The Current (and Future?) Stalemate over Marijuana Law Sam Kamin Vicente Sederberg Professor of Marijuana Law and Policy University of Denver Association of American Law Schools Annual Meeting, 2017

State Law Reform and Federal Response CSA (1970) Prohibits marijuana everywhere for every purpose State Law Reform (1996-present) 28 States plus DC have legalized medical marijuana 8 States plus DC have legalized marijuana for adult use Federal Response – Cole Memorandum, August 2013 States generally lead in drug law enforcement Deference to state policy if 8 federal criteria are met Other Memos – FinCEN, Indian Country Private statements of Obama, Holder

Forbearance Written Into Law Congress enacts Rohrabacher-Farr Amendment (§542) None of the funds made available in this Act to the Department of Justice may be used, with respect to [34 states], to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. United States v. McIntosh (9th Cir., August 16, 2016) (O’Scannlain, Silverman, Bea) “We … conclude that, at a minimum, § 542 prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws.” December 9, 2016 – §542 extended through April, 2017.

A Truce, not a Peace: Collateral Consequences of Illegality Businesses Banking Taxation Contract Bankruptcy Individuals Employment Parental rights Probation/Parole Access to Law and Lawyers

Options Going Forward CSA Enforced Little Change CSA Amended Criminal Prosecutions Cease and Desist Orders Preemption Lawsuits Spending Power Little Change Tinkering at the Margins CSA Amended Marijuana Rescheduled Marijuana Descheduled