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Orders from Obama Administration: The Colorado Marijuana Lawsuit Rejected by the Supreme Court

Dec 17, 2015 09:43 PM EST

Nebraska and Oklahoma filed a suit against the legal marijuana consumption by adults in Colorado. The Obama administration, being in favor of the law asked the Supreme Court to reject the plea.

According to the Yahoo news, in their challenge to Colorado's law, filed in December 2014, Nebraska and Oklahoma said marijuana is being smuggled across their borders and that drugs threaten the health and safety of children.

The federal rules and regulation suggest that the marijuana intake is illegal. Taking note of this fact, Nebraska and Oklahoma stated that a treacherous gap has been created in the federal drug control system by Colorado.

In the neighboring state dispute, the Obama government has taken Colorado's side for the legalization of marijuana. According to the Vanderbilt Law's professor, Robert Mikos, who is also a drug law expert, the lawsuit proposed by Oklahoma and Nebraska cannot be heard in Supreme court as such claims are usually not discussed in Supreme Court.

 "They hit on a very important issue without having to directly weigh in on the merits of the suit," Mikos said. "The thrust of the argument from the SG is that the Supreme Court shouldn't be the first one to hear this dispute" reports The Cannabist blog.

Sam Kamin, the marijuana law expert states that this decision from the solicitor general comes as pleasant news for Colorado. The state of Oklahoma and Nebraska protested against Colorado's action and stated that their efforts to implement anti-marijuana laws have been hindered. According to them, their resources are being wasted in fighting marijuana coming across the border.

Solicitor General Donald Verrilli Jr. confirmed that the neighboring state has not accused Colorado of authorizing or directing anyone to transport marijuana across the state lines. "At most, they have alleged that third-party lawbreakers are inflicting those injuries and that Colorado's legal regime makes it easier for them to do so," Verrilli wrote. Taking up the dispute "would represent a substantial and unwarranted expansion of this court's original jurisdiction," reported in the Star Tribune news.

The SG's notes clearly mention that the amount of marijuana that Colorado allows people to possess is an ounce or less. Such small amount of cannabis carried across the border does not cause any harm, loss, or injury in terms of funding law-enforcement and other expenses.

Although Obama administration is against the legalization of Marijuana, it will not come amid the states that want to validate marijuana, legalizing tax and regulations. As long as the kids, federal property and black market are kept away from marijuana successfully, Obama administration will not be an obstacle.