The Evolving Federal Response to State Marijuana Reforms

25 Widener Law Review - Forthcoming 2019

26 Pages Posted: 1 Nov 2019

See all articles by Robert A. Mikos

Robert A. Mikos

Vanderbilt University - Law School

Date Written: October 30, 2019

Abstract

The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues to ban the substance outright. Nonetheless, the federal response to state reforms has been anything but static during this revolution. This Essay, based on my Distinguished Speaker Lecture at Delaware Law School, examines how the federal response to state marijuana reforms has evolved over time, from War, to Partial Truce, and, next (possibly) to Capitulation. It also illuminates the ways in which this shifting federal response has alternately constrained and liberated states as they seek to regulate marijuana as they deem fit.

Keywords: Marijuana, cannabis, marihuana, federal, federalism, preemption, tension, drug, conflict, truce, war, capitulation, STATES ACT, SAFE Banking Act

Suggested Citation

Mikos, Robert A., The Evolving Federal Response to State Marijuana Reforms (October 30, 2019). 25 Widener Law Review - Forthcoming 2019. Available at SSRN: https://ssrn.com/abstract=3478299

Robert A. Mikos (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-343-7184 (Phone)
615-322-6631 (Fax)

HOME PAGE: http://law.vanderbilt.edu/faculty/faculty-detail/index.aspx?faculty_id=227

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