Marijuana: Emerging Legal Issues and Federal Tax Proposals

Victor P. Tyson (Editor)

Series: Drug Transit and Distribution, Interception and Control
BISAC: POL029000



Volume 10

Issue 1

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Special issue: Resilience in breaking the cycle of children’s environmental health disparities
Edited by I Leslie Rubin, Robert J Geller, Abby Mutic, Benjamin A Gitterman, Nathan Mutic, Wayne Garfinkel, Claire D Coles, Kurt Martinuzzi, and Joav Merrick


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The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, or distribution of marijuana except for authorized research. Twenty states have regulatory schemes that allow possession, cultivation, or distribution of marijuana for medicinal purposes. Two have revenue regimes that allow possession, cultivation, or sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law.

Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require preemption of state medical marijuana laws. The legal consequences of a CSA violation, however, remain in place. Nevertheless, current federal criminal enforcement guidelines counsel confining investigations and prosecutions to the most egregious affront to federal interests. This book analyzes some legal issues related to marijuana and provides some proposals to resolve the issues. It also discusses federal tax proposals for marijuana. (Imprint: Nova)


Chapter 1 - Marijuana: Medical and Retail— Selected Legal Issues (pp. 1-56)
Todd Garvey and Charles Doyle

Chapter 2 - Federal Proposals to Tax Marijuana: An Economic Analysis (pp. 57-102)
Jane G. Gravelle and Sean Lowry


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