Convergence and Divergence of Alcohol and Marijuana Regulation in a Federalist System Post-COVID-19

74 Pages Posted: 4 Sep 2024

See all articles by H. Justin Pace

H. Justin Pace

Western Carolina University - College of Business

Eden Punch

Florida State University - College of Law

Date Written: September 02, 2024

Abstract

After the passage of the Twenty-first Amendment, the regulation of alcohol in the U.S. largely takes place at the state level. While marijuana has been illegal at the federal level since 1937, states have been liberalizing marijuana laws at the state level since 1996 (when California legalized medical marijuana) by legalizing marijuana for medical or adult use. Alcohol regulation, which was effectively reset in all states when alcohol was legalized at the federal level, is marked by divergence—significant variation in alcohol laws across states. Conversely, marijuana regulation, which has slowly spread across the U.S. state-by-state over the last 28 years, is marked by convergence—new marijuana reforms increasingly resemble other reforms.

One of us has previously published scholarship arguing that the difference can be explained by a combination of interest group politics, path dependence, and, most importantly, a temporal effect. Alcohol and marijuana regulation in the U.S. experienced an exogenous shock with the COVID-19 pandemic, which resulted in significant changes to alcohol and marijuana regulation across the nation. This paper examines convergence and divergence in alcohol and marijuana regulation from 2020 to the present day, revisiting and reaffirming that previous theory and also applying a federalism lens to explain alcohol and marijuana regulation and predict future developments.

Keywords: Alcohol, Marijuana, Cannabis, Constitutional Law, Federalism

JEL Classification: K12

Suggested Citation

Pace, H. Justin and Punch, Eden, Convergence and Divergence of Alcohol and Marijuana Regulation in a Federalist System Post-COVID-19 (September 02, 2024). FSU College of Law, Public Law Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4943853 or http://dx.doi.org/10.2139/ssrn.4943853

H. Justin Pace (Contact Author)

Western Carolina University - College of Business ( email )

United States

Eden Punch

Florida State University - College of Law ( email )

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