Cannabis Law: A Question of Federalism for Our Time

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The consensus among all panelists was clear: cannabis legislation is a federalism question for our time. Dish Network, the court found that a state law that shields employees from being fired for engaging in “lawful activity” required employees to comply with both state and federal law. Chances are, if your state hasn’t legalized marijuana, the only agencies dealing with cannabis in an appreciable way is law enforcement, Hudak added. Mikos said. “But when a state legalizes cannabis, ‘lawful’ becomes tricky. Robert Mikos of Vanderbilt University, one of the nation’s leading experts on federalism and drug law — addressed these legal concerns on a recent webinar, Cannabis Law and Policy, conducted by the Attorney General Alliance and Thomson Reuters.

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Recreational Cannabis is legal in almost a dozen states and medical marijuana in 33 states with more on the way. Public opinion polls reflect a growing acceptance of legalization with two-thirds of Americans supporting marijuana legalization, according to the Pew Research Center. Despite all of this, marijuana remains illegal under U.S. federal law as a Schedule I drug.

And Congress is taking its time to catch up with the trends. Cannabis legislation remains in a sort of “legal limbo,” as characterized by District of Columbia Attorney...

Read the full article @ Cannabis Law Report