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New Article on the Hidden Problems Posed by Federal Legalization, and a New Way to Address Them

Aug. 23, 2021—Scott Bloomberg (Maine Law Professor) and I have just written a new article that comprehensively catalogues the problems that might arise if Congress were to suddenly legalize marijuana and thereby unleash the Dormant Commerce Clause (DCC) on the states. (As I’ve explained elsewhere, see here, I think the DCC may already be on the loose...

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Analysis of the Warren-Gardner STATES Act

Jun. 7, 2018—[Update 6/8: I redrafted some of the language below for clarity and conciseness.] On June 7, Senators Elizabeth Warren (D MA) and Cory Gardner (R CO) formally introduced legislation to eliminate much of the conflict between state and federal marijuana laws. A full copy of the proposed legislation, called the “Strengthening the Tenth Amendment Through...

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Panel Discussion of The Promise and Pitfalls of the Marijuana Justice Act

Jan. 31, 2018—On January 3, 2018, I had the pleasure of moderating a vibrant panel discussion on race and marijuana law at the American Association of Law Schools (AALS) annual conference in San Diego. I thoroughly enjoyed the panel, which discussed a broad range of topics, including the Marijuana Justice Act proposed by Senator Cory Booker (discussed...

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