Marijuana Federalism

Marijuana Federalism
Author: Jonathan H. Adler
Publisher: Brookings Institution Press
Total Pages: 163
Release: 2020-03-17
Genre: Political Science
ISBN: 0815737904

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.

Marijuana Federalism

Marijuana Federalism
Author: Jonathan H. Adler
Publisher:
Total Pages: 250
Release: 2020
Genre: Political Science
ISBN: 9780815737896

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.

Marijuana Law, Policy, and Authority

Marijuana Law, Policy, and Authority
Author: Robert A. Mikos
Publisher: Aspen Publishing
Total Pages: 1067
Release: 2017-05-18
Genre: Law
ISBN: 1454887958

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.

Marijuana Politics

Marijuana Politics
Author: Robert M. Hardaway
Publisher: Bloomsbury Publishing USA
Total Pages: 275
Release: 2018-01-18
Genre: Political Science
ISBN:

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.

High Time

High Time
Author: Andrew Potter
Publisher: McGill-Queen's Press - MQUP
Total Pages: 241
Release: 2019-03-04
Genre: Political Science
ISBN: 0773557245

Canada has become the first G7 country to legalize cannabis, and the world is watching. The primary concern facing the Liberal government as it seeks to fulfill its 2015 campaign promise to “legalize, regulate, and restrict access to marijuana” is whether it can be done without making the situation worse. As the Liberal platform pointed out, the current regime lets illegal cannabis fall into the hands of minors, pours large profits into organized crime, and traps many people in the criminal justice system for what is arguably a victimless crime. While the legalization of marijuana in Canada begins with a straightforward change of the criminal code, its ramifications go far beyond this. Legalization will have a serious impact on the country's international treaty commitments, interprovincial relations, taxation and regulatory regimes, and social and health policies. The essays in this book address these outcomes from three main perspectives: the decades-long political path to legalization; the assumptions that underwrite the new policy, in particular the desire to stamp out the black market; and how legalization in Canada looks in an international context. Bringing together analysis by policy makers and scholars, including the architect of marijuana legislation in Portugal – a trailblazing jurisdiction – High Time provides an urgent and necessary overview of Canada's Cannabis Act.

Federalism and the Making of America

Federalism and the Making of America
Author: David Brian Robertson
Publisher: Routledge
Total Pages: 351
Release: 2013-03-01
Genre: History
ISBN: 1136974296

Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.

Marijuana Legalization

Marijuana Legalization
Author: Jonathan Paul Caulkins
Publisher: Oxford University Press
Total Pages: 305
Release: 2016
Genre: Law
ISBN: 0190262400

Marijuana Legalization: What Everyone Needs to Know(R) 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.

Controversies in American Federalism and Public Policy

Controversies in American Federalism and Public Policy
Author: Christopher P. Banks
Publisher: Routledge
Total Pages: 371
Release: 2018-03-13
Genre: Law
ISBN: 1351713388

This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

Responsive States

Responsive States
Author: Andrew Karch
Publisher: Cambridge University Press
Total Pages: 255
Release: 2019-11-28
Genre: Education
ISBN: 1108485170

Explains how policy design and timing cause American state governments to greet national laws with enthusiasm, indifference, or hostility.