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Colorado neighbors ask U.S. Supreme Court to void marijuana law

A Nebraska sheriff, supporting a lawsuit seeking to void Colorado's marijuana law, said legal pot is having an "adverse effect" on life in his county.

By Frances Burns
The 3D Cannabis Center opened for gusiness on Jan. 1 in Denver with Sean Azzariti of Boston as the first customer. Oklahoma and Nebraska sued Colorado on Thursday, arguing marijuana purchased in Colorado is moving across their borders. UPI/Gary C. Caskey
The 3D Cannabis Center opened for gusiness on Jan. 1 in Denver with Sean Azzariti of Boston as the first customer. Oklahoma and Nebraska sued Colorado on Thursday, arguing marijuana purchased in Colorado is moving across their borders. UPI/Gary C. Caskey | License Photo

WASHINGTON, Dec. 18 (UPI) -- In a lawsuit filed Thursday with the U.S. Supreme Court, Oklahoma and Nebraska argued that marijuana bought legally in Colorado is leaking across their borders.

In their complaint, the two states argue that Colorado's legalization of recreational marijuana is unconstitutional. Colorado and Washington State voted in favor of legalization in 2012 referendums and have since been joined by Oregon, Alaska and Washington, D.C.

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Legalization in some states has led to a "dangerous gap" in federal enforcement of drug laws, Oklahoma and Nebraska said.

"Marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems," lawyers for the two states said.

Attorney General John Suthers said the lawsuit has no merit. He suggested that Nebraska and Oklahoma are mainly concerned about the federal government's failure to enforce its own drug laws.

The Obama administration has said states that legalize marijuana must ban sales to minors and take steps to keep pot sold legally from getting across the border. Recently, the Justice Department said tribal organizations can also decide to legalize growing and selling marijuana as long as they meet those standards, even if they are in states where marijuana is illegal.

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Nebraska Attorney General Jon Bruning said marijuana purchased in Colorado has become increasingly common in the western part of his state and "Nebraska taxpayers have to bear the cost."

Bluff County Sheriff Mark Overman agreed, saying he is glad the state is suing.

"This stuff is illegal here, it's coming here and it's had an adverse effect on our citizens and way of life," Overman said. "Nebraska, from highest elected officials on down, should do something about it."

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