Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, October 22, 2013

How can, will, should the Fourth Amendment accomodate a new world order legalized marijuana?

The question in the title of this post is the question that one of the students in my Marijuana Law, Policy and Reform seminar is making the focus of our class discussion this week. Here is an outline of issues and resources that he prepared in conjunction with the question:

I. What is Probable Cause?  (Skim Illinois v. Gates, 462 U.S. 213 (1983))

    A. Consider Ohio's current approach to P.C./marijuana (Read State v. Moore, 90 Ohio St.3d 47, 2000-Ohio-10 (2000))

    B.  What is a "crime" for Fourth Amendment purposes  (Read Controlled Substances casebook pp. 193-209 (trafficking, etc))

Note: Give thought to issues surrounding drugged driving in this context

    C.  Special topic: drug dogs. When is a "sniff up to snuff?" (Read Florida v Harris, 133 S.Ct. 1050 (2013))

II. State (potential?) remedies

    A.  State Statutes (Consider Atwater v. Lago Vista, 532 U.S. 318 (2001))

    B. State Constitutional Analogues

            -exclusionary rule?

            -fed actors?

Assembled readings on specific topics, Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate | Permalink


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