‘controlled substances act’
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...
Why the President Cannot Legalize Marijuana via Executive Action
Sep. 30, 2020—I have just posted a paper addressing the question posed by the title of this post. Here’s a link to the paper on SSRN: POTUS and Pot: Why the President May Not (and Should Not) Legalize Marijuana Through Executive Action And here’s the abstract: Could the President legalize marijuana, without waiting for Congress to act?...
Nebraska Attorney General Gives the State Some Bad Legal Advice Concerning Marijuana Legalization
Aug. 4, 2019—On August 1, Nebraska Attorney General Douglas Peterson gave the state some bad legal advice concerning proposed medical marijuana legislation (the Medical Cannabis Act). In response to a request from a state senator, he concluded that the MCA would be preempted by the federal Controlled Substances Act (CSA) and thus null and void. The AG’s full...
New Congressional Farm Bill Legalizes Some Marijuana
Dec. 13, 2018—[Updated 12/21 10:45 am: As expected, President Trump signed the Farm Bill into law on Dec. 20. The Commissioner of the FDA also issued a notable statement on the Bill (h/t to Doug Berman). The Commissioner emphasizes the points I make below regarding the ongoing limitations imposed by the FDCA on the use of CBD...
UPDATE: Maine Supreme Court Holds State Worker Compensation Law Preempted
Jun. 28, 2018—Last week the Maine Supreme Court issued its decision in Bourgoin v. Twin Rivers. For the full opinion, see here. I blogged about the case back in October: see Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation. In this post, I’ll briefly describe the court’s recent holding and then provide a few thoughts...
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...