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One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Regulations, Brannon P. Denning Feb 2014

One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Regulations, Brannon P. Denning

Brannon P. Denning

Among the myriad legal issues confronting states like Colorado that are experimenting with the legalization of marijuana is the need to regulate “pot tourism” by persons from other states where marijuana is not legal. In Colorado, the final recommendations from the Amendment 64 Implementation Task Force included a proposal “to limit purchases by state residents to an ounce at a time and to a quarter of an ounce for out-of-state visitors.” The lower restrictions for nonresidents are designed to deter pot tourists from “smurfing”—visiting a number of different dispensaries to accumulate larger amounts of marijuana with a view to illegally …


One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Restrictions, Brannon P. Denning Aug 2013

One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Restrictions, Brannon P. Denning

Brannon P. Denning

Among the myriad legal issues confronting states like Colorado that are experimenting with the legalization of marijuana is the need to regulate “pot tourism” by persons from other states where marijuana is not legal. In Colorado, the final recommendations from the Amendment 64 Implementation Task Force included a proposal “to limit purchases by state residents to an ounce at a time and to a quarter of an ounce for out-of-state visitors.” The lower restrictions for nonresidents are designed to deter pot tourists from “smurfing”—visiting a number of different dispensaries to accumulate larger amounts of marijuana with a view to illegally …


Winters And Water Conservation: A Proposal To Halt “Water Laundering” In Tribal Negotiated Settlements In Favor Of Monetary Compensation, Jesse H. Alderman Mar 2011

Winters And Water Conservation: A Proposal To Halt “Water Laundering” In Tribal Negotiated Settlements In Favor Of Monetary Compensation, Jesse H. Alderman

Jesse H Alderman

In the century since the U.S. Supreme Court, in Winters v. United States, granted Indian tribes reserved water rights, few tribes have received the promised delivery of water, while at the same time, the Department of Interior—the same agency tasked with a fiduciary duty to hold all tribal assets in trust—constructed massive, multibillion-dollar water projects without cognizance of senior Indian rights. The water transformed much of the West, from arid desert to a green expanse of farmland and steel-and-mirrored urban centers with populations rivaling cities in the water-rich East. However, the rapacious pace of development has placed unsustainable strain on …