Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
From prohibition to legalization, Marijuana has had a storied legal history in the United States, but its story is not quite over. A new gray area is coming to the forefront of the legal field: Marijuana is illegal federally but legal in many states. This Note discusses how some states, including Illinois, are operating in that gray area to better their political and economic goals, but the Constitution places a barrier to do so with the Dormant Commerce Clause. States are not free to discriminate against other states or out-of-state economic actors, and Illinois does just that with the Cannabis Regulation and Tax Act and other provisions of the Illinois Administrative Code. Ultimately, these laws should be struck down for violating the Constitution, and the Illinois General Assembly should create a new, much-less regulated system for marijuana licensing to better afford social justice and equity.
First Page
53
Last Page
82
Publication Date
11-1-2023
Department
College of Law
Recommended Citation
Moehn, Alec C.
(2023)
"Illinois’s Marijuana Madness: A Protectionist Scheme of an Illegal Market in the Shadow of the Constitution,"
Northern Illinois University Law Review: Vol. 44:
Iss.
1, Article 4.
Suggested Citation
Alec C. Moehn, Note, Illinois’s Marijuana Madness: A Protectionist Scheme of an Illegal Market in the Shadow of the Constitution, 44 N. Ill. Univ. L. Rev. 53 (2023).
