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Marijuana Federalism
Uncle Sam and Mary Jane
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Publisher:
2020
Summary
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 areassuch as banking regulationsin 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.
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Bibliographic data
Copyright year
2020
ISBN-Print
978-0-8157-3789-6
ISBN-Online
978-0-8157-3790-2
Publisher
Rowman & Littlefield, Lanham
Language
English
Pages
backcover1
Product type
Edited Book
Table of contents
ChapterPages
Table of Contents No access
Acknowledgments No access
Introduction: Our Federalism on Drugs No access Pages 1 - 14
Public Opinion and America's Experimentation with Cannabis Reform No access Pages 15 - 34
The Effect of State Marijuana Legalizations: An Update No access Pages 35 - 84
The Smoke Next Time: Nullification, Commandeering, and the Future of Marijuana Regulation No access Pages 85 - 102
Murphy's Mistake, and How to Fix It No access Pages 103 - 122
Federal Nonenforcement: A Dubious Precedent No access Pages 123 - 138
Banks and the Marijuana Industry No access Pages 139 - 154
Legal Advice for Marijuana Business Entities No access Pages 155 - 170
The Contingent Federal Power to Regulate Marijuana No access Pages 171 - 184
