Marijuana Law, Policy, and Authority

federalism

New Paper on Murphy v. NCAA, Commandeering, and State Marijuana Reforms

I’ve just posted a new paper analyzing Murphy v. NCAA, the Supreme Court’s 2018 decision invalidating a federal statute that barred the states from legalizing sports gambling: Murphy’s Mistake, and How to Fix it (SSRN). I previously blogged about the case here. The new paper discusses the case and its implications for state marijuana reforms in much greater depth. The paper has also been…

Posted by on June 15, 2020 in News, Updates, , , , , , , , , , , , , , , ,


New Congressional Farm Bill Legalizes Some Marijuana

[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…

Posted by on December 13, 2018 in News, Updates, , , , , , , , , , , , , , , , ,


Analysis of the Warren-Gardner STATES Act

[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…

Posted by on June 7, 2018 in News, Updates, , , , , , , , , , , , , , , , , , , , , , , , ,


Arizona Supreme Court says State May not Criminalize Possession of Medical Marijuana on College Campuses

On Wednesday, in Arizona v. Maestas, the Arizona Supreme Court invalidated a 2012 state statute that had criminalized the simple possession of medical marijuana on college campuses. The Court found that the statutory prohibition conflicted with a voter approved initiative—the 2010 Arizona Medical Marijuana Act (AMMA). The AMMA lists a handful of places where the legislature…

Posted by on May 25, 2018 in News, Updates, , , , , , , , , , , , , , , , , ,


My Reactions to Cory Booker’s Marijuana Justice Act

Senator Cory Booker (D NJ) has introduced a proposal to repeal the federal marijuana ban. In a nutshell, Booker’s Marijuana Justice Act would exempt marijuana from the Controlled Substances Act. I believe Booker’s proposal to is incomplete (and therefore, both unwise and politically unpalatable) because it fails to offer any replacement for prohibition. I develop…

Posted by on August 4, 2017 in News, Updates, , , , , , , , , , ,


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