The U.S. Constitution, the U.S. Department of Justice, and State Efforts to Legalize Marijuana

Zachary C. Bolitho, Campbell University School of Law


This Article explains why the Department of Justice’s marijuana policy over the past eight years violates the Constitution. Part II tells the story of how we ended up where we are today. It discusses the history of federal marijuana regulation, including the CSA’s treatment of marijuana as a Schedule I drug. Part III provides an overview of recent state marijuana legalization measures. It also discusses the federal government’s response to those measures. Part IV discusses the Supremacy Clause, and Part V discusses the Take Care Clause. Part VI consists of a brief conclusion.