University of Illinois Law Review Online
marijuana, federalism, prohibition, home rule
Food and Drug Law | Law
While it is clear that the new attorney general opposes state marijuana reforms, it is less clear what he will or even could do to block those reforms or to curb the industry that has flourished under them. The popularity of reforms, limits on federal resources, and legal doctrines like the anticommandeering rule all limit the DOJ’s ability to shut down the state-licensed marijuana industry. While Jeff Sessions may never embrace reforms, he may choose to pursue other tactics, like anti-marijuana media campaigns, to curb the use of marijuana and the harms caused thereby. Only time will tell, of course, but if history is any guide, the state marijuana industry will survive the Trump administration intact.
Robert A. Mikos,
Risky Business? The Trump Administration and the State-Licensed Marijuana Industry University of Illinois Law Review Online.
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/938