The U.S. Department of Justice has sided with Colorado in a federal lawsuit over the state’s recreational marijuana market.
A year ago, Nebraska and Oklahoma sued Colorado through the U.S. Supreme Court. The states argued Colorado had pre-empted federal law on marijuana and that the drug was pouring across their borders as a result.
But the U.S. Solicitor General, the Justice Department’s top courtroom lawyer, countered there’s a high bar for the U.S. Supreme Court to get involved in such interstate disputes and urged the high court not to hear the case. The government argues Nebraska and Oklahoma haven’t suffered direct or substantial injury.
Colorado, the government says, doesn’t permit pot buyers to take their marijuana across state borders. And importantly, the two states suing Colorado haven’t alleged that said Solicitor General Donald Verrilli Jr.