Nebraska, Oklahoma Ask Supreme Court to Nix Colorado Marijuana Law

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.

Nebraska and Oklahoma have filed a lawsuit with the U.S. Supreme Court to overturn Colorado’s recreational cannabis law, arguing that it creates a “dangerous gap” in federal marijuana policies and is unconstitutional, according to a report by the Denver Post.

If the suit is successful, it could upend marijuana markets in the handful of other states that have legalized recreational cannabis. It could even possibly endanger the medical marijuana industry, depending on what the court’s justices decide.

“Federal law undisputedly prohibits the production and sale of marijuana,” Nebraska Attorney General Jon Bruning said in a statement, according to The Denver Post. “Colorado has undermined the United States Constitution, and I hope the U.S. Supreme Court will uphold our constitutional principles.”

Colorado Attorney General John Suthers replied in a statement of his own that the suit was “without merit,” and pledged to “vigorously defend” Colorado’s marijuana laws.

“It appears the plaintiffs’ primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado,” Suthers said.