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Neb/Okla v Colorado

by: Grace Hansen

Neb/Okla v Colorado 2955

Marketplace > University of Denver > Law > 2955 > Neb Okla v Colorado
Grace Hansen
GPA 3.6
Foundations of Business Law
Nicole Black

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About this Document

This is our week four notes on the Nebraska/Oklahoma vs. Colorado case. The beginning is a quick summary of the case, although we were supposed to focus on the brief, so the majority are on the rul...
Foundations of Business Law
Nicole Black
Class Notes
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This 3 page Class Notes was uploaded by Grace Hansen on Wednesday October 7, 2015. The Class Notes belongs to 2955 at University of Denver taught by Nicole Black in Summer 2015. Since its upload, it has received 14 views. For similar materials see Foundations of Business Law in Law at University of Denver.


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Date Created: 10/07/15
Grace Hansen 1 Brief on NebOkla V Colorado Petition Overview The states of Nebraska and Oklahoma led a lawsuit against the state of Colorado alleging its recreational marijuana stores are propagating the distribution of marijuana into their states causing resource strain to their criminal justice systems They also charge the federal government with creating a dangerous gap in drug laws by permitting Colorado to authorize recreational use I Constitutional and Statutory provisions involved Section 2 of Article II of the US Constitution said that the supreme Court shall have original jurisdiction 0 The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States Statement The Controlled Substances Act The Controlled Substances Act CSA closed regulatory system makes it unlawful to manufacture distribute dispense or possess any controlled substance except in a manner authorized by the CSA 0 Authorizes transactions within the legitimate distribution chain and makes all others illegal It categorizes substances into ve schedules 0 The restrictions on manufacture distribution and possession depend on the schedule in which the drug has been placed 0 The drugs are grouped together based on medical uses abuse psychological and physical effects A drug is listed in schedule I if it has a high potential for abuse no currently accepted medical use and a lack of accepted safety for use Illegal drugs are said to have an effect on health and the general welfare of the American People Manufacture local distribution and possession have a direct effect upon interstate commerce because 0 After manufacture many controlled substances are transported in interstate commerce 0 Controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution 0 Controlled substances possessed commonly ow through interstate commerce immediately prior to such possession Colorado s Amendment 64 To facilitate the creation of a marijuana industry in direct contravention of federal law The first paragraph of Amendment 64 in it text shows that the amendment exists both to legalize marijuana and ensure that it is taxed in a manner similar to alcohol It requires Colorado to make regulations that do make the operation of marijuana establishments unreasonable impracticable Grace Hansen 2 Can t cost too much be too risky or discourage someone from opening a marijuana establishment The amendment requires Colorado to create an extensive system of licensure with applications fees and suspension and revocation standards It must include safety standards for marijuana establishments regulations against underage purchase and labeling and health info Also they needed to enact an excise tax on the sale or transfer of marijuana 111 Summary of the Argument This harms not just the Plaintiff States but also the dozens of other states who have seen Coloradogrown marijuana cross into their borders despite state and federal law to the contrary IV Argument Two factors that guide the Court s inquiry 0 Whether a motion for leave to le should be granted 0 Whether there exists an alternative forum in which the issue tendered can be resolved 1 Plaintiff States as the Gateway for the traf cking of illegal Coloradosourced marijuana bear the brunt of the problems caused by Colorado s choice to circumvent federal law Colorado s choice to skirt the comprehensive CSA presents a direct threat to the health and safety of the residents of Plaintiff States drains Plaintiff States treasuries and stresses Plaintiff States criminal justice systems Casus belli an event or action that justi es or allegedly justi es a war or con ict Colorado authorizing the traf cking of federal contraband reaping a ton of pro ts from doing so and causing Plaintiff States to incur signi cant costs but its violation is substantial and growing An important issue of federalism is at stake whether a state can authorize the violation of federal law strikes the Supremacy Clause Colorado s af rmative authorization of marijuana has a signi cant impact on both the supply and demand sides of the market for marijuana the very market Congress sought to control through the CSA The power of Plaintiff States to regulate the ow of illegal drugs at their borders in the manner normally available to sovereigns has been surrendered by the states under the Constitution PS are left with no constitutional remedy to directly curb this threat to the health and safety of their residents treasuries and criminal justice systems C Gonzales v Raich Under Califomia s Compassionate Use Act requires that marijuana being grown by the patient or caregiver be used only for the patient s personal use The case made its way to this Court where the United States argued that marijuana was a drug with signi cant potential for abuse and dependence and was a fungible commodity that is regularly bought and sold in an interstate market The court said that because marijuana is used for personal medical purposes on the advice of a physician is irrelevant because the CSA designates marijuana as Grace Hansen 3 contraband for any purpose and the CSA designed to regulate which controlled substance can be utilized for medicinal purposes Congress intended the CSA to prohibit the type of legalization effectuated by Colorado here Maryland V Louisiana Several states sued Louisiana firstuse tax that Louisiana imposed on natural gas imported into the state Louisiana objected to this Court on two grounds 0 Louisiana argued that because its tax was imposes on pipeline companies rather than on summers the challenging states lacked an injury 0 As parens patriae the state had an interest in protecting their citizens from suffering similar economic harm The court disagreed noting o No state was a party to those pending state actions 0 The case implicated unique concerns of federalism affecting over 30 states 0 The nature of the preemption claim necessarily implicated the interests of the United States which cut in favor of exercise of original jurisdiction


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