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Comparative Cannabis: Approaches to Marijuana Agriculture Regulation in the United States and Canada

McGeorge Law Review, Volume 49, Issue 2 (2017, Forthcoming).

28 Pages Posted: 7 Apr 2017  

Ryan Boudin Stoa

Concordia University School of Law; Florida International University College of Law

Date Written: March 3, 2017

Abstract

The United States and Canada may be friends and allies, but the two countries’ approaches to the regulation of marijuana agriculture has not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation has remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to “legalize, regulate, and restrict access” to marijuana.

Many jurisdictions attempting to regulate (or exploring the possibility of regulating) the marijuana industry struggle to address the first step in the supply chain – agriculture. This essay will compare and contrast the experiences of the United States and Canada in the regulation of marijuana agriculture. It is evident that there is more than one regulatory approach that can provide a safe and sustainable product to consumers while promoting equity among farmers. Nonetheless, the trials and tribulations of pioneering governments can illuminate the pitfalls, consequences, and drawbacks policymakers are likely to encounter in the future.

Keywords: Cannabis, Marijuana Agriculture, Canada, United States, Regulation

Suggested Citation

Stoa, Ryan Boudin, Comparative Cannabis: Approaches to Marijuana Agriculture Regulation in the United States and Canada (March 3, 2017). McGeorge Law Review, Volume 49, Issue 2 (2017, Forthcoming).. Available at SSRN: https://ssrn.com/abstract=2948671

Ryan Boudin Stoa (Contact Author)

Concordia University School of Law ( email )

501 W. Front St
Boise, ID 83702
United States

Florida International University College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

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