Article – The Jurist: Let It Grow: Why More Law Schools Should Teach Cannabis Law

Article – The Jurist: Let It Grow: Why More Law Schools Should Teach Cannabis Law

Douglas A. Berman and Jana Hrdinová write May 11, 2022  Edited by: Katherine Gemmingen | U. Pittsburgh School of Law, US Douglas A. Berman and Jana Hrdinová, Executive Director and Administrative Director, respectively, of the Drug Enforcement and Policy Center at The Ohio State University Moritz College of Law, discuss their Center’s recent report on cannabis law courses and curriculum at law schools throughout the US… California’s 1996 ballot initiative protecting medical marijuana users from state criminal prosecution kicked off the modern marijuana reform era in the United States. In part due to federal prohibition, state medical marijuana laws prompted an array of interesting and intricate legal questions. Some issues concerned the reach of federal law after state reforms. Could doctors be punished by federal authorities for recommending marijuana to patients consistent with state law? Could groups providing marijuana to patients raise a medical necessity defense if subject to federal prosecution? Other issues arose at the intersection of novel drug laws and other state laws. Could an employer lawfully fire an employee with a valid medical recommendation simply for testing positive for marijuana? Could police officers lawfully search a car based simply on the smell of marijuana? Lawyers and courts have been grappling with these and countless other legal questions across the nation as an ever-growing number of states have legalized marijuana for various uses. Many constitutional questions about potential conflicts between federal and state authority and individual rights have occupied federal courts all the way up the US Supreme Court. A wide array of state law issues have not just occupied state courts, but state administrative bodies and legal ethics panels as well, all seeking to sort out just when and how lawyers can advise or even play a role in the developing marijuana industry. A full quarter century after California’s…

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Source : Article – The Jurist: Let It Grow: Why More Law Schools Should Teach Cannabis Law

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