Marijuana Law 2020: Lessons from the Past, Ideas for the Future

A Virtual Boston University Law Review Conference

Thursday, November 12–Saturday, November 14, 2020

In the past ten years, a dozen U.S. jurisdictions and two nations have legalized marijuana for recreational use. Many more have legalized the drug for medical purposes. Most people agree that full federal legality in the United States is inevitable. At this point, how to regulate cannabis is at least as important as whether to regulate. Fortunately, the experiences of those jurisdictions that have legalized marijuana over the past decade provide current and future policymakers with important lessons about what works and what doesn’t when it comes to regulating cannabis. On November 3, U.S. citizens will head to the polls for what might be the nation’s most important election in decades. At this critical juncture—both for the country generally and for marijuana legalization more specifically—this year’s Boston University Law Review conference will bring together scholars in several fields as well as practitioners (doctors, regulators, attorneys, entrepreneurs, and more) to discuss what we can learn from past attempts to regulate marijuana and where we should go from here. The event will take place in a series of panels over the course of three days and will be conducted entirely online.

Program and Schedule

(As of October 30, 2020)

Thursday, November 12, 2020

Welcome Remarks and Panel #1: Marijuana, Public Health, and Equity (1:00–3:00 p.m.)

Welcome remarks by Dean Angela Onwuachi-Willig, Boston University Law Review Editor-in-Chief Kimberley Bishop, and Professor of Law Jay Wexler

  • Jon Caulkins, Professor, Carnegie Mellon Heinz College, “Public Health Implications of Legalization’s Effects on Cannabis Supply and Demand”
  • Dr. Peter Grinspoon, Instructor in Medicine, Harvard Medical School/Board Member, Doctors for Cannabis Regulation, “Cannabis and the Opiate Crisis”
  • Nicole Huberfeld, Professor of Health Law, Ethics & Human Rights and Professor of Law, Boston University, “Health Equity, Federalism, and Marijuana Law”
  • Dr. Rachel Knox, MD, MBA, Founder and President, Cannabis Health Equity MovementTM, “Decriminalization, Legalization, and Health Equity—Enacting Equity Through Drug Policy Reform”
  • Moderator: Jay Wexler, Professor of Law, Boston University

Panel #2: The Continuing Effects of Federal Illegality: Taxation, Banking and More (3:30–5:00 p.m.)

  • Julie A. Hill, Alton C. and Cecile Cunningham Craig Professor of Law, University of Alabama, “Banking Hemp”
  • Sam Kamin, Vicente Sederberg Professor of Marijuana Law and Policy, University of Denver
  • Benjamin Leff, Professor of Law, American University Washington College of Law, “Cannabis Taxation: Theory and Practice”
  • Lauren A. Newell, Associate Dean for Academic Affairs & Professor of Law, Ohio Northern University, Pettit College of Law, “Hitting the Trip-Wire: When Does a Business Become a “Marijuana Business?””
  • Moderator: David Webber, Associate Dean for Intellectual Life, Boston University School of Law

Friday, November 13, 2020

Panel #3: Legalization of Marijuana on a National Level (9:30–11:00 a.m.)

  • Alex Kreit, Assistant Professor, Northern Kentucky University Chase College of Law, “Federal Cannabis Reform and the Controlled Substances Act”
  • Robert Mikos, Professor of Law, Vanderbilt University, “Are We Headed Toward a National Cannabis Market?”
  • Rosario Queirolo, Associate Professor, Department of Social Sciences, Universidad Católica del Uruguay, “Advantages and Disadvantages of the Cannabis Regulation in Uruguay”
  • Moderator: Christopher Robertson, Professor of Law, Boston University

Panel #4: Historical Perspectives on Marijuana Prohibition (12:15–1:30 p.m.)

  • Emily Dufton, Author, Grass Roots: The Rise and Fall of Marijuana in America, “The Pot-Law Pendulum”
  • George Fisher, Judge John Crown Professor of Law, Stanford Law School, “The Earliest American Anticannabis Laws”
  • Moderator: Jay Wexler, Professor of Law, Boston University

Panel #5: Marijuana and Social Equity (2:30–4:00 p.m.)

  • Beau Kilmer, Director, RAND Drug Policy Research Center, “Being Thoughtful About Cannabis Legalization and Social Equity”
  • Nazlee Maghsoudi, Knowledge Translation Manager, Centre on Drug Policy Evaluation/ Doctoral Candidate, University of Toronto, “Representation in Canada’s Legal Cannabis Industry”
  • Shaleen Title, Commissioner, Cannabis Control Commission
  • Moderator: Sarah Sherman-Stokes, Clinical Associate Professor of Law, Boston University

Saturday, November 14, 2020

Panel #6: Lessons from (and for) Massachusetts (9:30–11:00 a.m.)

  • Kay Doyle, Director of U.S. Public Policy & Public Affairs, Greenwich Biosciences, Inc./ Massachusetts Cannabis Control Commissioner, 2017-2020, “Lessons Learned and Looking Forward”
  • Adam Fine, Partner, Vicente Sederberg LLP/Co-Author of Ballot Initiative Legalizing Marijuana for Adult Use in Massachusetts (Question 4), “Regulatory Roundtable”
  • Sean Kealy, Clinical Associate Professor of Law and Director, Legislative Policy & Drafting Clinic, Boston University School of Law, “Cannabis and the Massachusetts Legislature”
  • Hope Wiseman, Founder, Mary & Main
  • Moderator: Jay Wexler, Professor of Law, Boston University

Panel #7: Marijuana, Agriculture, and the Environment (12:00–1:45 p.m.)

  • Jessica Owley, Professor, University of Miami, “Pesticides and Marijuana”
  • Ryan Stoa, Visiting Professor of Law, Southern University Law Center, “Social Equity in Cannabis Agriculture”
  • Gina Warren, Professor, University of Houston Law Center, “Marijuana, Energy, and the Climate”
  • Moderator: Jay Wexler, Professor of Law, Boston University

Panel #8: Marijuana and Criminal Justice Reform (2:30–4:00 p.m.)

  • Douglas Berman, Newton D. Baker & Hostetler Chair in Law, The Ohio State University Moritz College of Law, “Unpacking Marijuana Prohibition’s Criminal Justice Impact and the Efficacy of Remedies”
  • Kate Silbaugh, Professor of Law, Boston University, “Medical Marijuana and the Age of Majority”
  • Julie E. Steiner, Professor of Law and Director of the Institute for Legislative and Governmental Affairs, Western New England University School of Law, “Cannabis Records Sealing and Expungement: Legality and Best Practices”
  • Tamar Todd, Legal Director, New Approach PAC and Lecturer, UC Berkeley and UC Davis, “Intersection of Policing, Criminal Justice Reform, and Marijuana Law Reform”
  • Moderator: Julie Dahlstrom, Clinical Associate Professor of Law, Boston University

 

Participants

  • Douglas Berman, Newton D. Baker & Hostetler Chair in Law, The Ohio State University Moritz College of Law
  • Jonathan Caulkins, Professor, Carnegie Mellon Heinz College
  • Julie Dahlstrom, Clinical Associate Professor of Law, Boston University
  • Kay Doyle, Director of U.S. Public Policy & Public Affairs, Greenwich Biosciences, Inc./ Massachusetts Cannabis Control Commissioner, 2017-2020
  • Emily Dufton, Author, Grass Roots: The Rise and Fall of Marijuana in America
  • Adam Fine, Partner, Vicente Sederberg LLP/Co-Author of Ballot Initiative Legalizing Marijuana for Adult Use in Massachusetts (Question 4)
  • George Fisher, Judge John Crown Professor of Law, Stanford Law School
  • Dr. Peter Grinspoon, Instructor in Medicine, Harvard Medical School/Board Member, Doctors for Cannabis Regulation
  • Julie A. Hill, Alton C. and Cecile Cunningham Craig Professor of Law, University of Alabama
  • Nicole Huberfeld, Professor of Health Law, Ethics & Human Rights and Professor of Law, Boston University
  • Sam Kamin, Vicente Sederberg Professor of Marijuana Law and Policy, University of Denver
  • Sean Kealy, Clinical Associate Professor of Law and Director, Legislative Policy & Drafting Clinic, Boston University School of Law
  • Beau Kilmer, Director, RAND Drug Policy Research Center
  • Dr. Rachel Knox, MD, MBA, Founder and President, Cannabis Health Equity MovementTM
  • Alex Kreit, Assistant Professor, Northern Kentucky University Chase College of Law
  • Benjamin Leff, Professor of Law, American University Washington College of Law
  • Robert Mikos, Professor of Law, Vanderbilt University
  • Lauren Newell, Associate Dean for Academic Affairs & Professor of Law, Ohio Northern University, Pettit College of Law
  • Jessica Owley, Professor, University of Miami
  • Rosario Queirolo, Associate Professor, Department of Social Sciences, Universidad Católica del Uruguay
  • Christopher Robertson, Professor of Law, Boston University
  • Sarah Sherman-Stokes, Clinical Associate Professor of Law, Boston University
  • Kate Silbaugh, Professor of Law, Boston University
  • Julie Steiner, Professor of Law and Director of the Institute for Legislative and Governmental Affairs, Western New England University School of Law
  • Ryan Stoa, Visiting Professor of Law, Southern University Law Center
  • Shaleen Title, Commissioner, Cannabis Control Commission
  • Tamar Todd, Legal Director, New Approach PAC and Lecturer, UC Berkeley and UC Davis
  • Gina Warren, Professor, University of Houston Law Center
  • David Webber, Associate Dean for Intellectual Life, Boston University School of Law
  • Jay Wexler, Professor of Law, Boston University
  • Hope Wiseman, Founder, Mary & Main

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