Marijuana Law in a Nutshell

Authors: Osbeck, Mark K. / Bromberg, Howard
Edition: 2nd
Copyright Date: 2022
  • Publication Date: March 3rd, 2022
  • ISBN: 9781647082598
  • Subject: Food and Drug Law
  • Series: Nutshells
  • Type: Overviews
  • Description: Marijuana Law in a Nutshell (2d ed. 2022) is a compact and thorough overview of marijuana law. It is organized by the basic divisions of marijuana law: by the dichotomy between federal and state law; and second, by the bifurcation between illegal and legal status of marijuana. As to federal law, the Nutshell details the Controlled Substances Act of 1970 (CSA), and the ramifications of marijuana’s placement on Schedule I—for law enforcement, hemp and CBD, scientific research, and international law. Also explored are constitutional challenges to the CSA, including whether state laws are preempted by the CSA. As to states, the Nutshell explains the various marijuana laws of the 50 states—whether traditional criminalization, decriminalizing, medical marijuana states, or recreational marijuana states.

    Where marijuana use is illegal, the Nutshell explains the criminal law of marijuana in such topics as sentencing, asset forfeitures, search and seizure, and pretextual stops. Where legal, the Nutshell has chapters covering marijuana activity and banking, employment, impaired driving, professional responsibility for lawyers, taxation, bankruptcy, and parental custody issues.

    In its comprehensive treatment of marijuana law, the Nutshell includes a history of marijuana law, and presents medical and public policy arguments for and against legalization. It also investigates marijuana’s place in American culture and social life, in world law, and how marijuana compares to other potentially harmful substances, both legal and illegal. Looking forward, the Nutshell assesses marijuana reform bills. Finally, the Appendix charts medical, recreational, and CBD legality by federal and state jurisdiction. All in all, a thorough summation of the key statutes, cases, policies, and law of marijuana.