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Is it unconstitutional for the federal government to ban marijuana? In 2005, it wasn’t according to the U.S. Supreme Court in Gonzales v. Raich. But with more states legalizing marijuana in the 2020 election, does that same analysis apply? Professor Douglas Berman from The Ohio State University Moritz College of Law breaks it down.

Sources:

• Professor Douglas Berman’s blog article ‘After big (red) marijuana reforms, is it time for a Raich 2.0 challenge to federal marijuana prohibition?’
• Professor Douglas Berman’s blog article Marijuana and other drug reforms have a big night across the nation
• 5th Amendment from the Legal Information institute at Cornell Law School
• 8th Amendment from the Legal Information institute at Cornell Law School
• 9th Amendment from the Legal Information institute at Cornell Law School
• 10th Amendment from the Legal Information institute at Cornell Law School