Cases and Materials on Marijuana Law - 2nd Edition - Howard Bromberg

Cases and Materials on Marijuana Law 2nd Edition ISBN 9781636595245

When Cases and Materials on Marijuana Law by Bromberg, Osbeck, and Vitiello first appeared in 2019, it was the pioneering casebook in a rapidly evolving and complex area of law. The first edition offered a comprehensive examination of marijuana law from multiple perspectives—federal, state, local, and international. It addressed an array of pressing legal issues, including civil, criminal, and constitutional matters, as well as key concerns in federalism, business and tax law, and professional responsibility. The second edition continues this tradition.

Much has changed in marijuana law since 2019. The second edition responds to these developments with updated chapters that reflect the latest legal trends and cases. The authors have incorporated significant new material, reorganized sections for improved clarity—such as those addressing the rescheduling of marijuana—and refined the book in response to feedback from professors who have used it in their courses.

Drawing on their own classroom experience, the authors have also added entirely new content. One notable addition is a simulation-based chapter in which students are tasked with developing a business plan for clients seeking to enter the marijuana industry. This exercise engages students in practical legal reasoning, prompting them to weigh options such as forming a corporation, partnership, or S-corporation—often sparking interest in corporate structures among those otherwise less inclined.

As with the first edition, the second edition features carefully edited, accessible cases alongside the relevant statutes, regulations, and public policy frameworks governing marijuana cultivation, distribution, and use. Each chapter includes notes, questions, and problems designed to deepen student understanding and promote critical engagement with the materials.

Changes in the New Edition:

• A new introductory chapter provides a broad overview of marijuana law, organized in a way that aligns with the structure of the casebook’s chapters.
• A new section discusses Ohio’s 2023 legalization referendum, making it the most recent state to legalize marijuana for adult use.
• Updates throughout the book reflect the U.S. Department of Health and Human Services’ 2023 recommendation to reschedule marijuana to Schedule III, including a summary of the supporting FDA study and analysis of the legal and practical implications of rescheduling.
• The edition includes an expanded discussion of marijuana-related activity under the First Amendment (free speech and free exercise of religion) and the Second Amendment (right to bear arms).
• A new chapter on marijuana and property law explores issues such as landlord-tenant disputes, zoning, and intellectual property—including trademark and patent law as they relate to marijuana.
• A new chapter on business formation covers the basics of business organization and client advising, with specific application to marijuana enterprises.
• A new section addresses marijuana abuse and addiction, as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).
• The edition includes a new chapter examining recent Congressional bills related to marijuana, ranging from incremental reforms to comprehensive federal legalization proposals.
• The chapter on hemp legalization has been updated, with an expanded section on cannabidiol (CBD) and related regulatory developments.
• The section on racial disparity and social justice has been expanded to reflect ongoing concerns and reforms linked to marijuana law and policy.
• The debate over legalization is further developed with updated arguments, policy analysis, and legislative context.

Bromberd, Osbeck and Vitiello Cases and Materials on Marijuana Law Second Edition ISBN 9781636595245 & 978-1636595245