Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Food and Drug Law
Preemption Under The Controlled Substances Act, Robert A. Mikos
Preemption Under The Controlled Substances Act, Robert A. Mikos
Vanderbilt Law School Faculty Publications
States are conducting increasingly bold experiments with their marijuana laws, but questions linger over their authority to deviate from the federal Controlled Substances Act. The CSA bans marijuana outright, and commentators have assumed that Congress sought to preempt all state laws that might somehow conflict with the CSA. Under the preemption rule now in vogue, state marijuana reforms are preempted if they either require someone to violate the CSA or, more controversially, if they pose an obstacle to Congress’s objective of eradicating marijuana. Seeking to avoid such conflicts, government officials have scuttled a number of important state marijuana reforms. This …
Reconciling American Marijuana Policy In A Federal System, Catherine Morton
Reconciling American Marijuana Policy In A Federal System, Catherine Morton
Global Tides
The recent successful ballot initiatives in Colorado and Washington to legalize recreational marijuana despite restrictive federal law continue to demonstrate the disconnect between national and state marijuana policy. In order to understand how many of these national policies were enacted, an investigation will be presented of the discriminatory history of marijuana legislation, indicating the inconsistent nature of past regulation. Thus following will be an examination of relevant Supreme Court cases depicting the Supreme Court’s ultimate hesitation to prevent the states from circumventing federal marijuana law. Finally, a discussion will be held on the ramifications of inconsistent state and national policies, …