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Northern Illinois University Law Review


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.

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College of Law

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).

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