Supreme Court Could Address CO Rec Lawsuit Soon

Just Released! Get realistic market forecasts, state-by-state insights and benchmarks with the new 2024 MJBiz Factbook member program, now with quarterly updates. Make informed decisions.

The question of whether or not the U.S. Supreme Court will hear a lawsuit targeting Colorado’s landmark recreational marijuana law may be answered as soon as January.

Colorado Attorney General Cynthia Coffman told the Denver Post on Thursday that she expects the nation’s highest court to decide next month whether it will take up the lawsuit, which was filed by Oklahoma and Nebraska. The suit is attempting to overturn Colorado’s rec law, arguing that it creates a “dangerous gap” in federal marijuana policies and is unconstitutional.

Coffman also said she’s disappointed in a court brief filed by the U.S. solicitor general this week because it doesn’t thoroughly outline the Obama administration’s policy on state marijuana laws.

“The Department of Justice missed a prime opportunity to provide insights into their permissive approach to marijuana,” Coffman told the Post. 

If the court does decide to hear arguments on the case, it would certainly prove a major legal milestone for the marijuana industry as a whole, whatever the justices decide.