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Hastings Constitutional Law Quarterly

Authors

Vijay Sekhon

Abstract

This Comment analyzes the constitutionality and impact of the Executive Branch's decision to not investigate or prosecute individuals in compliance with state medical marijuana laws. As detailed in this Comment, the Executive Branch's decision to not investigate or prosecute individuals in compliance with state medical marijuana laws is a questionable use of prosecutorial discretion and provides individuals with a false sense of security in relying upon compliance with such laws. In conclusion, the author urges Congress to pass and President Obama to sign into law legislation consistent with the Executive Branch's revised enforcement policy regarding medical marijuana in order to ensure the constitutionality of such enforcement policy, and urges states that have enacted medical marijuana laws in the meantime to highlight the risks to individuals of relying upon compliance with such laws despite the change in the Executive Branch's enforcement policy regarding medical marijuana.

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