Good Law | Bad Law #104 - Is Anti-Cannabis Federal Law All Smoke? w/ Robert Mikos

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As more and more states move to legalize marijuana, Is federal law making pot illegal just so much smoke?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Robert Mikos to discuss marijuana law and policy. A Professor of law at Vanderbilt, Robert is a leading expert on federalism and drug law, specializing in marijuana law, and is the author of the first ever casebook on the subject, entitled Marijuana Law, Policy, and Authority.

In today’s episode, Aaron and Robert discuss a variety of topics relating to marijuana law, medical marijuana and the discrepancies that exist between State and Federal law on the subject. Considering there is still a federal ban on marijuana there are barriers that are imposed by the federal government that can make the issue of marijuana, both for medical and recreational use, difficult. Robert details the challenges that states (and D.C.) face as well as the legal maneuvers and loopholes that some states have resorted to and how successful they have been. Aaron and Robert also talk about the current administration, the D.O.J., the factors driving the increased acceptance of marijuana and marijuana polices, and the potential next states that may legalize marijuana for recreational use.

Robert first began teaching at the University of California Davis. Beginning his career as a federalism scholar, Robert was at UC Davis when Gonzalez v. Raich came before the Supreme Court. Robert explains that this is where his interest in the subject began as a portion of the Gonzalez case that was being considered was potentially going to be applied to the notion of medical marijuana. A graduate of the University of Michigan Law School, Robert has also taught at Notre Dame and the University of Michigan. He teaches courses in Federal Criminal Law, Drug Law and Policy, Marijuana Law and Policy, Constitutional Law, and Federalism.

Host: Aaron Freiwald

Guest: Robert Mikos