Sam Kamin

Publication Date

2015

Document Type

Paper

Keywords

Legalization of regulation, Marijuana law reform in states, Marijuana reform in Colorado

Abstract

Although marijuana possession remains a federal crime, twenty-three states now allow use of marijuana for medical purposes and four states have adopted tax-and-regulate policies permitting use and possession by those twenty-one and over. In this article, I examine recent developments regarding marijuana regulation. I show that the Obama administration, after initially sending mixed signals, has taken several steps indicating an increasingly accepting position toward marijuana law reform in states; however the current situation regarding the dual legal status of marijuana is at best an unstable equilibrium. I also focus on what might be deemed the last stand of marijuana-legalization opponents, in the form of lawsuits filed by several states, sheriffs, and private plaintiffs challenging marijuana reform in Colorado (and by extension elsewhere). This analysis offers insights for federalism scholars regarding the speed with which marijuana law reform has occurred, the positions taken by various state and federal actors, and possible collaborative federalism solutions to the current state-federal standoff.

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

Rights Holder

Sam Kamin

Provenance

Received from author

File Format

application/pdf

Language

English (eng)

Extent

25 pgs

File Size

199 KB

Publication Title

The Journal of Federalism

Volume

45

First Page

1

Last Page

25

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