Legalization Without Disruption: Why Congress Should Let States Restrict Interstate Commerce in Marijuana
نویسندگان
چکیده
Over the past twenty-five years, states have developed elaborate regulatory systems to govern lawful marijuana markets. In designing these systems, assumed that Dormant Commerce Clause (“DCC”) does not apply; Congress, after all, has banned all commerce in marijuana. However, states’ reprieve from doctrine may soon come an end. Congress is on verge of legalizing federally, and once it does, will unleash DCC, with dire consequences for markets they now regulate. This Article serves as a wake-up call. It provides most extensive analysis date disruptions DCC could cause lawmakers industry. Among other things, spawn race bottom among compete newly mobile industry, undermine state efforts boost participation by minorities legal abruptly make obsolete investments firms made existing state-based But also devises novel solution problems. Taking page federal statutes designed preserve control over markets, shows how pursue legalization without disruption. Namely, suspend thereby give businesses time prepare emergence national market. The suspension temporary allay any concerns authorizing protectionism
منابع مشابه
The Legalization of Marijuana
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3909972