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Marijuana Federalism

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Marijuana Federalism

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Author : Jonathan H. Adler
language : en
Publisher: Brookings Institution Press
Release Date : 2020-03-17

Marijuana Federalism written by Jonathan H. Adler and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with Political Science categories.

On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal “controlled substance” under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas—such as banking regulations—in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.

Medical Marijuana

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Author : Todd Garvey
language : en
Publisher: Createspace Independent Pub
Release Date : 2012-11-18

Medical Marijuana written by Todd Garvey and has been published by Createspace Independent Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-18 with Law categories.

As part of a larger scheme to regulate drugs and other controlled substances, federal law prohibits the cultivation, distribution, and possession of marijuana. No exception is made for marijuana used in the course of a recommended medical treatment. Indeed, by categorizing marijuana as a Schedule I drug under the Controlled Substances Act (CSA), the federal government has concluded that marijuana has “no currently accepted medical use in treatment in the United States.” Yet 18 states and the District of Columbia have decriminalized medical marijuana by enacting exceptions to their state drug laws that permit individuals to grow, possess, or use marijuana for medicinal purposes. In contrast to the complete federal prohibition, these 19 jurisdictions see medicinal value in marijuana and permit the drug's use under certain circumstances. Although the U.S. Supreme Court has established Congress's constitutional authority to enact the existing federal prohibition on marijuana, principles of federalism prevent the federal government from mandating that the states actively support or participate in enforcing the federal law. While state resources may be helpful in combating the illegal use of marijuana, Congress's ability to compel the states to enact similar criminal prohibitions, to repeal medical marijuana exemptions, or to direct state police officers to enforce the federal law remains limited by the Tenth Amendment. Even if the federal government is prohibited from mandating that the states adopt laws supportive of federal policy, the constitutional doctrine of preemption generally prevents states from enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void. Courts, however, have not viewed the relationship between state and federal marijuana laws in such a manner, nor did Congress intend that the CSA displace all state laws associated with controlled substances. Instead, the relationship between the federal ban on marijuana and state medical marijuana exemptions must be considered in the context of two distinct sovereigns, each enacting separate and independent criminal regimes with separate and independent enforcement mechanisms, in which certain conduct may be prohibited under one sovereign and not the other. Although state and federal marijuana laws may be “logically inconsistent,” a decision not to criminalize—or even to expressly decriminalize—conduct for purposes of the law within one sphere does nothing to alter the legality of that same conduct in the other sphere. This report will review the federal government's constitutional authority to enact the federal criminal prohibition on marijuana; highlight certain principles of federalism that prevent the federal government from mandating that states participate in enforcing the federal prohibition; consider unresolved questions relating to the extent to which state authorization and regulation of medical marijuana are preempted by federal law; and assess what obligations, if any, the U.S. Department of Justice (DOJ) has to investigate and prosecute violations of the federal prohibition on marijuana.

Marijuana Politics

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Author : Robert M. Hardaway
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2018-01-18

Marijuana Politics written by Robert M. Hardaway and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-18 with Political Science categories.

What is the big deal about cannabis? This book covers everything from botany to the historical uses and common misconceptions of cannabis, with a focus on the political process of prohibition and legalization of cannabis in the United States. Why is marijuana-to which few if any deaths can be attributed-generally banned in the United States, while cigarettes and liquor-which unquestionably kill millions-are currently legal? This question can best be explained through an investigation of the historical context of cannabis in our country. This book documents the long history of marijuana use, the turbulent path of the prohibition of cannabis use, the issues regarding present-day legalization, and the modern implications of both medical and recreational cannabis. It provides compelling insight from multiple academic disciplines, including sociology, political science, economics, medicine, and health, and in particular from the history of the American experience with the criminalization of liquor, gambling, prostitution, and cigarettes. Marijuana Politics: Uncovering the Troublesome History and Social Costs of Criminalization examines the current trend toward the legalization of marijuana in the context of the American experience with particular emphasis on political, social, and constitutional developments in the United States beginning in the 20th century. It compares the trend toward marijuana legalization to Prohibition and U.S. laws regarding the consumption of alcohol and analyzes legal developments in comparable areas such as the regulation of other vices and hard drugs like cocaine and heroin. This book is accessible to both casual readers and academic students and provides a robust understanding of the both historical and modern aspects of the drug itself and legalization, regardless of the reader's individual beliefs on the use of cannabis.

Prohibition The Constitution And States Rights

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Author : Sean Beienburg
language : en
Publisher: University of Chicago Press
Release Date : 2019-06-20

Prohibition The Constitution And States Rights written by Sean Beienburg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-20 with History categories.

Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Medical Marijuana Question And Dea Opposition

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Author : Charles Gable
language : en
Publisher: Nova Science Publishers
Release Date : 2013-03

Medical Marijuana Question And Dea Opposition written by Charles Gable and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Marijuana categories.

Green Rush

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Author : Daniel J. Mallinson
language : en
Publisher: NYU Press
Release Date : 2024-07-16

Green Rush written by Daniel J. Mallinson and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-16 with Gardening categories.

"To understand the expansion of marijuana access and policies in the United States, you must start with the role of the states"--

Federalism

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Author : Mark J. Rozell
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-11-15

Federalism written by Mark J. Rozell and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Political Science categories.

Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.

Marijuana Law Policy And Authority

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Author : Robert A. Mikos
language : en
Publisher: Aspen Publishing
Release Date : 2017-05-18

Marijuana Law Policy And Authority written by Robert A. Mikos and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.

Marijuana Law, Policy, and Authority is a first-of-its-kind law school casebook in a rapidly-emerging and exciting new field. The accessible, comprehensive, and engaging material guides students through the competing approaches to regulating marijuana, the purposes and effects of those approaches, and the legal authorities for choosing among them. The helpful organization intersperses these issues of substantive law, policy, and authority throughout the discussion of users, suppliers, and third parties. Substantive law materials cover either prohibitions or regulations targeting users, suppliers, or third parties. Policy materials cover the goals of marijuana law and policy as well as the research on the impact of different marijuana policies. Authority materials address the different levels of government—federal, state, and local. Notes, questions, and numerous problems in each chapter provide additional thought-provoking material and help to reinforce student learning. Current, news-headlining cases keep the discussion interesting and lively. Key Features: Internationally renowned author Robert Mikos is the premier authority on marijuana law. He draws upon nearly a decade of professional experience teaching, lecturing, consulting, and writing about marijuana law and policy. Three distinct but inter-woven topics are covered: the substantive law governing marijuana; the policy rationales behind and outcomes produced by different approaches to regulating the drug; and the legal authority to regulate the drug. Students are guided through the multi-faceted legal and policy issues now confronting lawyers, lawmakers, judges, and policy analysts working in this emerging field. Written in a style that is familiar to law students, but also accessible to a much broader audience, including graduate and upper level undergraduate students in courses in policy studies, political science, and criminology. Cutting-edge issues are included that are intellectually engaging for students and professors alike—e.g., how are conflicts between state/ federal law resolved? What are the roles of courts and executive officers in terms of policy? Dives deeply into classic legal issues: contract enforceability and powers of court, Congress, and the state. Notes and Questions following cases offer stimulating fodder for discussion.

Mary Jane Versus Pennsylvania The Day The Supreme Court Heard The Arguments For And Against The Legalization Of Marijuana

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Author : Ralph Adam Fine
language : en
Publisher:
Release Date : 1970

Mary Jane Versus Pennsylvania The Day The Supreme Court Heard The Arguments For And Against The Legalization Of Marijuana written by Ralph Adam Fine and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Law categories.

Drug Legalization In Federalist Constitutional Democracies

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Author : Daniel (Ryerson University Alati, Canada)
language : en
Publisher: Routledge
Release Date : 2022-09-19

Drug Legalization In Federalist Constitutional Democracies written by Daniel (Ryerson University Alati, Canada) and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-19 with categories.

This book uses the Canadian Cannabis legalization experiment, analyzed in the historical context of wider drug criminalization in Canada, and placed in international perspective, to examine important lessons about the differential implementation of federal law in jurisdictions within federalist constitutional democracies. Utilizing a socio-legal, interdisciplinary methodology, the work provides a comprehensive history of federal drug policy and engages in a critical appraisal of its provincial implementation. It also presents a significant international and comparative component, bringing in analyses of the status of drug legalization in other federalist constitutional democracies. Readers of the book will thus gain a comprehensive knowledge of drug legalization in federalist constitutional democracies. They will also better understand the political and cultural factors that impact upon differential implementation of federal law in individual jurisdictions including, but not limited to, legacies of racism and stigmatization of drug use. Using the experience of Canada and other countries, future challenges and lessons to be learned for states considering federal drug legalization are analysed and explained. The book will be a valuable resource for students, academics and policy-makers in the areas of Criminal Law, Constitutional Law, Criminology, Socio-Legal Studies, Indigenous Studies, and Drug and Health Policy Studies.

Marijuana Federalism

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