The US Government has urged SCOTUS to pass on hearing the dispute among Nebraska, Oklahoma and Colorado over Colorado’s law legalizing the recreational use of marijuana. In a brief filed late Wednesday night, U.S. Solicitor General Donald Verrilli Jr., stated that Nebraska and Oklahoma have not sufficiently alleged that Colorado has inflicted direct injury to the citizens of those respective states to warrant the exercise of original jurisdiction over the case.
This is a win for the cannabis industry. At the direction of the Obama administration, U.S. Solicitor General Donald Verrilli Jr. clearly states that SCOTUS should not weigh-in on this issue. While I believe that the arguments from Nebraska and Oklahoma are weak, this is a positive step to dissuade SCOTUS from acting as the final law maker on this issue. This is a job for the legislature.