Partial abandonment of hope on DCC and marijuana

Yesterday, I posted a hope that the Dormant Commerce Doctrine does not apply to federally illegal cannabis.

My friend Rob Mikos, a law professor at Vanderbilt and probably the leading expert on marijuana federalism, graciously responded to an email copying that post, writing, “I agree with the policy argument, but not the legal one.”

He points out that the Dormant Commerce Doctrine is old and settled law, operating in the face of the 10thAmendment for centuries.  He’s the expert, so I’ll back off from any hope that as a practical matter the 10th Amendment will come to the rescue of state freedom here.

He says, “There’s a recognized solution to the policy problems the DCC is going to cause for cannabis – it’s to have Congress pass legislation suspending the Dormant Commerce Clause,” and links to this piece with Scott Bloomberg: https://digitalcommons.pepperdineedu/plr/vol49/iss4/2/.

I’m afraid Congress is too dysfunctional to get this right, so I’m wishfully hoping the courts can find a way. 


One thought on “Partial abandonment of hope on DCC and marijuana”

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: