“You’ve Always Had the Power.” Marijuana, Federalism, and Separation of Powers

Authors

Sam Kamin, University of DenverFollow

Publication Date

1-16-2018

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Federalism, Marijuana, Cannabis, Jeff Sessions

Abstract

When Attorney General Jeff Sessions announced last week that he was rescinding the 2013 Cole Memorandum, marijuana policy was once again back on the national stage. The Cole Memo, issued by the Obama Justice Department, stated that those using, producing, or selling marijuana in compliance with robust state regulations would not be targeted by federal prosecutors. With the Cole Memo gone, there was renewed concern that state-level marijuana law reform could be undone by federal enforcement of the Controlled Substances Act (CSA).

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Recommended Citation

Sam Kamin, Opinion, “You’ve Always Had the Power.” Marijuana, Federalism, and Separation of Powers, Am. Const. Soc'y: Expert F. (Jan. 16, 2018), https://www.acslaw.org/expertforum/youve-always-had-the-power-marijuana-federalism-and-separation-of-powers/.