What do we call the drug?
Here’s the first jurisdiction to tax our subject:
British Indian colonizers used “hemp drugs” generally, ganja and bhang and more for different products, cannabis rarely, and only for the plant (marijuana not at all):
https://digital.nls.uk/indiapapers/browse/archive/74574106
Continue reading “Marijuana or Cannabis”Here’s a list of cannabis supply architecture models that say what private sellers can get licenses. Maybe others have been used. (Jurisdictions listed are just examples, not exhaustive.)
All comers (Oklahoma with $2,500 fee)
All comers with significant fees (Illinois, https://www.mpp.org/issues/legalization/breakdown-application-licensing-renewal-fees-adult-use-states/)
All comers at the state level with local license needed (Colorado, California)
First-come first-served (Los Angeles for retail; no state starts with this, but moratoria in Oklahoma and Oregon transmute “All comers” into FCFS when licensing stops)
Grandfather existing medical marijuana sellers (lots of states)
Lottery for all applicants who meet certain criteria (Washington, https://www.pbs.org/newshour/health/medical-marijuana-licensing-states)
Lottery for all comers (“Arizona doesn’t analyze business proposals the way other states do. https://www.pbs.org/newshour/health/medical-marijuana-licensing-states)
Lottery for social equity applicants with post-drawing verification of status (Illinois, https://www.illinois.gov/news/press-release.26715.html; Connecticut, https://portal.ct.gov/cannabis/knowledge-base/articles/how-does-the-lottery-work?language=en_US)
Lottery for social equity applicants with pre-drawing verification of status (Maryland, I think, https://www.cannabisindustrylawyer.com/maryland-social-equity-cannabis-lottery-licenses/)
On the merits – competitive licensing (Georgia, Florida)
On the merits — social equity licensing (New York)
Auctions (British India)
Kick the can down the road: Have a commission issue licenses with few or no criteria (Virginia-passed-once Senate Bill 1406 of 2021); or elect or appoint a single individual as cannabis czar to issue licenses (no jurisdiction I know of has tried a single person)
They also oppose having some state body in charge of somehow choosing a handful of medical marijuana sellers that will cartelize the market.
https://reason.org/commentary/north-carolina-house-medical-marijuana-bill/
University of Virginia Law School Professor Kim Krawiec, who had me talk to her class at when she taught at Duke, asked me to help her teach a class on cannabis legalization this fall. I was delighted to sign up to in person in Charlottesville for four Fridays.
https://www.law.virginia.edu/courses/cannabis-legalization-sc-123820664
Cannabis Legalization (SC)
LAW7724
Section 1, Fall 23
Oglesby, Pat
SCHEDULE INFORMATION
Enrollment: 16/16
Credits: 1
| Days | Date | Time | Room |
| Fri | 09/08/2023 | 0900-1200 | WB127 |
| Fri | 09/29/2023 | 0900-1200 | WB127 |
| Fri | 10/20/2023 | 0900-1200 | WB127 |
| Fri | 11/10/2023 | 0900-1200 | WB127 |
COURSE DESCRIPTION
This short course will examine various cannabis legalization regimes, both domestically and internationally, with a focus on the market and financial aspects of legalization. Specifically, we will consider license allocation methods, taxation, racial equity, reparative justice for casualties of the war on drugs, and the continuing existence of illegal transactions after commercial legalization.
COURSE REQUIREMENTS
Continue reading “Cannabis Legalization at UVA Law School”
The Center for New Revenue 