Back in January, I highlighted an inter-state lawsuit brought by Nebraska and Oklahoma against the state of Colorado, which allegedly is causing spillover effects in neighboring states due to its lenient marijuana policy, which is in turn amplified by a federal policy of nonenforcement in that state.
Since then, a couple amici filed briefs in support of the plaintiff states, including one brief (filed by Miguel Estrada and others) on behalf of nine former Administrators of the Drug Enforcement Administration, addressing the plaintiff states’ standing to bring the case in their sovereign capacity.
A couple of weeks ago, the state of Colorado filed its responsive brief. The states of Washington and Oregon (both of which allow recreational marijuana use by adults) filed their amicus brief supporting Colorado on the same day, since they would presumably face the same issues from their own neighboring states.
Oklahoma and Nebraska’s reply brief will be available any day now, which should wrap up the initial round of briefing on jurisdictional issues.





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