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26 Widener L. Rev. 1 (2020)
The Evolving Federal Response to State Marijuana Reforms

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The Evolving  Federal Response to State Marijuana Reforms


                             RobertA. Mikos*

                                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.


   * Professor of Law, Vanderbilt University Law School. This Essay is based on my
Distinguished Speaker Keynote Lecture for the Cannabis in the Tri-State Area Symposium at
Delaware Law School in March of 2019. I thank Professor Luke Scheuer and the editors and
staff of the Widener Law Review for organizing and hosting the Symposium.


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