Marijuana Law, Policy, and Authority

Updates (aka, The Blog)

The Marijuana Law, Policy, and Authority Blog

On this page, you’ll find all of my blog posts discussing important new developments in the field of marijuana law and policy. Where applicable, the posts will explain where the new materials fit in the book. The posts on this page are organized chronologically, with the most recent post appearing first. The “Resources” tab (on the right) has additional pages that organize the posts differently, to fit different needs. One page organizes the posts by topic, indicating the specific sections of my book where each post most logically fits. The second page highlights a subset of posts that are of particular relevance to certain states.

According to the Bluebook, Rule 18.2, citations to the Blog should be formatted as follows:

Robert A. Mikos, [title of post], Marijuana L., Pol’y, & Auth. Blog ([date]), [web address].

For example:

Robert A. Mikos, The Looping Problem in Marijuana Sales, Marijuana L., Pol’y, & Auth. Blog (May 9, 2018), https://my.vanderbilt.edu/marijuanalaw/2018/05/the-looping-problem-in-marijuana-sales/.

 

State Restrictions on Interstate Commerce in Cannabis are Unconstitutional

The title of this post is the takeaway of a new law review article I have just posted on SSRN. The article challenges the widely held assumption that legalization states may ban imports of cannabis or otherwise prevent nonresidents from participating in their local cannabis markets. Here is the link to a nearly final draft...... KEEP READING

Posted on Wednesday, March 3rd, 2021 in News, Updates | Tags: , , , , , , , , , , , , , , , , , 1 Comment »


South Dakota Bar Warns Lawyers that Counseling Marijuana Clients Might be Ethics Violation – Not First State to Say So

In fall 2020, South Dakota voters approved measures to legalize both medical and recreational marijuana. See Marijuana Reforms Win Big at the Polls. In January 2021, however, the South Dakota State Bar Association warned attorneys that providing legal services to marijuana businesses would violate the South Dakota Rules of Professional Conduct (i.e., the bar’s code of...... KEEP READING

Posted on Wednesday, January 6th, 2021 in News, Updates | Tags: , , , , , , , , , Comments Off on South Dakota Bar Warns Lawyers that Counseling Marijuana Clients Might be Ethics Violation – Not First State to Say So


What are the Possible Ramifications of the UN’s Vote to Reschedule Marijuana?

On Wednesday, the UN Commission on Narcotic Drugs narrowly voted to re-schedule cannabis under the Single Convention on Narcotic Drugs of 1961. In particular, the Commission approved a recommendation from the World Health Organization (WHO) to remove cannabis from Schedule IV of the Single Convention on Narcotic Drugs of 1961. (The recommendation in full stated:...... KEEP READING

Posted on Thursday, December 3rd, 2020 in News, Updates | Tags: , , , , , , , , , , , 2 Comments »


Marijuana Reforms Win Big at the Polls

On November 3, five states had measures on the ballot to legalize recreational and / or medical marijuana: Arizona, Mississippi, Montana, New Jersey, and South Dakota. Voters in Mississippi, Montana, and South Dakota actually had more than one measure to consider. Notably, all of proposed ballot measures passed, most by hefty margins. This is the...... KEEP READING

Posted on Wednesday, November 4th, 2020 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , , , 1 Comment »


UPDATE: Federal Judge Finds that State Residency Requirements for Marijuana Licensing are Unconstitutional

As I blogged in the summer, Maine has become a hotbed of litigation concerning residency requirements for marijuana licenses. Many states (including Maine, for a time) limit the ability of non-residents to own and operate marijuana businesses. The litigation began when a Delaware firm (Wellness Connection) challenged a provision of Maine’s new recreational marijuana law...... KEEP READING

Posted on Wednesday, October 7th, 2020 in News, Updates | Tags: , , , , , , , , , , , , , 1 Comment »


Why the President Cannot Legalize Marijuana via Executive Action

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?...... KEEP READING

Posted on Wednesday, September 30th, 2020 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , Comments Off on Why the President Cannot Legalize Marijuana via Executive Action


How the Trump Administration is Using International Law to Block Cannabis Research in the United States

I’ve just posted a short paper that will soon appear in the American Journal of International Law Unbound (the journal’s online companion). The paper illuminates how the Trump Administration has used international law to block research on marijuana in the United States. The full paper, Using One Dying Regime to Save Another: The Influence of International Drug...... KEEP READING

Posted on Tuesday, September 22nd, 2020 in News, Updates | Tags: , , , , , , , , , Comments Off on How the Trump Administration is Using International Law to Block Cannabis Research in the United States


UPDATE: DEA (sort of ) Explains Why It’s Demanding Confidential State Licensing Records

As I blogged back in July 2020, the DEA has subpoenaed the California Bureau of Cannabis Control (BCC), demanding records the agency has gathered on a handful of state-licensed cannabis companies. See DEA Subpoena of California BCC Licensing Records is Probably Unconstitutional. The records include cannabis inventory reports submitted by the licensees. Not surprisingly, California considers...... KEEP READING

Posted on Saturday, August 8th, 2020 in News, Updates | Tags: , , , , , , , , , , , , Comments Off on UPDATE: DEA (sort of ) Explains Why It’s Demanding Confidential State Licensing Records


DEA subpoena of California BCC licensing records is probably unconstitutional

Back in January, the federal Drug Enforcement Administration (DEA) issued an administrative subpoena to the California Bureau of Cannabis Control (BCC), demanding the state agency turn over information regarding a handful of state-licensed cannabis companies. The information includes license applications and shipping manifests from the companies. At the time, the BCC refused to comply, claiming...... KEEP READING

Posted on Sunday, July 26th, 2020 in News, Updates | Tags: , , , , , , , , , , , , , , , , 1 Comment »


Locals Sue, Seeking to Force Maine to Re-instate Residency Requirement for Marijuana Licenses

As I blogged about earlier, the state of Maine recently abandoned a residency requirement for obtaining commercial adult use marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses and UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge. Residency had been expressly required by the state’s adult use marijuana law (the 2018 Marijuana Legalization Act),...... KEEP READING

Posted on Saturday, June 27th, 2020 in News, Updates | Tags: , , , , , , , , , , , , , Comments Off on Locals Sue, Seeking to Force Maine to Re-instate Residency Requirement for Marijuana Licenses


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...... KEEP READING

Posted on Monday, June 15th, 2020 in News, Updates | Tags: , , , , , , , , , , , , , , , Comments Off on New Paper on Murphy v. NCAA, Commandeering, and State Marijuana Reforms


New Study of Diversity and Opportunity in Denver’s Marijuana Industry

In June 2020, the Denver Department of Excise and Licenses released a new report on opportunity in the Denver area marijuana industry. The full Cannabis Business and Employment Opportunity Study is available here. Using a survey of participants in the local marijuana industry, the report seeks to identify the extent to which different factors –...... KEEP READING

Posted on Tuesday, June 9th, 2020 in News, Updates | Tags: , , , , , , , , , , , , Comments Off on New Study of Diversity and Opportunity in Denver’s Marijuana Industry


UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge

A few weeks ago I blogged about an interesting lawsuit challenging Maine’s residency requirement for commercial recreational marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses. Brought by a Delaware corporation, the suit claimed that the residency requirement violated the Dormant Commerce Clause doctrine. Although I suggested two reasons why Maine...... KEEP READING

Posted on Wednesday, May 13th, 2020 in News, Updates | Tags: , , , , , , , , , , , Comments Off on UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge


Could “No Action” Letters from the DOJ (and other Federal Agencies) Help State-Licensed Marijuana Suppliers Overcome Some Obstacles They Now Face?

Tom Firestone (Baker McKenzie) has an intriguing post over at the firm’s Global Cannabis Compliance Blog: DOJ No-Action Letters for the Marijuana Industry?  In it, he suggests that the DOJ and other key federal agencies (such as the SEC and FinCen) could issue “No Action” letters to state licensed marijuana suppliers and the third parties...... KEEP READING

Posted on Thursday, April 30th, 2020 in News, Updates | Tags: , , , , , , , , , 2 Comments »


Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses

A Delaware corporation (Wellness Connection) has sued Maine, challenging a provision of that state’s recreational marijuana law that bars out-of-state companies and non-resident investors from obtaining commercial marijuana licenses. The suit was filed on March 20, 2020, in the U.S. District Court for the District of Maine. The story has been reported in local papers...... KEEP READING

Posted on Thursday, April 2nd, 2020 in News, Updates | Tags: , , , , , , , , , , , , , , Comments Off on Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses


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