Pubdate: Mon, 16 Mar 2015
Source: Dayton Daily News (OH)
Copyright: 2015 Dayton Daily News
Contact: http://drugsense.org/url/7JXk4H3l
Website: http://www.daytondailynews.com/
Details: http://www.mapinc.org/media/120
Author: Collin Binkley

OSU OFFERS CLASS ON POT

Law School Course Focuses on Policy, Marijuana Reform.

Professor Douglas Berman teaches a class about marijuana, so he has 
heard the jokes. He even allows a little pot humor in the classroom. 
But he isn't especially fond of the nickname his class has picked up: 
Weed 101. "It's a lot more than that," Berman said about his class at 
Ohio State University Moritz College of Law. Flippant attitudes 
toward the marijuana debate are in part what inspired him to start 
teaching "Marijuana Law, Policy and Reform," which aims to cut 
through claims on both sides of the marijuana debate.

"This is a serious area that is a matter of significant public 
policy," Berman said. "If we leave it to the snickers and the hahas 
and the people who think it's a joke, you ensure that it's not going 
to be regulated and reformed in a sensible way."

The class, offered only on Fridays to deter students who might take 
it as a novelty, is among the few in the country that explore the 
federal and state laws surrounding marijuana.

Vanderbilt University in Tennessee started a similar course this 
semester, and the University of Denver in Colorado - which has 
legalized recreational marijuana use - now offers a class titled 
"Representing the Marijuana Client." As a field trip, students in the 
Denver class visited a dispensary last month to see how marijuana is 
grown and sold.

"Whether one agrees with the premise or not, it is an emerging area 
of the law in the country," said Jon Allison, a Columbus lawyer who 
represents the Drug Free Action Alliance, which opposes the 
legalization of marijuana in Ohio.

"There are all kinds of clients in the world, and they all deserve 
good lawyers," Allison said.

Berman doesn't take a stance in his class, instead urging students to 
explore how marijuana legalization can affect the worlds of banking, 
taxation, criminal justice and politics.

He draws on cases pulled from headlines across the country, including 
the four states that have legalized recreational use of marijuana. 
The class also is keeping a sharp watch on Ohio as advocates and 
opponents square off, with the possibility of a November ballot issue.

"It seems quite possible to me that Ohio is going to be the focal 
point for debate over marijuana reform throughout 2015 and probably 
into 2016," Berman said.

Among the 16 students in class on a recent Friday, some hope to find 
work in the field.

Ashley Braxton, 24, wants to be an advocate for minorities who have 
made a living in the blackmarket sale of marijuana, which could be 
replaced by a regulated industry.

"For some people, the black market is their livelihood," said 
Braxton, of the East Side.

But even students headed into other legal specialties are taking 
heed. Steven Swick, who plans to work in business law, said he's 
learning how marijuana legalization could ripple through the business 
community.

"Having some knowledge could be useful," said Swick, 25, of Lima.

Berman started the class in 2013 after voters in Colorado and 
Washington state approved measures to make recreational marijuana 
legal. He predicted that more states would follow.

"I went to my associate dean and said, 'I've got to do a seminar on 
this,'" he said.

At the start of the semester, Berman draws parallels with the U.S. 
prohibition of alcohol that ended in 1933. Later, he asks students to 
dig into a topic, such as taxation or bioethics.

At its core, the class is a lesson on the complexities that arise 
when state and federal laws conflict. Even in states that legalized 
marijuana, Berman said, there's a question about whether federal tax 
code should treat sellers like business owners, who get tax benefits, 
or like illegal dealers, who don't.

Last week, Berman was at a conference in Washington for American 
Indian tribes that are considering growing marijuana. Some tribes 
live in states where marijuana is legal, but live on land that falls 
under the jurisdiction of the federal government, which outlaws the 
drug. Lawyers are trying to untangle the web of laws that apply.

"State-level reforms have an extra layer of complication to them," 
Berman said. "That's a very valuable lesson for all lawyers to understand."

Part of the thrill for students and for Berman is that they're 
studying the law as it evolves, unlike other classes that analyze 
centuries-old rules. Instead of a textbook, Berman keeps an online 
blog directing students to daily updates from across the country. One 
of the struggles, he said, is choosing what he has time to cover in class.

"Almost every morning, I get up and check my Google news feed and 
it's like, 'Oh, there's another story I ought to be talking about,' " 
he said. "Things are moving so quickly, there's no way I could teach 
everything."
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MAP posted-by: Jay Bergstrom