HIGH TIMES: A HISTORY OF MARIJUANA LAWS IN THE UNITED STATES

Kimberly A. Houser Washington State University

Robert E. Rosacker University of Wisconsin – La Crosse

The University of South Dakota

ABSTRACT

The history of marijuana legislation in the United States is closely tied to public perception of marijuana usage. First regulated in 1913 under state law, marijuana has been treated very differently under federal law. Such a state of affairs, of course, creates an inconsistent framework for citizens with respect to usage and companies with regard to banking and taxes. A series of memos by the Department of Justice have attempted to address concerns regarding the enforcement of federal law in states where medical and/or recreational marijuana is legal. There are a significant number of legal and business reporting issues surrounding these new recreational use laws that must be addressed in order to bring some form of stability to the regulatory framework. This study represents the first in a series of two articles that will address the legislative history of marijuana laws and federal versus state regulatory confusion with respect to marijuana usage and business operations.