Robert Celt
New Member
The Supreme Court of the United States has again delayed any decision regarding the future of legal marijuana in the United States.
According to the Denver Post's John Ingold this morning, the SCOTUS has yet to decide whether to hear or reject a lawsuit brought by two of Colorado's neighboring states, Nebraska and Oklahoma.
The SCOTUS first delayed deliberations on the lawsuit for a memorial for Justice Scalia. The lawsuit again appeared on the SCOTUS calendar for Friday, but as of today, no decision had been made.
Nebraska and Oklahoma are asking SCOTUS to dismantle state-level regulations on legal pot in Colorado – and by extensions Washington, Oregon, Alaska, and Washington DC. The neighboring states argue marijuana is leaking out of Colorado and negatively impacting them.
SCOTUS can either agree to hear the lawsuit, setting the stage for more proceedings, or decline to hear it – which would nullify this particular challenge to cannabis regulations.
Legal experts say the Court is unlikely to take up the legalization challenge for a variety of reasons. The death of Justice Scalia likely pushed the Court closer to a 4-4 deadlock on the issue, and a tie favors Colorado. Justice Scalia could have cast a fifth vote in favor of pot prohibition.
Also, the neighboring states' situation could not be improved by winning their case, experts note. A SCOTUS verdict in favor of the neighbors would only invalidate state regulations on legal cannabis, while leaving legalization itself intact. A regulatory vacuum would probably increase rates of interstate trafficking, not decrease them.
"The plaintiffs can't show they could be helped by a positive decision in their favor," Sam Kamin, marijuana law professor at the University of Denver, told IBT.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Pivotal Supreme Court Decision On Marijuana Legalization Delayed Again
Author: David Downs
Contact: SFGate
Photo Credit: None found
Website: SFGate
According to the Denver Post's John Ingold this morning, the SCOTUS has yet to decide whether to hear or reject a lawsuit brought by two of Colorado's neighboring states, Nebraska and Oklahoma.
The SCOTUS first delayed deliberations on the lawsuit for a memorial for Justice Scalia. The lawsuit again appeared on the SCOTUS calendar for Friday, but as of today, no decision had been made.
Nebraska and Oklahoma are asking SCOTUS to dismantle state-level regulations on legal pot in Colorado – and by extensions Washington, Oregon, Alaska, and Washington DC. The neighboring states argue marijuana is leaking out of Colorado and negatively impacting them.
SCOTUS can either agree to hear the lawsuit, setting the stage for more proceedings, or decline to hear it – which would nullify this particular challenge to cannabis regulations.
Legal experts say the Court is unlikely to take up the legalization challenge for a variety of reasons. The death of Justice Scalia likely pushed the Court closer to a 4-4 deadlock on the issue, and a tie favors Colorado. Justice Scalia could have cast a fifth vote in favor of pot prohibition.
Also, the neighboring states' situation could not be improved by winning their case, experts note. A SCOTUS verdict in favor of the neighbors would only invalidate state regulations on legal cannabis, while leaving legalization itself intact. A regulatory vacuum would probably increase rates of interstate trafficking, not decrease them.
"The plaintiffs can't show they could be helped by a positive decision in their favor," Sam Kamin, marijuana law professor at the University of Denver, told IBT.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Pivotal Supreme Court Decision On Marijuana Legalization Delayed Again
Author: David Downs
Contact: SFGate
Photo Credit: None found
Website: SFGate
