Marijuana Legalization

Marijuana is illegal under federal law, but has been legalized in some states. Policies adopted by the Justice Department will have major implications for federalism, healthcare, and criminal justice.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Attorney General Jeff Sessions asks Congress to repeal a 2014 law prohibiting the DOJ from prosecuting medical marijuana use in states that have legalized it.

Trump's Mistaken Signing Statement on Marijuana Enforcement

5/16/17  //  Commentary

Trump suggested in a recent signing statement that he could disregard an appropriations restriction on federal marijuana enforcement. But Trump is mistaken.

Zachary Price

U.C. Hastings College of the Law

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

President Trump has pushed back against the ban on state medical marijuana interference. However, he might retreat from the federal drug war through major budget cuts to key offices.

Versus Trump, Episode Three: “We’re All Hypocrites” + Zachary Price

5/4/17  //  Commentary

This week on Versus Trump, the Take Care podcast, we preview a major argument in the Muslim travel ban litigation, talk to Professor Zach Price about reliance interests with respect to selective enforcement of federal laws, and more.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Attorney General Jeff Sessions’s memorandum outlining task forces on various policies, including federal marijuana policy, has some state governors poised to fight back: governors of four Western states warned Attorney General Sessions and Treasury Secretary Mnuchin against interfering with state laws legalizing marijuana use

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Zachary Price argued at Take Care this week that individuals who relied on Obama-era immigration and marijuana non-enforcement policies should be protected against sudden enforcement by the Trump Administration.

When Due Process Reliance Defenses May Bar Enforcement

3/24/17  //  Commentary

In limited but vital ways, those who relied on Obama-era immigration and marijuana non-enforcement policies should be protected against sudden shifts in federal policy under President Trump.

Zachary Price

U.C. Hastings College of the Law

Reliance Defenses in the Trump Era and Beyond

3/23/17  //  Commentary

The transition to President Trump has massively shifted federal enforcement priorities. Does the Constitution protect people who relied on Obama's immigration, healthcare, or marijuana policies?

Zachary Price

U.C. Hastings College of the Law

Republican (and Democratic) Hypocrisy on Faithful Execution

3/17/17  //  Commentary

President Obama pushed the limits of enforcement discretion. Trump may be worse. Will anyone check him if he is?

Zachary Price

U.C. Hastings College of the Law

Embracing Federalism

3/16/17  //  Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law