As marijuana regulation at the local level becomes at odds with federal policy, an interesting question arises regarding the drug’s potential classification as an article of commerce. Resulting of this potential shift is the existence of an unexpected legal question as to whether the U.S. International Trade Commission, via the agency’s section 337 investigatory and remedial authorities, may regulate marijuana that has been illegally imported into the United States. While avoiding any stance on the contentious issue of marijuana legalization, this essay explores this legal ramification by surmising a fictional narrative of two Colorado marijuana farmers, and investigating the ITC’s unique justiciability requirements and beneficial procedures. Difficult public policy considerations remain, but if employed, the section 337 could serve as a powerful tool for individuals to advance the U.S. interest of eradicating marijuana imported into the United States.
Brady P. Gleason,
Alternative Forum: A Colorado Farmer and the ITC’s Excellent Adventure,
Cath. U. L. Rev.
Available at: https://scholarship.law.edu/lawreview/vol65/iss3/11