Question
In 2020, the South Carolina legislature narrowly passes and the governor signs a law allowing for the cultivation and sale of marijuana for recreational use.Per
In 2020, the South Carolina legislature narrowly passes and the governor signs a law allowing for the cultivation and sale of marijuana for recreational use.Per the new law, sales of marijuana are only allowed in state-approved dispensaries to South Carolina residents over 21 years of age.The Governor's stated purpose for the law is to reduce prison overcrowding (caused by the incarceration of non-violent drug offenders) and reduce crime levels as a whole (as many theft and violence offenses are connected to illegal drug sales).
a. Suppose the Department of Justice challenges the law on the basis that it conflicts with federal laws that continue to identify marijuana as a Schedule 1 narcotic that is illegal to possess or consume.What is the legal basis supporting the Department of Justice's challenge to South Carolina's new law?Explain.
b. What is South Carolina's best argument for upholding its new law?Explain.
c. Assume the law is amended to allow for sales to both residents and non-residents of South Carolina.Will this change make it more or less likely that the law will survive the DOJ's challenge?Explain.
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