Tuesday, November 5, 2013
Especially because I tend to be pretty under-informed about to international/comparative drug laws, I am very excited that the student-selected topic for discussion this week in my Marijuana Law, Policy and Reform seminar is the global regime regarding marijuana and its impact on legalization efforts in the US. Here are the readings assembled by the students as background:
I. International Law
International Regulation of Drugs
- Controlled Substances casebook, pp. 801-804 (International Framework);
- pp. 813-820 (Impact of United State Policy on Mexico);
- pp. 836-845 (International Control of Illegal Drugs, "Preventing or Causing Human Rights Violations");
- pp. 916-921 (US using trade policy to enforce drug laws under the 1986 Narcotics Act)
UN and the power to stop legalization of Marijuana
II. Comparative Law
- Dutch cannabis coffeeshop system (Controlled Substances casebook, pp.922-930)
- Sweden's drug policy experience (Controlled Substances casebook pp. 946-955)
- North Korea's tolerance of marijuana
Further Comparative law reading:
3. North Korea's meth addiction: Grau, Cutting off the Building Blocks to Methamphetamine Production, 30 Hous. J. Int’l L. 157 (2007);
Tuesday, October 22, 2013
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
Sunday, October 13, 2013
Over the next two months, the students in my Marijuana Law, Policy and Reform seminar are "taking over" the class and classroom by selecting topics of special interest to them and assembling readings to provide the basis for our classroom discussions of these topics. I am excited to be able to post those readings in this space, and the first week is devoted to coverage of tax issues. Here is my students' recommended reading list with links to all the terrific reader-friendly resources they have assembled:Sources addressing Colorado and Washington's tax plans
"Colorado Amd 64 Taskforce Tax Recommendations," an attached PDF [available here Download Colorado Amd 64 Taskforce Tax Recommendations] excerpting 4 pages from the Governor's taskforce's report on regulation more generally. These recommendations shaped Proposition AA.
Information on Proposition AA, the Colorado tax law that voters will approve (or not) in November. Includes the text of the proposition and some analyses. Also, a link to H.B. 1318, which basically created Prop AA and submitted it for voter approval.
The Anti-Proposition AA movement. The proposed taxes are too high, they say.
Denver wants a 3.5% local tax on marijuana, with ability to increase up to 15% later.
"Cato Estimated Tax Revenue from Legalization," attached PDF [available here Download Cato Estimated Tax Revenue from Legalization] projecting revenues from 50% excise tax on marijuana, asserted to be comparable to existing alcohol and cigarette taxes.
- Rand Study on Legalization Effects, chapters 3 and 4 are relevant to our topic. Having trouble excerpting from the full PDF.
- Federal bill, H.R. 501, proposing 50% excise tax on marijuana
SAMSHA National Survey on Drug Use and Health, 2013: The relevant portion is Section 2: figures 2.1, 2.2, 2.9 and 2.10. Illicit Drug Use. Details marijuana use figures by frequency, amount, and age categories.