Robert A. Mikos

Document Type


Publication Title

University of Illinois Law Review Online

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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.



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