Feldmann Nagel Margulis

Licensed Across Over 15 United States,
the Global Military Courts, and Israel

(888) 458-0991
  • Home
  • Services
  • Attorneys
  • Marijuana History
  • About Us
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
Blog 2016 March The United States Supreme Courts Weighs In On Marijuana
Previous Post  |  Next Post

The United States Supreme Courts Weighs In On Marijuana

Posted By Charles Feldmann || 21-Mar-2016

By: Gregory D. Thomas, Esq.

This past January, I blogged about a petition filed with the United States Supreme Court (“USSC”) by the States of Nebraska and Oklahoma seeking a judgment stating that portions of Amendment 64 – namely, legalization of the cultivation, sale, possession, and use of marijuana in Colorado – violates the federal Controlled Substances Act (“Nebraska/Oklahoma Action”). As a general rule, a state law covering the same subject matter as a federal law is preempted by, and thus must yield to, that federal law. Nebraska and Oklahoma argued Colorado's law allowing recreational marijuana use by adults runs afoul of federal anti-drug laws and is, therefore, unconstitutional. These states also said that legalized pot in Colorado is spilling across the borders into Nebraska and Oklahoma, complicating their anti-drug efforts and draining state resources.

On March 21, 2016, the USSC rejected the effort of Nebraska and Oklahoma to have Colorado’s marijuana legalization declared unconstitutional. While six of the Justices agreed to dismiss the Nebraska/Oklahoma action without comment, two Justices – Clarence Thomas and Samuel Alito – wrote a dissenting opinion, which states that they would have heard the case and that the Court had an obligation to settle such disputes between states. The Obama administration had sided with Colorado in the case, even though the administration is opposed to making marijuana use legal.

It was earlier reported that the death of Justice Antonin Scalia last month could impact the outcome of the case because of his historically conservative views. However, it appears Justice Scalia’s presence would not have mattered. Assuming his opinion would have been in line with those of Justices Thomas and Alito, the overall decision would still have been six to three in favor of dismissal.

The USSC’s decision is undoubtedly welcome news to Colorado’s marijuana industry and could have a significant impact on national efforts to legalize marijuana in the future.

Categories: Cannabis

Share Post

Recent Posts

  • Charles Feldmann to Speak at Canna Tech Global
  • Charles Feldmann to Speak with Knesset Members, Israeli Media & Local Business People
  • Hawaii MMJ Patients Instructed to "Voluntarily Surrender" Firearms to Honolulu Police Department
  • Charles Feldmann Selected for Prestigious Lifetime Achievement Award
  • FN Attorney Lisa Pittman Featured In Houstonia Magazine
  • Interview With FN's Lisa Pittman Featured In Dallas News
  • FBI Agents Posing as Medical-Marijuana Investors
  • Attorney Feldmann Speaks on Possible Endangerment of Marijuana Federal Policies

Most Popular

  • The New Colorado Marijuana Business Investor Options Bill: Frequently Asked Questions
  • The Greenhouse Effect: Pros & Cons of High-Tech Facilities
  • FBI Agents Posing as Medical-Marijuana Investors

Categories

  • Cannabis (41)
  • Firm News (3)
  • Medical Marijuana (21)
  • Veterans (2)

Help Your Business Grow

To speak to a member from our firm about your case, call us at (888) 458-0991 or fill out the form.

Send
  • Background in the drug enforcement arena

    <b>Background</b> in the drug enforcement arena
  • Offering more than 7 years of experience in the mj industry

    Offering more than <b>7 years</b> of experience in the mj industry
  • Close relationships with state & local officials

    Close <b>relationships</b> with state & local officials
  • We produce results

    We <b>produce</b> results

Former DEA Task Force Commanders, Federal and State Prosecutors, Judges, Certified State Fraud Investigators, CPA's, and Law Enforcement on Staff

Visit a Location Near You

Denver

3858 Walnut St, Suite 144
Denver, CO 80205
View on Google Maps

Boulder

1111 Pearl Street, Suite 203
Boulder, CO 80302
View on Google Maps

Steamboat Springs

1120 South Lincoln Ave., Suite A
Steamboat Springs, CO 80487
View on Google Maps

Vail/Edwards

56 Edwards Village Blvd., Suite #219-1
Edwards, CO 81632
View on Google Maps

Austin

1200 Miami Drive
Austin, TX 78733
View on Google Maps

Los Angeles

707 Wilshire Boulevard, Suite 2025
Los Angeles, CA 90017
View on Google Maps

San Diego

7514 Girard Avenue, Unit 1304
San Diego, CA 92037
View on Google Maps

San Francisco

235 Montgomery Street, Suite 960
San Francisco, CA 94104
View on Google Maps

Israel

5 B Porush Street
Jerusalem 9247005, Israel
Feldmann Nagel Margulis
Marijuana Business Attorney
https://www.mjbusinessattorneys.com
(888) 458-0991
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Internet Marketing Experts