The attorneys general of Nebraska and Oklahoma have launched a lawsuit against Colorado claiming the state’s 2012 voter initiative legalizing, regulating, and taxing marijuana is causing marijuana to come into their states, creating a public nuisance and consuming law enforcement resources.
Leaving aside the fact that states, and for that matter the federal government, cannot force states to criminalize marijuana, the lawsuit gets things backwards – it is Nebraska, Oklahoma and other states with marijuana prohibition that are creating a public nuisance.
As anyone who has ever taken an economics class knows, demand drives supply. If people want something, someone somewhere will make it and sell it to them. The U.S. has spent decades trying to stop marijuana and other drugs but the demand for them, like the demand for alcohol during Prohibition, ensures that they are widely available.
Nebraska and Oklahoma were awash with marijuana before Colorado and three other states legalized marijuana. And marijuana will be widely available in their states regardless of what policies Colorado and other states set.
The debate over marijuana legalization is not about whether people should use or sell marijuana, millions already are. The debate is about who should control the marijuana trade – drug cartels or regulated business owners – and where should the proceeds from marijuana sales go – to organized crime bosses or government coffers, for machine guns and hit men or education and treatment.
Colorado has chosen to take marijuana off the streets and control it through a regulated system where young people do not have access. Nebraska and Oklahoma have chosen to let criminal organizations decides where marijuana is sold and who it is sold to.
One of Nebraska’s complaints is that they are forced to spend law enforcement resources dealing with marijuana, but they would be doing that regardless of what kind of marijuana policy Colorado set. As long as there is a demand for marijuana in Nebraska, there will be a supply.
And of course, Nebraska does not have to waste law enforcement resources on marijuana. Colorado voters adopted marijuana legalization in part because they wanted to stop wasting law enforcement resources filling jails and prisons with nonviolent offenders. Nebraska could make money instead of wasting money if it followed Colorado’s lead.
Legalization and regulation bring control. Colorado has 500 pages of marijuana law and regulations that include mandatory state and local licensing, background checks, financial disclosures, video surveillance, alarm systems, seed-to-sale tracking, RFID tags, child-resistant packaging, labeling, and testing.
In contrast, policymakers in Nebraska, Oklahoma, and other states where marijuana is prohibited have no control over marijuana, its use, production or distribution.
It is marijuana prohibition that is the real nuisance. It is is costly and dangerous to Nebraskans and neighboring states.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $125,000 in one-time donations and to add 1400 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy