Are Interstate Commerce Restrictions on Cannabis Unconstitutional? Part Two
Are Interstate Commerce Restrictions on Cannabis Unconstitutional? Part Two
An Interview with Vanderbilt Law Professor Robert Mikos
Vanderbilt Law Professor Robert Mikos believes that interstate commerce restrictions on cannabis are unconstitutional and violate the Dormant Commerce Clause. Last week, I wrote about his white paper.
Why should you listen to Professor Mikos? Well, his resume is quite impressive:
Professor Mikos earned his J.D. summa cum laude from the University of Michigan Law School, where he served as articles editor on the Michigan Law Review and won numerous awards, including the Henry M. Bates Memorial Scholarship. After graduation, he was a law clerk for Chief Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit. Professor Mikos has taught at the University of California at Davis, where he was twice nominated for the school’s Distinguished Teaching Award, as well as at Notre Dame and the University of Michigan. He teaches courses in Federalism, Constitutional Law, Marijuana Law and Policy, Federal Criminal Law, and Drug Law and Policy.
I am grateful for the insights he shared in this short 30 minute interview. After our discussion, I now believe that it is only a matter of time before cannabis restrictions on crossing state lines fall. Specifically, I learned that almost every major piece of legislation being considered that either de-schedules or allows state approved cannabis will accelerate the collapse of interstate restrictions.
Why is that? Because Congress controls not only interstate commerce but also intrastate commerce. When the states started intrastate commerce in cannabis, they actually did so without the authority of Congress. And Professor Mikos and others believe there is no real difference constitutionally between intrastate and interstate commerce.
If Professor Mikos is correct and I believe that he is, this has profound implications on what is currently a $100 billion industry.
I hope you enjoy this interview with Robert Mikos.
Here is the transcript if you prefer to read the interview: