Colorado has responded to the Supreme court complaint by Nebraska and Oklahoma with this brief.
I think it’s extremely well-written and well-argued, pointing out the absurdity of the claims by the other states.
Here’s a taste:
The Complaint, however, does not challenge marijuana legalization as a general matter. For example, the Plaintiff States do not object to Coloradoâ€™s legalization and regulation of medical marijuana, although medical marijuana makes up over half of the Stateâ€™s $700 million marijuana industry and, like recreational marijuana, is also vulnerable to out-of-state diversion. See Raich, 545 U.S. at 31â€“32. And the Plaintiff States disclaim any argument that a State can be forced â€œto criminalize marijuana.â€ […]
The Complaint instead asks the Court to strike down only those laws that empower Colorado to authorize, monitor, and regulate recreational marijuana businesses. Compl. at 28â€“29. In other words, if Plaintiffsâ€™ requested relief is granted, recreational marijuana would remain legal, but Colorado would lose the ability to monitor and regulate its retail supply and distribution.
Interesting little dig in the statement from the Attorney General in conjunction with the brief… “This lawsuit, however, even if successful, wonâ€™t fix Americaâ€™s national drug policyâ€”at least not without leadership from Washington, D.C., which remains noticeably absent.”