Marijuana Federalism

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Marijuana Federalism

Author : Jonathan H. Adler
Publisher : Brookings Institution Press
ISBN 13 : 0815737904
Total Pages : 157 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Marijuana Federalism by : Jonathan H. Adler

Download or read book Marijuana Federalism written by Jonathan H. Adler and published by Brookings Institution Press. This book was released on 2020-03-17 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal “controlled substance” under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas—such as banking regulations—in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.

Marijuana Federalism

Author : Jonathan H. Adler
Publisher : Brookings Institution Press
ISBN 13 : 0815737904
Total Pages : 157 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Marijuana Federalism by : Jonathan H. Adler

Medical Marijuana

Author : Todd Garvey
Publisher : Createspace Independent Pub
ISBN 13 : 9781481041782
Total Pages : 24 pages
Book Rating : 4.0/5 (417 download)

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Book Synopsis Medical Marijuana by : Todd Garvey

Download or read book Medical Marijuana written by Todd Garvey and published by Createspace Independent Pub. This book was released on 2012-11-18 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of a larger scheme to regulate drugs and other controlled substances, federal law prohibits the cultivation, distribution, and possession of marijuana. No exception is made for marijuana used in the course of a recommended medical treatment. Indeed, by categorizing marijuana as a Schedule I drug under the Controlled Substances Act (CSA), the federal government has concluded that marijuana has “no currently accepted medical use in treatment in the United States.” Yet 18 states and the District of Columbia have decriminalized medical marijuana by enacting exceptions to their state drug laws that permit individuals to grow, possess, or use marijuana for medicinal purposes. In contrast to the complete federal prohibition, these 19 jurisdictions see medicinal value in marijuana and permit the drug's use under certain circumstances. Although the U.S. Supreme Court has established Congress's constitutional authority to enact the existing federal prohibition on marijuana, principles of federalism prevent the federal government from mandating that the states actively support or participate in enforcing the federal law. While state resources may be helpful in combating the illegal use of marijuana, Congress's ability to compel the states to enact similar criminal prohibitions, to repeal medical marijuana exemptions, or to direct state police officers to enforce the federal law remains limited by the Tenth Amendment. Even if the federal government is prohibited from mandating that the states adopt laws supportive of federal policy, the constitutional doctrine of preemption generally prevents states from enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void. Courts, however, have not viewed the relationship between state and federal marijuana laws in such a manner, nor did Congress intend that the CSA displace all state laws associated with controlled substances. Instead, the relationship between the federal ban on marijuana and state medical marijuana exemptions must be considered in the context of two distinct sovereigns, each enacting separate and independent criminal regimes with separate and independent enforcement mechanisms, in which certain conduct may be prohibited under one sovereign and not the other. Although state and federal marijuana laws may be “logically inconsistent,” a decision not to criminalize—or even to expressly decriminalize—conduct for purposes of the law within one sphere does nothing to alter the legality of that same conduct in the other sphere. This report will review the federal government's constitutional authority to enact the federal criminal prohibition on marijuana; highlight certain principles of federalism that prevent the federal government from mandating that states participate in enforcing the federal prohibition; consider unresolved questions relating to the extent to which state authorization and regulation of medical marijuana are preempted by federal law; and assess what obligations, if any, the U.S. Department of Justice (DOJ) has to investigate and prosecute violations of the federal prohibition on marijuana.

Marijuana Law, Policy, and Authority

Author : Robert A. Mikos
Publisher : Aspen Publishing
ISBN 13 : 1454887958
Total Pages : 1067 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Marijuana Law, Policy, and Authority by : Robert A. Mikos

Download or read book Marijuana Law, Policy, and Authority written by Robert A. Mikos and published by Aspen Publishing. This book was released on 2017-05-18 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marijuana Law, Policy, and Authority is a first-of-its-kind law school casebook in a rapidly-emerging and exciting new field. The accessible, comprehensive, and engaging material guides students through the competing approaches to regulating marijuana, the purposes and effects of those approaches, and the legal authorities for choosing among them. The helpful organization intersperses these issues of substantive law, policy, and authority throughout the discussion of users, suppliers, and third parties. Substantive law materials cover either prohibitions or regulations targeting users, suppliers, or third parties. Policy materials cover the goals of marijuana law and policy as well as the research on the impact of different marijuana policies. Authority materials address the different levels of government—federal, state, and local. Notes, questions, and numerous problems in each chapter provide additional thought-provoking material and help to reinforce student learning. Current, news-headlining cases keep the discussion interesting and lively. Key Features: Internationally renowned author Robert Mikos is the premier authority on marijuana law. He draws upon nearly a decade of professional experience teaching, lecturing, consulting, and writing about marijuana law and policy. Three distinct but inter-woven topics are covered: the substantive law governing marijuana; the policy rationales behind and outcomes produced by different approaches to regulating the drug; and the legal authority to regulate the drug. Students are guided through the multi-faceted legal and policy issues now confronting lawyers, lawmakers, judges, and policy analysts working in this emerging field. Written in a style that is familiar to law students, but also accessible to a much broader audience, including graduate and upper level undergraduate students in courses in policy studies, political science, and criminology. Cutting-edge issues are included that are intellectually engaging for students and professors alike—e.g., how are conflicts between state/ federal law resolved? What are the roles of courts and executive officers in terms of policy? Dives deeply into classic legal issues: contract enforceability and powers of court, Congress, and the state. Notes and Questions following cases offer stimulating fodder for discussion.

Marijuana Legalization

Author : Jonathan Paul Caulkins
Publisher : Oxford University Press
ISBN 13 : 0190262400
Total Pages : 305 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Marijuana Legalization by : Jonathan Paul Caulkins

Download or read book Marijuana Legalization written by Jonathan Paul Caulkins and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marijuana Legalization: What Everyone Needs to Know provides readers with a non-partisan primer covering everything from the risks and benefits of using marijuana to what is happening with marijuana laws around the world. This book serves as the price of admission for any serious discussion about marijuana legalization.

Legalizing Marijuana

Author : Nancy E. Marion
Publisher :
ISBN 13 : 9781611636291
Total Pages : 0 pages
Book Rating : 4.6/5 (362 download)

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Book Synopsis Legalizing Marijuana by : Nancy E. Marion

Download or read book Legalizing Marijuana written by Nancy E. Marion and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over the legalization of both medical and recreational marijuana is raging across the United States. Some states have opted to legalize or decriminalize the drug despite federal laws that ban its manufacture, distribution, and possession. Legalizing Marijuana is a collection of articles that examines different aspects of marijuana legalization in the US, an area that is constantly changing and evolving. Each article is written by an expert in the field, chosen from both academics and practitioners, who provide a distinct perspective on the legalization debate. The first group of articles provides readers with a background of drug policy in the US and other nations. The second group of articles focuses on the state-wide political campaigns and media coverage associated with the push to change laws. The third group of articles examines the response of the criminal justice system to legalized marijuana. This includes articles on law enforcement agencies, court responses, and the effects of the new policies on corrections systems. Finally, some policy perspectives are provided on the impact of marijuana legalization on college campuses and businesses in those states that allow it. The articles are thought provoking and informative, and can serve as a basis for debate and discussion on many aspects of marijuana legalization. PowerPoint slides are available upon adoption. Sample slides from the full 350-slide presentation are available to view here. Email [email protected] for more information.

High Time

Author : Andrew Potter
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773557245
Total Pages : 241 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis High Time by : Andrew Potter

Download or read book High Time written by Andrew Potter and published by McGill-Queen's Press - MQUP. This book was released on 2019-03-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada has become the first G7 country to legalize cannabis, and the world is watching. The primary concern facing the Liberal government as it seeks to fulfill its 2015 campaign promise to “legalize, regulate, and restrict access to marijuana” is whether it can be done without making the situation worse. As the Liberal platform pointed out, the current regime lets illegal cannabis fall into the hands of minors, pours large profits into organized crime, and traps many people in the criminal justice system for what is arguably a victimless crime. While the legalization of marijuana in Canada begins with a straightforward change of the criminal code, its ramifications go far beyond this. Legalization will have a serious impact on the country's international treaty commitments, interprovincial relations, taxation and regulatory regimes, and social and health policies. The essays in this book address these outcomes from three main perspectives: the decades-long political path to legalization; the assumptions that underwrite the new policy, in particular the desire to stamp out the black market; and how legalization in Canada looks in an international context. Bringing together analysis by policy makers and scholars, including the architect of marijuana legislation in Portugal – a trailblazing jurisdiction – High Time provides an urgent and necessary overview of Canada's Cannabis Act.

Cases and Materials on Marijuana Law

Author : HOWARD. OSBECK BROMBERG (MARK K.. VITIELLO, MICHAEL.)
Publisher : West Academic Publishing
ISBN 13 : 9781642422450
Total Pages : 734 pages
Book Rating : 4.4/5 (224 download)

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Book Synopsis Cases and Materials on Marijuana Law by : HOWARD. OSBECK BROMBERG (MARK K.. VITIELLO, MICHAEL.)

Download or read book Cases and Materials on Marijuana Law written by HOWARD. OSBECK BROMBERG (MARK K.. VITIELLO, MICHAEL.) and published by West Academic Publishing. This book was released on 2019-03-11 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering casebook presents a thorough exploration of the rapidly evolving and complex area of marijuana law. Current through the end of 2018, this casebook explains marijuana law from all perspectives, including federal, state, local, and international law. Also treated in depth are the fascinating civil, criminal and constitutional issues emerging from current marijuana law, as well as important issues of federalism, business and tax law, and professional responsibility. Significant and recent cases are presented in edited and readable form, as well as the legislation, regulations, and public policy that govern marijuana cultivation, consumption, and supply. Notes, questions, and problems in each chapter enhance understanding of the materials.

Federalism and the Making of America

Author : David Brian Robertson
Publisher : Routledge
ISBN 13 : 1136974296
Total Pages : 292 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Federalism and the Making of America by : David Brian Robertson

Download or read book Federalism and the Making of America written by David Brian Robertson and published by Routledge. This book was released on 2013-03-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.

Prohibition, the Constitution, and States' Rights

Author : Sean Beienburg
Publisher : University of Chicago Press
ISBN 13 : 022663213X
Total Pages : 333 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Prohibition, the Constitution, and States' Rights by : Sean Beienburg

Download or read book Prohibition, the Constitution, and States' Rights written by Sean Beienburg and published by University of Chicago Press. This book was released on 2019-06-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Responsive States

Author : Andrew Karch
Publisher : Cambridge University Press
ISBN 13 : 1108485170
Total Pages : 255 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Responsive States by : Andrew Karch

Download or read book Responsive States written by Andrew Karch and published by Cambridge University Press. This book was released on 2019-11-28 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how policy design and timing cause American state governments to greet national laws with enthusiasm, indifference, or hostility.

Federalism

Author : Mark J. Rozell
Publisher : Oxford University Press, USA
ISBN 13 : 0190900059
Total Pages : 160 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Federalism by : Mark J. Rozell

Download or read book Federalism written by Mark J. Rozell and published by Oxford University Press, USA. This book was released on 2019-11-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.

Controversies in American Federalism and Public Policy

Author : Christopher P. Banks
Publisher : Routledge
ISBN 13 : 1351713388
Total Pages : 371 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Controversies in American Federalism and Public Policy by : Christopher P. Banks

Download or read book Controversies in American Federalism and Public Policy written by Christopher P. Banks and published by Routledge. This book was released on 2018-03-13 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

Marijuana Politics

Author : Robert M. Hardaway
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440837074
Total Pages : 311 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Marijuana Politics by : Robert M. Hardaway

Download or read book Marijuana Politics written by Robert M. Hardaway and published by Bloomsbury Publishing USA. This book was released on 2018-01-18 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the big deal about cannabis? This book covers everything from botany to the historical uses and common misconceptions of cannabis, with a focus on the political process of prohibition and legalization of cannabis in the United States. Why is marijuana-to which few if any deaths can be attributed-generally banned in the United States, while cigarettes and liquor-which unquestionably kill millions-are currently legal? This question can best be explained through an investigation of the historical context of cannabis in our country. This book documents the long history of marijuana use, the turbulent path of the prohibition of cannabis use, the issues regarding present-day legalization, and the modern implications of both medical and recreational cannabis. It provides compelling insight from multiple academic disciplines, including sociology, political science, economics, medicine, and health, and in particular from the history of the American experience with the criminalization of liquor, gambling, prostitution, and cigarettes. Marijuana Politics: Uncovering the Troublesome History and Social Costs of Criminalization examines the current trend toward the legalization of marijuana in the context of the American experience with particular emphasis on political, social, and constitutional developments in the United States beginning in the 20th century. It compares the trend toward marijuana legalization to Prohibition and U.S. laws regarding the consumption of alcohol and analyzes legal developments in comparable areas such as the regulation of other vices and hard drugs like cocaine and heroin. This book is accessible to both casual readers and academic students and provides a robust understanding of the both historical and modern aspects of the drug itself and legalization, regardless of the reader's individual beliefs on the use of cannabis.

The Ideological Origins of American Federalism

Author : Alison L. LaCroix
Publisher : Harvard University Press
ISBN 13 : 0674062035
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Ideological Origins of American Federalism by : Alison L. LaCroix

Download or read book The Ideological Origins of American Federalism written by Alison L. LaCroix and published by Harvard University Press. This book was released on 2011-10-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia. In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system. Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.

Liberty's Blueprint

Author : Michael Meyerson
Publisher : Basic Books
ISBN 13 : 0786747889
Total Pages : 336 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis Liberty's Blueprint by : Michael Meyerson

Download or read book Liberty's Blueprint written by Michael Meyerson and published by Basic Books. This book was released on 2009-06-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aside from the Constitution itself, there is no more important document in American politics and law than The Federalist-the series of essays written by Alexander Hamilton and James Madison to explain the proposed Constitution to the American people and persuade them to ratify it. Today, amid angry debate over what the Constitution means and what the framers' "original intent" was, The Federalist is more important than ever, offering the best insight into how the framers thought about the most troubling issues of American government and how the various clauses of the Constitution were meant to be understood. Michael Meyerson's Liberty's Blueprint provides a fascinating window into the fleeting, and ultimately doomed, friendship between Hamilton and Madison, as well as a much-needed introduction to understanding how the lessons of The Federalist are relevant for resolving contemporary constitutional issues from medical marijuana to the war on terrorism. This book shows that, when properly read, The Federalist is not a "conservative" manifesto but a document that rightfully belongs to all Americans across the political spectrum.

Marijuana Nation

Author : Roger Roffman
Publisher : Simon and Schuster
ISBN 13 : 1605985880
Total Pages : 383 pages
Book Rating : 4.6/5 (59 download)

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Book Synopsis Marijuana Nation by : Roger Roffman

Download or read book Marijuana Nation written by Roger Roffman and published by Simon and Schuster. This book was released on 2014-04-20 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roger Roffman first discovered marijuana while serving as a US Army officer in Vietnam. From these seemingly innocuous beginnings, Roffman has been fascinated by marijuana, as a researcher, scholar, therapist, activist, and user. Ever since America’s youth first marched in opposition to the war in Vietnam, pot’s popularity has periodically ebbed and surged. Calls for greater, fewer, or no marijuana penalties also have swung on their own pendulum.From lobbying in Washington, to talking to doctors and nurses in oncology wards, and watching his brother struggle with addiction, Roffman has experienced the layered and complex relationship Americans have with marijuana first-hand. With one foot on each side of the fence, at times feeling at odds with both camps, Roffman is on a quest to challenge those who insist we think of marijuana as a weapon of mass destruction, as well as those who would have us see it as a harmless source of pleasure and relief.