Ashley Mastro A MODEL PATH FOR DECRIMINALIZING SIMPLE POSSESSION OF ALL DRUGS 71 DePaul Law Review 875 (Summer, 2022) Every twenty-five seconds, someone in the United States is arrested for possessing a personal use amount of drugs. This comes at a great cost to the United States, approximating $47 billion annually. Criminalizing drugs creates a significant burden on the criminal justice system in terms of manpower, finances, and over-incarceration. The criminal... 2022
Sarah Thompson Schick, Kirsten Axelsen CONSIDERING MODIFICATIONS TO EXISTING FDA REGULATORY INCENTIVES TO ACHIEVE GREATER RACIAL AND ETHNIC DIVERSITY IN PIVOTAL CLINICAL TRIALS FOR DRUG APPROVALS 77 Food & Drug Law Journal 246 (2022) When clinical trials for new drug approvals fail to adequately represent racial and ethnic groups, there is a lost opportunity to collect data on people who will be prescribed these medications. In this Paper, we consider data published by the U.S. Food and Drug Administration reflecting the current state of diversity in pivotal clinical trials,... 2022
Jaden W.R. Jackson CONTROVERSIAL CANNABIS: HOW PASSAGE OF THE M.O.R.E. ACT CAN REMEDY THE DISPARATE IMPACT OF MARIJUANA PROHIBITION 46 Seton Hall Legislative Journal 705 (2022) Since 1996, states have seen a surge in marijuana legislation. As of February 2022, eighteen states and the District of Columbia have legalized adult recreational marijuana use, while thirty-six states and the District of Columbia have legalized medical marijuana. Although marijuana is a Schedule I drug under the Controlled Substance Act (CSA),... 2022
Kalyn Heyen DRUG COURT DISCRIMINATION: DISCRETIONARY ELIGIBILITY CRITERIA IMPEDES THE LEGISLATIVE GOAL TO PROVIDE EQUAL AND EFFECTIVE ACCESS TO TREATMENT ASSISTANCE 43 Cardozo Law Review 2509 (August, 2022) C1-2Table of Contents Introduction. 2510 I. Background. 2513 A. The United States's Initial Approach to Substance Use Disorder. 2513 B. The Utilization of United States Drug Courts in Response. 2515 1. The Functioning of United States Drug Courts. 2515 2. An Illustration of the Drug Court Process. 2517 3. Eligibility Criteria. 2519 C. The Reality... 2022
Michael R. Ulrich E-RACING TOBACCO & NICOTINE-RELATED HEALTH DISPARITIES 77 Food & Drug Law Journal 219 (2022) In the past, tobacco companies used targeted advertising to integrate menthol cigarettes and addict the Black community, generating tobacco-related health disparities. As Juul has come under attack, they have utilized the tobacco playbook to protect itself and deflect criticism by donating to a historically Black medical school and recruiting... 2022
Michele I. Naples ESTIMATING THE SAVINGS FROM DECRIMINALIZING DRUG CONSUMPTION: THE CASE OF NEW JERSEY 19 Rutgers Journal of Law & Public Policy 353 (Spring, 2022) Decriminalizing drugs means ending the Drug War against users, and permits reallocating its resources to public health and community restoration. While Oregon recently passed decriminalization, New Jersey has taken a piecemeal approach for twenty-five years. This study assesses that history, the shape of the prison-industrial complex born of the... 2022
Daniel A. Kracov EUGENICS AND THE DEVELOPMENT OF U.S. FOOD AND DRUG LAW 77 Food & Drug Law Journal 135 (2022) The Food and Drug Administration (FDA) and its core statutory authorities have a complex and storied history. Historians and lawyers recounting the agency's early development--which roughly spanned from the debates culminating in the Pure Food and Drug Act of 1906 to the enactment of the Federal Food, Drug, and Cosmetic Act of 1938--typically cite... 2022
Douglas A. Berman , Alex Fraga HOW STATE REFORMS HAVE MELLOWED FEDERAL ENFORCEMENT OF MARIJUANA PROHIBITION 49 Fordham Urban Law Journal 675 (March, 2022) Introduction. 675 I. A Short History of Intersecting Federal and State Marijuana Prohibitions and Reforms. 677 II. Modern Federal Marijuana Enforcement and Sentencing. 683 A. The Decline in Federal Marijuana Sentences. 685 B. The Impact and Import of Many Fewer Federal Marijuana Sentences. 686 C. Changes in Rates of Convictions. 687 D. Changes in... 2022
Scott Bloomberg , Robert A. Mikos LEGALIZATION WITHOUT DISRUPTION: WHY CONGRESS SHOULD LET STATES RESTRICT INTERSTATE COMMERCE IN MARIJUANA 49 Pepperdine Law Review 839 (2022) Over the past twenty-five years, states have developed elaborate regulatory systems to govern lawful marijuana markets. In designing these systems, states have assumed that the Dormant Commerce Clause (DCC) does not apply; Congress, after all, has banned all commerce in marijuana. However, the states' reprieve from the doctrine may soon come to an... 2022
Julie M. Whitson MARIJUANA LEGALIZATION: CHILD-CENTERED CONSIDERATIONS IN TEXAS FAMILY LAW MATTERS 53 Saint Mary's Law Journal 883 (2022) I. Introduction. 885 II. Background of Marijuana & History of the Law in the U.S. and Texas. 886 III. Overview of Child Custody Considerations in Texas. 890 IV. What is Currently Legal in Texas. 892 A. CBD Products May Play a Role in Texas Family Law Cases. 898 V. Future Legalization in Texas. 903 A. A Child-Centered View of Texas's Proposed... 2022
David Angelatos MISINFORMATION ABOUT MARIJUANA: COMMERCIALIZATION, CONSOLIDATION, AND THE NEW FIRST AMENDMENT 71 American University Law Review 2157 (August, 2022) From Reefer Madness to This Is Your Brain on Drugs, Americans have lived through decades of anti-cannabis propaganda. Legalization is poised to turn this information environment on its head, unleashing a torrent of corporate-funded, pro-cannabis misinformation that regulators cannot prevent or dispel. This appears to be a problem caused by the... 2022
Jennifer Lee Barrow RECIDIVISM REFORMATION: ELIMINATING DRUG PREDICATES 135 Harvard Law Review Forum 418 (20-May-22) The Armed Career Criminal Act (ACCA) imposes a minimum fifteen-year sentence for violating 18 U.S.C. § 922(g) after three violent felony or serious drug offense convictions. The ACCA disproportionately impacts people of color and imposes significant costs on the federal judiciary and the criminal justice system overall. This Essay contributes... 2022
Tessa Ptucha RE-DIRECTING THE 50-YEAR-LONG WAR ON DRUGS IN THE UNITED STATES: SAFE INJECTION SITES AS THE NECESSARY WEAPONS 50 Hofstra Law Review 929 (Summer, 2022) Just north of Philadelphia, Pennsylvania, locals from the town of Kensington watched their quaint community transform into the epicenter of the opioid crisis in less than forty years. Since 2007, more people report using the non-prescription opioid, heroin, each year in the United States--with an all-time high of 948,000 (reported) opioid users... 2022
André Douglas Pond Cummings , Steven A. Ramirez ROADMAP FOR ANTI-RACISM: FIRST UNWIND THE WAR ON DRUGS NOW 96 Tulane Law Review 469 (February, 2022) I. Introduction. 469 II. A Short History of the War on Drugs and Mass Incarceration. 475 III. The Devastation Suffered in Communities of Color. 486 A. Direct Economic Costs of the War on Drugs and Mass Incarceration. 487 B. Government Expenditures. 488 C. Economic and Psychological Costs on Families of Color. 490 D. Indirect Costs of the War on... 2022
Evelyn L.A. Jackson SAFE INJECTION FACILITIES: RECONSIDERING AMERICAN DRUG POLICY 63 Boston College Law Review 1467 (April, 2022) Abstract: On January 12, 2021, in United States v. Safehouse, the U.S. Court of Appeals for the Third Circuit held that supervised injection facilities-- sites where medical professionals monitor injection drug use--violate the Crack House Statute. The legality of supervised injection facilities was a matter of first impression at the circuit... 2022
Sarah Brady Siff TARGETED MARIJUANA LAW ENFORCEMENT IN LOS ANGELES, 1914-1959 49 Fordham Urban Law Journal 643 (March, 2022) Introduction. 643 I. Anti-Mexican Aims of the First Marijuana Ban. 644 II. Marijuana Was a Whole Different Thing Back Then. 648 III. From Bad to Worse: Racialized Enforcement and New Policing Strategies. 654 IV. Cultural Conquest: Targeting the Hip and Famous. 658 V. Escalation of Unconstitutional Enforcement. 667 Conclusion: Confronting the Legacy... 2022
André Douglas Pond Cummings , Steven A. Ramirez THE ILLINOIS CANNABIS SOCIAL-EQUITY PROGRAM: TOWARD A SOCIALLY JUST PEACE IN THE WAR ON DRUGS? 53 Loyola University Chicago Law Journal 793 (Summer, 2022) Laudably, when Illinois legalized the recreational use of cannabis, it also sought to repair the damage wrought by the War on Drugs (WOD) through its social-equity initiatives. That harm included excessive and disproportionate incarceration in communities of color, over-policing within those communities, and all of the social and economic harms... 2022
Lauren Williams , Samuel D. Hodge, Jr. THE IMPLICATIONS OF LEGALIZED MARIJUANA ON ESTABLISHING PROBABLE CAUSE FOR A WARRANTLESS SEARCH 66 Saint Louis University Law Journal 267 (Winter, 2022) The amount of money and legal energy being given to prosecute hundreds of thousands of Americans who are caught with a few ounces of marijuana in their jeans simply makes no sense - the kindest way to put it. A sterner way to put it is that it is an outrage, an imposition on basic civil liberties and on the reasonable expenditure of social... 2022
Taleed El-Sabawi, Jennifer Oliva THE INFLUENCE OF WHITE EXCEPTIONALISM ON DRUG WAR DISCOURSE 94 Temple Law Review 649 (Summer, 2022) For much of its history, the United States has adopted a punitive approach to escalating overdose rates and addiction through the prohibition or stringent regulation of drugs deemed dangerous or habit forming. The policy tools used to support this approach rely on criminal punishment for the possession and sale of such substances and are based on... 2022
André Douglas Pond Cummings, Steven A. Ramirez THE RACIST ROOTS OF THE WAR ON DRUGS & THE MYTH OF EQUAL PROTECTION FOR PEOPLE OF COLOR 44 University of Arkansas at Little Rock Law Review 453 (Spring, 2022) By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed... 2022
Alessandro Clark-Ansani THE UNCONSTITUTIONAL RACIAL ANIMUS BEHIND FEDERAL MARIJUANA CRIMINALIZATION 7/29/2022 University of Chicago Law Review Online 1 (29-Jul-22) In August 2021, the Honorable Miranda M. Du, Chief Judge for the district court of the District of Nevada, struck down 8 U.S.C § 1326, the federal criminal statute that addresses illegal reentry into the United States. That groundbreaking decision, United States v. Carrillo-Lopez (D. Nev. 2021), relied on the test established in Village of... 2022
Thomas Salazar TRIP OR TREAT: PSYCHEDELIC DRUG REFORM IN CALIFORNIA 53 University of the Pacific Law Review 321 (January, 2022) Heath and Safety Code §§ 11350.1, 11377.1 (new), §§ 11054, 11150.2, 11350, 11364, 11364.7, 11365, 11377, 11379, 11382, 11550 (amended), § 131065 (new), § 11999 (repealed), Article 7 (commencing with § 11390) of Chapter 6 of Division 10 (repealed). SB 519 (Wiener); In Committee Process. C1-2Table of Contents I. Introduction. 321 II. Legal... 2022
Alexis S. Hughes UNEQUAL JUSTICE: WHY FEDERAL COURTS SHOULD ADOPT THE INDIVIDUALIZED APPROACH TO SENTENCING DEFENDANTS CONVICTED OF DRUG CONSPIRACY 72 American University Law Review Forum 19 (October, 2022) For several decades, the Federal Circuit Courts have been split about how to sentence defendants convicted of drug conspiracy under 21 U.S.C. §§ 846 and 841. While some circuits hold defendants strictly liable for all the drugs dealt by all members of the conspiracy, other circuits take a fundamentally different approach: they hold individuals... 2022
Mark Osler WHAT WE GOT WRONG IN THE WAR ON DRUGS 17 University of Saint Thomas Law Journal 968 (Spring, 2022) On Friday morning of each week for two years, my phone would ring and each time I would hesitate to answer. The caller was a man named Ronald Blount, an inmate at the federal prison in Beaumont, Texas. I was his lawyer, working on his petition for clemency. I hesitated to answer, because week after week I had no good news to share. Mr. Blount was... 2022
Ryan C. Griffith, Esq. A BREATH OF FRESH AIR: A CONSTITUTIONAL AMENDMENT LEGALIZING MARIJUANA THROUGH AN ARTICLE V CONVENTION OF THE STATES 16 University of Massachusetts Law Review 275 (Spring, 2021) Criminal enforcement of anti-marijuana laws by the United States federal government has been non-sensical for more than twenty years. Culminating, ultimately, in an anomaly within American jurisprudence when California legalized marijuana in 1996 in direct violation of federal law, yet the federal government did little to stop it. Since then, a... 2021
Sarah Brady Siff, Visiting Assistant Professor, Drug Enforcement & Policy Center, Moritz College of Law, The Ohio State University A HISTORY OF EARLY DRUG SENTENCES IN CALIFORNIA: RACISM, RIGHTISM, REPEAT Federal Sentencing Reporter (October 1, 2021) For the past hundred years, harsh drug sentences have had extraordinary support from the public. Historically, enthusiasm for drug prohibition often coincides with affinities for summary justice and authoritarian social control. Escalations of drug sentences in California from 1881 to 1961 followed a pattern of collective myth making and value... 2021
Madison Standon APPLYING THE "WAR ON TERROR" TO THE "WAR ON DRUGS:" THE LEGAL IMPLICATIONS AND BENEFITS OF RECATEGORIZING LATIN AMERICAN DRUG CARTELS AS FOREIGN TERRORIST ORGANIZATIONS 22 San Diego International Law Journal 365 (Spring, 2021) C1-2Table of Contents I. Introduction. 366 A. A Brief History About the War on Drugs. 368 B. The Current International War on Drugs is Ineffective. 370 C. A Brief History About the War on Terror. 372 II. Applicable Law. 375 A. Domestic Laws. 375 1. Terrorism Laws. 375 a. Statutory Law. 375 b. Case Law. 377 2. Drug Laws. 379 B. International Laws.... 2021
Maximilian Plail BANK ACCESS FOR MARIJUANA COMPANIES (BANNED AT FEDERAL LEVEL EVEN THOUGH MARIJUANA IS INCREASINGLY LEGAL AT U.S. STATE LEVEL) 4 Wayne State University Journal of Business Law 132 (2021) Currently, no field of law is giving rise to as many issues as marijuana legislation, with its conflict between the increasing legalization of marijuana by U.S. states, on the one hand, and the strict prohibition of marijuana-related activities under federal law, on the other. Despite the need for change, there is no comparable study that explores... 2021
Julie Andersen Hill CANNABIS BANKING: WHAT MARIJUANA CAN LEARN FROM HEMP 101 Boston University Law Review 1043 (May, 2021) Marijuana-related businesses have banking problems. Many banks explain that, because marijuana is illegal under federal law, they will not serve the industry. Even when marijuana-related businesses can open bank accounts, they still have trouble accepting credit cards and getting loans. Some hope to fix marijuana's banking problems with changes to... 2021
Katie Jaggers CORRECTING INJUSTICES: EXPUNGING PRIOR MARIJUANA CONVICTIONS IS KENTUCKY'S NEXT BEST STEP TOWARDS RESTORATIVE JUSTICE 48 Northern Kentucky Law Review 385 (2021) Imagine a society that allows one person to openly and legally possess a substance while another person serves a prison sentence after being convicted of the crime of having that same substance. This society exists today in Kentucky, and the unfairness this causes could become even starker going forward. As public opinion towards marijuana use... 2021
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