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CRS Wrongly Suggests POTUS Could Legalize Marijuana on His Own

Nov. 4, 2021—The title of this post is inspired by a new “report” issued by the Congressional Research Service (CRS). I think calling it a “report” is giving it too much credit — it’s five thinly researched pages of text that simply repeats the old but unfounded idea that the President could unilaterally legalize marijuana federally, without...

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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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ABA Passes Resolution Calling Upon Congress to Reform Federal Marijuana Policy

Aug. 19, 2019—I am pleased to report that the American Bar Association (ABA) just adopted a resolution urging Congress to reform federal marijuana laws. The resolution declares: RESOLVED, That the American Bar Association urges Congress to enact legislation to exempt from the Controlled Substances Act any production, distribution, possession, or 3 use of marijuana carried out in...

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Recapping 3 Notable Federal Developments Affecting Marijuana Law in 2018

Aug. 2, 2018—The title of this post was the focus of my remarks on a panel at the 2018 National Conference of State Legislatures (NCSL) annual summit in Los Angeles, held at the end of July. The panel drew a packed room, attesting to state lawmakers’ interest in marijuana law and policy. You can watch the full...

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Congress Renews DOJ Spending Rider

Mar. 28, 2018—The $1.3 trillion budget Congress passed on March 23, 2018 included a rider that continues to bar the DOJ from enforcing the federal marijuana ban in some circumstances. It is identical in substance to the Rohrabacher-Farr (or Rohrabacher-Blumenauer) amendments Congress has passed each budget cycle since 2014 (see book pages 353-358). The latest rider will...

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The Corporate Tax Cut Might Have Done More for Marijuana Suppliers than Repealing Section 280E Would Have

Feb. 16, 2018—As most readers will know, state licensed marijuana businesses pay a comparatively high effective federal tax rate, because a special provision of the federal tax code (section 280E) bars them from deducting all but their cost of goods sold (COGS) when calculating their federal tax liability. In other words, these businesses may not deduct their...

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