re: Oklahoma, Nebraska Ask U.S. Supreme Court To Overturn Colorado Marijuana Law

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Someone who uses marijuana is not violating any state law, so the state doesn't have the jurisdiction to prosecute. If the feds don't like Colorado legalizing marijuana, they can send the DEA in to arrest people on federal charges. But state courts have no power because no state law is being violated.

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the argument is that by legalizing marijuana, the state is now in conflict with federal law

i'm not an expert in this area of con law, but i believe to make that argument, you have to show the federal government has established itself as the regulatory body in this area. basically federal law preempts state law, so state law cannot violate federal law.

OK/NE's arguments are weak for 2 reasons

1. drug prosecutions are the domain of the states, always have been, and will continue to do so regardless of what Colorado does. there is a regulatory framework for drugs in the federal system, but it is not the first line of defense in the "war on drugs". states handle the super majority of cases involving drugs.

2. Colorado is basically removing a law. it's not adding a law that comes into conflict with federal law. OK/NE are arguing that by removing a law (or refusing to enforce a law) that comes into an area that the feds may also regulate, the state at issue is violating the constitution by its inaction. not only is that a scary argument, any politician from OK/NE that claims to be for states rights that supports this suit is basically the definition of hypocrisy.