Marijuana Law Policy And Authority

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.

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.

Significant changes have taken place in the policy landscape surrounding cannabis legalization, production, and use. During the past 20 years, 25 states and the District of Columbia have legalized cannabis and/or cannabidiol (a component of cannabis) for medical conditions or retail sales at the state level and 4 states have legalized both the medical and recreational use of cannabis. These landmark changes in policy have impacted cannabis use patterns and perceived levels of risk. However, despite this changing landscape, evidence regarding the short- and long-term health effects of cannabis use remains elusive. While a myriad of studies have examined cannabis use in all its various forms, often these research conclusions are not appropriately synthesized, translated for, or communicated to policy makers, health care providers, state health officials, or other stakeholders who have been charged with influencing and enacting policies, procedures, and laws related to cannabis use. Unlike other controlled substances such as alcohol or tobacco, no accepted standards for safe use or appropriate dose are available to help guide individuals as they make choices regarding the issues of if, when, where, and how to use cannabis safely and, in regard to therapeutic uses, effectively. Shifting public sentiment, conflicting and impeded scientific research, and legislative battles have fueled the debate about what, if any, harms or benefits can be attributed to the use of cannabis or its derivatives, and this lack of aggregated knowledge has broad public health implications. The Health Effects of Cannabis and Cannabinoids provides a comprehensive review of scientific evidence related to the health effects and potential therapeutic benefits of cannabis. This report provides a research agendaâ€"outlining gaps in current knowledge and opportunities for providing additional insight into these issuesâ€"that summarizes and prioritizes pressing research needs.

With full legalization seeming inevitable, it's time to shift the conversation--from whether recreational cannabis should be legalized to how. Weed Rules argues that it's time for states to abandon their "grudging tolerance" approach to legal weed and to embrace "careful exuberance." In this thorough and witty book, law professor Jay Wexler invites policy makers to responsibly embrace the enormous benefits of cannabis, including the joy and euphoria it brings to those who use it. The "grudging tolerance" approach has led to restrictions that are too strict in some cases--limiting how and where cannabis can be used, cultivated, marketed, and sold--and far too loose in others, allowing employers and police to discriminate against users. This book shows how focusing on joy and community can lead us to an equitable marijuana policy in which minority communities, most harmed by the war on drugs, play a leading role in the industry. Centering pleasure and fun as legitimate policy goals, Weed Rules puts forth specific policies to advocate for a more just, sensible, and joyous post-legalization society.

"This book will offer initial guidance to dedicated practitioners, both in-house and from outside law firms, who provide legal services to cannabis businesses or to businesses that are considering entering the cannabis industry"--

From the leading authority on marijuana—a man who has served as White House advisor on drugs to three different administrations and who NBC News once called “the prodigy of drug politics"—comes the remarkable and shocking exposé about how 21st century pot, today’s new and highly potent form of the drug, is on the rise, spreading rapidly across America by an industry intent on putting rising profits over public health. Smokescreen: What the Marijuana Industry Doesn't Want You to Know examines the inside story behind the headlines, containing accounts from Sabet’s time in the Obama administration to stunning revelations from whistleblowers speaking out for the first time. What it finds is how the marijuana industry is running rampant without proper oversight, leaving Americans’ health seriously at risk. Included are interviews with industry insiders who reveal the hidden dangers of a product they had once worshipped. Also contained in these pages are insights from a major underground-market dealer who admits that legalization is hastening the growth of the illicit drug trade. And more to the heart of the issue are the tragic stories of those who have suffered and died as a result of marijuana use, and in many cases, as a result of its mischaracterization. Readers will learn how power brokers worked behind the scenes to market marijuana as a miracle plant in order to help it gain widespread acceptance and to set the stage for the lucrative expansion of recreational pot. The author of this compelling first-person narrative leading the national fight against the legalization of cannabis through his nonprofit, Smart Approaches to Marijuana (aka SAM) is Kevin Sabet. As a policy advisor to everyone from county health commissioners to Pope Francis, and a frequent public speaker on television, radio and through other media outlets, his analysis is consistently relied upon by those who recognize what’s at stake as marijuana lobbyists downplay the risks of massive commercialization. A book several years in the making, filled with vivid characters and informed by hundreds of interviews and scores of confidential documents, Sabet's Smokescreen lays bare the unvarnished truth about marijuana in America.

Marijuana hit mainstream America over 30 years ago and has been accepted by a large segment of society ever since. Despite government efforts to isolate and eliminate its use, it is more popular now than ever. Why Marijuana Should Be Legal analyzes the effects of marijuana and marijuana laws on society. The book addresses the drug's industrial and medical applications, preserving our Constitutional rights, economic costs, health effects, and sociological aspects. New and updated information includes how state officials are acting against the legalization of marijuana and how U.S. marijuana laws are based on inaccurate and outdated information. In discussing such issues and many more, the book presents clear, documented evidence for all of its conclusions. Also included is an annotated list of organizations that lobby for change of marijuana laws. "Rosenthal and Kubby offer crisp, well-reasoned arguments for legalizing marijuana."—Mike Tribby, Booklist "[A]n important contribution to the current national dialog on moves toward the decriminalization of this controversial drug."—The Midwest Book Review

Marijuana Legalization: What Everyone Needs to Know provides readers with a non-partisan primer covering everything from the risks and benefits of using marijuana to what is happening with marijuana laws around the world. This book serves as the price of admission for any serious discussion about marijuana legalization.