Thursday, January 15, 2015
The question in the title of this post is the question I am asking myself as I gear up for second year of teaching my Marijuana Law, Policy & Reform Seminar. As the National Law Journal highlighted in this lengthy article, headlined "Law Schools Firing Up Marijuana Law Classes," a law school course devoted specifically to marijuana laws and policies was novel back in Fall 2013 when I first taught my seminar, but not it is becoming all the rage. Specifically, I am aware of marijuana-focused courses this Spring being offered at:
University of Denver College of Law, titled "Representing the Marijuana Client"
Hofstra University School of Law, titled "Business and Law of Marijuana"
Santa Clara University College of Law, titled "Drug Policy Practicum"
Vanderbilt Law School, titled "Marijuana Law & Policy"
Conversations with some of the professors teaching these courses, and even the diverse course titles themselves, strongly suggest that various (and perhaps very distinct) themes and materials will be at the center of these various courses. But I am wondering now whether all the different students in all these different courses will (or should) get exposed to certain essential marijuana law materials.
To this end, I know that Vanderbilt's Rob Mikos is working on a casebook tentatively titled Marijuana Law and Policy, and I surmise his (somewhat traditional?) law school course is focused a good bit on the substance of federal and state marijuana laws and the (ever-evolving) doctrinal implications of these laws. In contrast, I have found myself inclined to focused my seminar on the social and political history of intoxicant prohibitions in the United States and the (ever-evolving) prospects for and potential consequences of continued marijuana law reforms. Consequently, I am not going to expect my students to delve too deeply into the doctrinal intricacies of particular state and federal laws.
Ironically, one reason I have been encouraging more and more folks to consider developing new courses around marijuana law, policy and reform is because I see so many distinct and distinctly valuable ways to present recent legal developments to students and to encourage them to think critically about the modern marijuana reform movement. And yet, as the title of this post indicates, I am finding myself growing ever more concerned that law professors working in this space should perhaps be working toward identifying a core cannabis canon.