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States of Nebraska and Oklahoma v. State of Colorado, Complaint

    Citation. 220144, Original, in the Supreme Court of the United States (2014)

    Brief Fact Summary.

    Colorado passed Amendment 64, which allows citizens of Colorado to use marijuana for personal use and operate marijuana facilities.

    Facts.

    The federal government has superior authority to regulate interstate and foreign commerce, such as marijuana. Nevertheless, Colorado just enacted Amendment 64, which permits personal use of marijuana and the operation of marijuana related facilities. Amendment 64 is allegedly devoid of any safeguards to assure that the marijuana that is sold and cultivated in Colorado will not reach to other states, such as the Plaintiff. The Plaintiff contends that Amendment 64 is a direct contradiction of a clear congressional intent to eliminate interstate controlled substances on the market. Moreover, it is unlawful to conspire to violate the Controlled Substance Act, which is what Colorado is doing here allegedly. Further, Plaintiff claims that the Amendment will cause detrimental impact and irreparable harm to its states, such as increases in apprehensions, incarcerations, and prosecution. Therefore, the Plaintiffs seek a declaratory judgment stating Amendment 64 is preempted by federal law, an complete enjoinment of the statute, and to pay Plaintiff’s cost and expenses, including attorney’s fees.

    Issue.

    Whether it is unlawful for Colorado to enact the Amendment 64, which is in violated of federal law.


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