Fri Mar 6, 2015, 03:03 AM
Mar 2015

The right wing nuts should be all over this. Federal Government being asked to intervene in the right of Colorado to make laws!

asiliveandbreathe

(8,203 posts)
16. Voter intent...other states sue CO
Fri Mar 6, 2015, 07:59 AM
Mar 2015

and the question of standing..this could very well tie into the SCOTUS decision regarding redistricting - believe it or not..AZ state v AZ voter initiative re Independent redistricting voter approved commission - according to constitution and definition of "Legislature" - at least that is how I read the SCOTUS review yesterday..correct me if I'm wrong - I know you will!

I know - wonky -

BTW - me thinks this train has left the station - re: CO and their voter initiative...(these days - it seems - only lawyers are makin' out like bandits!)

TGIF

valerief

(53,235 posts)
23. Why don't they just build a border wall around Colorado? These types of people
Fri Mar 6, 2015, 12:11 PM
Mar 2015

love their border walls.

Sunlei

(22,651 posts)
24. I want President Obama to mandate out the stupid Federal prohibition now
Fri Mar 6, 2015, 12:17 PM
Mar 2015

Next elections will turn out the D voters

 

workinclasszero

(28,270 posts)
27. WTF hypocrite republicans!!?
Fri Mar 6, 2015, 12:23 PM
Mar 2015

STATES RIGHTS...STATES RIGHTS....STATES RIGHTS!!!!!!!!!@!@!!@@!

Ain't that the bagger motto??

FUCKING HYPOCRITES!!!

 

workinclasszero

(28,270 posts)
29. New Study Shows Marijuana Is 114 Times Safer Than the Deadliest Legal Drug in the U.S. Gregory Krieg
Fri Mar 6, 2015, 12:32 PM
Mar 2015
New Study Shows Marijuana Is 114 Times Safer Than the Deadliest Legal Drug in the U.S.

By Gregory Krieg February 23, 2015


The deadliest drug in America is legal in all 50 states, and it's significantly more dangerous than a range of illegal substances much more heavily regulated and policed.

According to research recently published in Scientific Reports and spotted by the Washington Post, alcohol is approximately 114 times more dangerous than
marijuana, which remains the only federally controlled substance that has never caused a death by overdose.


http://mic.com/articles/111142/new-study-shows-marijuana-is-114-times-safer-than-the-deadliest-legal-drug-in-the-u-s

Your elected officials at work people!!! Protecting us from the harmless and promoting the most deadly drug of all!!AHHHHHGRRRRR!!!!
 

tabasco

(22,974 posts)
35. Waaaaah! We love to bust evil pot smokers and get lots of money!
Sat Mar 7, 2015, 11:33 AM
Mar 2015

Our buddies the prison guards, probation officers, drug counselors, etc. need jobs!!!

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