In 2019, when Bromberg, Osbeck, and Vitiello’s Cases and Materials on Marijuana Law first appeared, theirs was the pioneering casebook that presented a thorough exploration of the rapidly evolving and complex area of marijuana law. It explored marijuana law from all perspectives, including federal, state, local, and international law. It treated in depth 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. The second edition still does so.

A lot has happened since 2019, especially in marijuana law. The second edition of Bromberg, Osbeck, and Vitiello’s book updates previous chapters. They have found new cases where the law has evolved rapidly. Responding to suggestions from professors who have used the book, the authors have reorganized some of the material. For example, it has reorganized material dealing with rescheduling marijuana.

Relying on their own experience in teaching Marijuana Law, the authors have created some new material as well as updating the first edition. For example, an entirely new chapter consists of an extensive simulation requiring students to formulate a business plan for clients interested in creating a marijuana business. Students who may not be excited about Corporations often seem to become excited as they decide whether to recommend that their clients form a corporation, partnership, S-corporation, or some other business entity.

Like the first edition, the second edition presents cases 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.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 07/30/2024

Howard Bromberg, University of Michigan Law School

Mark K. Osbeck, University of Michigan Law School

Michael Vitiello, University of Pacific School of Law

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  • New introductory chapter surveying marijuana law, keyed to chapters of the casebook
  • New Section on Ohio’s 2023 legalization referendum, the most recent state to legalize marijuana for adult use
  • Updates on United States Department of Health and Human Services recommendation to reschedule marijuana to Schedule III, with summary of 2023 FDA study supporting the recommendation. Treatment throughout edition of significance if marijuana is rescheduled
  • Expanded section on marijuana activity and First (free speech, free exercise of religion) and Second Amendments (right to bear arms)
  • New chapter on marijuana activity and property law with sections on landlord-tenant disputes; zoning; trademark law; and patent law as relates to marijuana use
  • New chapter on business formation covering basics of business organization and advising clients, relevant to marijuana entities
  • New section on marijuana abuse and addiction as defined in Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition
  • New chapter on latest bills in Congress, aimed at both incremental and comprehensive marijuana reform
  • Updated chapter on hemp legalization with a new section on CBD
  • Expanded section on Racial Disparity and Social Justice issues with marijuana reform
  • Expanded chapter on debate over legalization

Learn more about this series.