The Constitution
In Colorado on December 10, 2012, it became legal for any individual age 21 or older to possess up to an ounce of marijuana for “any purpose”. On January 1, 2014, it became legal for people to purchase marijuana from licensed retail outlets. In addition, while marijuana is still a federally prohibited substance, U.S. Attorney General Eric Holder directed federal law enforcement agencies to refrain from enforcing the federal law in Colorado. As a consequence, several new legal issues may arise.
Using your understanding of the concepts from Chapter 4, explain in as much detail as possible whether each of the following complaints would succeed or fail on Constitutional grounds. Do not rely on outside research for your original response.
1. The Attorneys General of Nebraska and Oklahoma argue that the Colorado law makes it easier for their state’s residents and other state’s residents who are traveling through their states to obtain marijuana which will increase their law enforcement costs. Therefore they petition the U.S. Supreme Court to overturn the Colorado law.
2. The Attorney General of Florida argues that Colorado’s law makes it a more attractive vacation destination, thereby harming Florida’s commercial interests in violation of the Commerce Clause and demanding the law be overturned.
3. The Colorado business association representing the marijuana industry spends several million dollars on public advertising and activities to get pro-legalization measures placed on several other states’ ballots and to elect pro-legalization representatives to both state and federal officials. A concerned citizens association in one of these states charges that the consequences of these ads and activities will endanger the public health and welfare of the state’s residents and it asks the state court to prohibit these ads and activities.
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