1. 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

2. 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

3. 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.

4. 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

5. 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