| Author | Title | Citation | Summary | Year |
| J. Matthew Gorga |
"RETRIBUTION, NOT A SOLUTION": DRUG-INDUCED HOMICIDE IN NORTH CAROLINA |
42 Campbell Law Review 161 (Winter, 2020) |
Two men--we'll call them John and Will--share an apartment. Unfortunately, both men are addicted to heroin. The men are struggling to get by. Neither one of them would consider themselves drug dealers, but both have made minor sales here and there to help support their drug habit, and both have had their share of run-ins with the law. One... |
2020 |
| Lucius T. Outlaw III |
AN HONEST DRUG OFFENDER SENTENCING LETTER |
17 Ohio State Journal of Criminal Law 481 (Spring, 2020) |
To the Honorable United States District Court Judge of District Anywhere USA: Both of us are very familiar with this point in a case. My client has pled guilty to a drug trafficking crime. You have accepted the plea. The presentence report is done and in your hands. The mathematics of the sentencing guidelines is complete. The prosecutor has... |
2020 |
| Walter I. Gonçalves, Jr. |
BANISHED AND OVERCRIMINALIZED: CRITICAL RACE PERSPECTIVES OF ILLEGAL ENTRY AND DRUG COURIER PROSECUTIONS |
10 Columbia Journal of Race and Law 1 (2020) |
Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... |
2020 |
| William Garriott |
CHANGE IS IN THE AIR: THE SMELL OF MARIJUANA, AFTER LEGALIZATION |
45 Law and Social Inquiry 995 (November, 2020) |
Marijuana continues to be legalized throughout the world. In the United States, a unique approach to legalization is taking hold that focuses on the creation of commercial marijuana markets. This article examines the everyday realities of this approach to legalization through a focus on one of marijuana's most legally significant attributes: its... |
2020 |
| Ryan Golden |
DAZED & CONFUSED: THE STATE OF ENFORCEMENT OF MARIJUANA OFFENSES AFTER THE TEXAS HEMP FARMING ACT |
72 Baylor Law Review 737 (Fall, 2020) |
In June 2019, Texas Governor Greg Abbott signed the Texas Hemp Farming Act into law, effective immediately. The Act amends the definition of hemp to include any parts of the plant Cannabis sativa L. that contain no more than a 0.3% concentration of tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana that produces a high.... |
2020 |
| Jeremy Ritter-Wiseman |
DEPARTING FROM THE ORIGINAL GOALS OF THE U.S. SENTENCING GUIDELINES: DRUG SENTENCING DISPARITIES IN THE U.S. DISTRICT OF MARYLAND |
20 University of Maryland Law Journal of Race, Religion, Gender and Class 136 (Spring, 2020) |
In Fiscal Year 2018, the single most prosecuted type of federal crime in the United States District of Maryland was drug trafficking. Drug trafficking, accounting for 32.3% of all federally prosecuted crimes in the District of Maryland, was more than double the amount of the second most prosecuted type of crime, Firearms, which accounted for only... |
2020 |
| Emilie Kurth |
DRUG CONSPIRACY SENTENCING AND SOCIAL INJUSTICE |
91 University of Colorado Law Review 1215 (Fall, 2020) |
The D.C. Circuit in United States v. Stoddard confronted a landmine of criminal and socioeconomic justice issues when it held that mandatory minimum sentences for drug conspiracy offenses should be imposed based on the amount of drugs attributable to the individual defendant (the individualized approach) as opposed to the amount of drugs... |
2020 |
| Douglas B. Marlowe, Timothy Ho, Shannon M. Carey, Carly D. Chadick, National Association of Drug Court Professionals, Alexandria, Virginia, NPC Research, Portland, Oregon, Federal Correctional Institution, Jesup, Georgia |
EMPLOYING STANDARDIZED RISK ASSESSMENT IN PRETRIAL RELEASE DECISIONS: ASSOCIATION WITH CRIMINAL JUSTICE OUTCOMES AND RACIAL EQUITY |
44 Law and Human Behavior 361 (October, 2020) |
Objective: We examined efforts by a Mississippi court to base pretrial release decisions on risk assessment rather than primarily on bond. Hypotheses: (a) Pretrial detention will be shorter than that associated with prevailing bond practices in the same counties. (b) Rearrest rates will be lower than a similar pretrial population in a nearby... |
2020 |
| Douglas A. Berman , Alex Kreit |
ENSURING MARIJUANA REFORM IS EFFECTIVE CRIMINAL JUSTICE REFORM |
52 Arizona State Law Journal 741 (Fall, 2020) |
In less than a decade, marijuana legalization has gone from unthinkable to seemingly unstoppable. The idea was viewed as so far outside the mainstream in 2009 that President Barack Obama's first drug czar Gil Kerlikowske dismissively told a reporter that [l]egalization [was] not in the President's vocabulary. When California voters rejected the... |
2020 |
| Leslie E. Scott |
FEDERAL PROSECUTORIAL OVERREACH IN THE AGE OF OPIOIDS: THE STATUTORY AND CONSTITUTIONAL CASE AGAINST DUPLICITOUS DRUG INDICTMENTS |
51 University of Toledo Law Review 491 (Spring, 2020) |
THE first time I met Donald Hennings was in December of 2016 in the Marshal's Lockup on the fourth floor of the federal courthouse in Buffalo, New York. I was an Assistant Federal Public Defender (AFPD) and had served in that role since 2012. Prior to 2016, I had not had any cases involving fentanyl; in early 2016, however, fentanyl distribution,... |
2020 |
| Joanna S. Suder , Aaron R. Goldstein , Tanisha L. Merced |
FIRST STATE OR FOLLOWER? MARIJUANA IN DELAWARE |
26 Widener Law Review 21 (2020) |
Delaware loves being first. We are known as the First State because we were the first state to ratify the Constitution on December 7, 1787, a day we still celebrate as Delaware Day. We are the First State, even our license plates proclaim it. Despite the focus on scientific and business innovation and love of being first, Delaware has traditionally... |
2020 |
| Megan Guthrie |
GET OFF YOUR HIGH HORSE: DRUGS, BREEDING, AND LAWS OF THE MODERN AMERICAN RACEHORSE |
25 Drake Journal of Agricultural Law 425 (Fall, 2020) |
I. Introduction. 425 II. The American Racehorse Industry. 427 III. Not Stone Colt Sober: Some Drugs of the Modern American Racehorse. 428 A. Common Legal Drugs. 429 1. Lasix. 429 2. Bute. 431 B. Illegal Exotic Painkillers. 433 IV. Going Colt Turkey: Moving Towards Drug Free Racing. 435 V. Many are Colt, Few are Chosen: Breeding Mismanagement. 442... |
2020 |
| Melanie Reid |
GOODBYE MARIJUANA SCHEDULE I--WELCOME TO A POST-LEGALIZATION WORLD |
18 Ohio State Journal of Criminal Law 169 (Fall, 2020) |
Marijuana has been a Schedule I controlled substance under the Controlled Substances Act (CSA) for fifty years. However, the tide has turned, thirty-three states and Washington D.C. have legalized marijuana for either recreational and/or medical use, and it is likely that marijuana will eventually be removed as a Schedule I drug and become legal at... |
2020 |
| Kevin Dalia |
GREEN GARBAGE: A STATE COMPARISON OF MARIJUANA PACKAGING AND WASTE MANAGEMENT |
12 Golden Gate University Environmental Law Journal 175 (Spring, 2020) |
The United States is experiencing a green rush. States have been legalizing cannabis across the nation, and it has created a multi-billiondollar industry. Ten states have created a regulatory structure for commercial sale and use of cannabis and thirty-four states have legalized medical marijuana. A plant that was once exchanged through back-alley... |
2020 |
| Ben Sheppard |
HALF-BAKED: REMEDYING THE CONFUSION BETWEEN STATE MEDICAL CANNABIS PROTECTIONS AND FEDERAL LAWS ON DRUG TESTING FOR FEDERAL CONTRACTORS |
43 University of Hawaii Law Review 231 (Winter 2020) |
In January 2020, Hawai'i Senators Rosalyn Baker (D) and Brian Taniguchi (D) introduced legislation that would grant medical cannabis users employment protections. This proposed legislation forbids employers from taking an adverse employment action solely because of an individual's status as a medical cannabis cardholder or for a positive drug test... |
2020 |
| Meghan Matt |
IN THE AGE OF DECRIMINALIZATION, IS THE ODOR OF MARIJUANA ALONE ENOUGH TO JUSTIFY A WARRANTLESS SEARCH? |
47 Southern University Law Review 459 (Spring, 2020) |
On March 24, 2017, at around 1:45 a.m., Jesse Hill and Nicholas Willis sat in a parked, but running, car in Bronx, New York. Two plain clothes officers in an unmarked vehicle noticed them and pulled them over for what they asserted to be a traffic violation, claiming the defendants were parked in an area with diagonal white lines. This is where the... |
2020 |
| Joshua Taylor |
IS CONGRESS'S DENIAL OF THE SECOND AMENDMENT RIGHT TO MEDICINAL MARIJUANA CARDHOLDERS SUBSTANTIALLY RELATED TO PREVENTING GUN VIOLENCE? |
45 Thurgood Marshall Law Review 75 (Fall, 2020) |
The Second Amendment provides: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Congress enacted, and the lower Courts decided the constitutionality of 18. U.S.C. § 922(g)(3), which states, It shall be unlawful for any person who is an unlawful user... |
2020 |
| Sam Kamin |
MARIJUANA LAW REFORM IN 2020 AND BEYOND: WHERE WE ARE AND WHERE WE'RE GOING |
43 Seattle University Law Review 883 (Spring, 2020) |
2016 was supposed to be a tipping point for marijuana legalization in the United States. Hillary Clinton was a huge favorite to win the presidency and, despite her lukewarm stance on marijuana law reform, many were predicting that the federal ban on marijuana would end during her first term in office. The unexpected election of Donald Trump changed... |
2020 |
| Kimberly A. Houser , Janine Hiller |
MEDICAL MARIJUANA REGISTRIES: A PAINFUL CHOICE? |
57 American Business Law Journal 827 (Winter 2020) |
Though the medical use of marijuana is legal in thirty-three states, it remains illegal under the federal Controlled Substances Act. Any marijuana use can subject individuals to severe criminal and civil penalties under federal law. States that condition patient access and treatment on registration in a state database impose real risks on their... |
2020 |
| Florence Shu-Acquaye |
MEDICAL MARIJUANA: IMPLICATIONS OF EVOLVING TRENDS IN REGULATION |
46 University of Dayton Law Review 25 (Fall, 2020) |
I. INTRODUCTION. 26 II. OVERVIEW OF MARIJUANA REGULATION. 28 III. THE REGULATION OF MARIJUANA AS AN EVOLVING TREND. 30 A. Federalization Proposal. 30 B. Social Justice as a Changing Trend. 31 1. New York. 31 2. New Mexico. 34 3. States Progressively Allocating Marijuana Revenues for Social Good. 34 IV. WHY LEGALIZATION DOES NOT SOLVE THE COLOR BIAS... |
2020 |
| Oliver J. Kim |
ORIGINAL INTENT: WHETHER RECENT REFORMS SIGNAL A LEGISLATIVE BREAK FROM MARIJUANA CRIMINALIZATION UNDER THE CONTROLLED SUBSTANCES ACT |
23 Chapman Law Review 127 (Winter, 2020) |
I. The Controlled Substances Act as the Fifty-year-old Foundation for Modern Drug Policy. 131 A. Early Federal Regulatory Efforts Prior to the CSA. 131 B. The CSA and the Scheduling of Drugs. 134 C. The Political Push to Revise the CSA Toward Criminalization. 136 II. A Trio of New Reforms: Policy Successors to the CSA or Something Different?. 137... |
2020 |
| Keelia Lee |
PANDEMIC, PROTESTS, AND PRISON REFORM? WHY 2020 IS A CATALYST TO RETHINK DRUG POLICY |
33 Saint Thomas Law Review 1 (Fall, 2020) |
The unprecedented events of 2020 have demonstrated the need for major reforms to the criminal justice system in the United States. Protests against police brutality, a symptom of decades of racism, have exposed the systemic failure of policing, which has targeted impoverished minority communities through drug policy under the guise of safety. In... |
2020 |
| Luke Scheuer |
POT, THE FIRST AMENDMENT, AND TAXES: THE IRS'S DENIAL OF 501(C)(6) TAX-EXEMPT STATUS TO MARIJUANA ADVOCACY GROUPS |
26 Widener Law Review 101 (2020) |
Federal law prohibits the sale, possession, and use of marijuana under the Controlled Substances Act. Nevertheless, many states have legalized marijuana for medical or recreational uses and have licensed businesses for the purpose of selling marijuana to the public. As a result, a burgeoning marijuana industry has cropped up, and its participants... |
2020 |
| Kamaria A. Guity |
RECREATIONAL MARIJUANA LEGALIZATION IN NEW JERSEY: THE FORMULA FOR A BILL THAT ACCOUNTS FOR RACIAL INJUSTICE |
21 Rutgers Race & the Law Review 23 (2020) |
African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different... |
2020 |
| Melissa Perlman |
REEFER BLUES: BUILDING SOCIAL EQUITY IN THE ERA OF MARIJUANA LEGALIZATION |
24 U.C. Davis Social Justice Law Review 95 (Summer, 2020) |
This article is inspired by the convergence of entrepreneurship as a way to build social and economic value and the need for the equity conversation. Diversity in the market is what keeps it running, but the barriers to entry for minority entrepreneurs often prevent them from participating in the mainstream economy. With marijuana legalization on... |
2020 |
| Daniel P. Peyton |
RETROACTIVE JUSTICE: TOWARD FUNDAMENTAL FAIRNESS IN RESENTENCING CRACK COCAINE OFFENDERS UNDER SECTION 404 OF THE FIRST STEP ACT |
54 University of Richmond Law Review 1165 (May, 2020) |
In a rare bipartisan moment under the Trump presidency, Congress passed a celebrated criminal justice reform package, the First Step Act of 2018. The law was necessary to begin remedying decades of an unduly harsh and discriminatory drug sentencing regime, which ushered in the era of mass incarceration. Section 404 of the First Step Act mitigates... |
2020 |
| Deborah M. Ahrens |
RETROACTIVE LEGALITY: MARIJUANA CONVICTIONS AND RESTORATIVE JUSTICE IN AN ERA OF CRIMINAL JUSTICE REFORM |
110 Journal of Criminal Law and Criminology 379 (Summer, 2020) |
The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what... |
2020 |
| Deborah Ahrens |
SAFE CONSUMPTION SITES AND THE PERVERSE DYNAMICS OF FEDERALISM IN THE AFTERMATH OF THE WAR ON DRUGS |
124 Dickinson Law Review 559 (Spring, 2020) |
In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users--an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of... |
2020 |
| Mathew Swinburne, Kathleen Hoke |
STATE EFFORTS TO CREATE AN INCLUSIVE MARIJUANA INDUSTRY IN THE SHADOW OF THE UNJUST WAR ON DRUGS |
15 Journal of Business & Technology Law 235 (2020) |
Even though marijuana is illegal under federal law, state legislative efforts have created a booming legal marijuana industry. California was the first state to legalize marijuana for medical purposes in 1996. Now 33 states and the District of Columbia have medical marijuana programs and 11 states and the District of Columbia have legalized... |
2020 |
| Desmond Jenson, J.D. |
TEN YEARS OF FDA TOBACCO REGULATION: LESSONS FOR PUBLIC HEALTH STAKEHOLDERS |
40 Journal of Legal Medicine 335 (December, 2020) |
In the 10 years that the U.S. Food and Drug Administration (FDA) has been regulating tobacco products, the agency has been plagued with setbacks, some of its own making, and some the result of outside forces. What has been consistently true is that the public health community has not had as much of a voice as it should have until public health... |
2020 |
| Erica Zunkel, Alison Siegler |
THE FEDERAL JUDICIARY'S ROLE IN DRUG LAW REFORM IN AN ERA OF CONGRESSIONAL DYSFUNCTION |
18 Ohio State Journal of Criminal Law 283 (Fall, 2020) |
While state drug law reform is moving apace, federal drug law reform has moved much more slowly. Many, including the Judicial Conference of the United States and the United States Sentencing Commission, have urged Congress to enact substantive federal drug law reform for years. But Congress has not acted. As a result, the federal system continues... |
2020 |
| Pebbles Fagan, PhD, MPH , Thomas Eissenberg, PhD , Dina M. Jones, PhD, MPH , Joanna E. Cohen, PhD , Patricia Nez Henderson, MD, MPH , Mark S. Clanton, MD, MPH |
THE FIRST 10 YEARS: REFLECTING ON OPPORTUNITIES AND CHALLENGES OF THE TOBACCO PRODUCTS SCIENTIFIC ADVISORY COMMITTEE OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION |
40 Journal of Legal Medicine 293 (December, 2020) |
Introduction: Tobacco control policies have helped to reduce the health, social, and economic burden of commercial tobacco use worldwide. Little is known about the long-term impact of regulatory policies and functioning bodies that make recommendations to inform policies. The Tobacco Products Scientific Advisory Committee (TPSAC) of the U.S. Food... |
2020 |
| Cece White |
THE SATIVAS AND INDICAS OF PROOF: WHY THE SMELL OF MARIJUANA SHOULD NOT ESTABLISH PROBABLE CAUSE FOR A WARRANTLESS VEHICLE SEARCH IN ILLINOIS |
53 UIC John Marshall Law Review 187 (Fall, 2020) |
I. Introduction. 188 A. Marijuana: A Legal Substance Unlike Any Other. 188 B. Comment Overview. 192 II. Background. 193 A. The Fourth Amendment & Expectations of Privacy. 193 B. The Automobile Exception to the Fourth Amendment's Warrant Preference. 197 C. Probable Cause in the Context of an Automobile. 198 D. Plain View Doctrine & its Extension... |
2020 |
| Antonia Eliason , Robert Howse |
TOWARDS GLOBAL GOVERNANCE: THE INADEQUACIES OF THE UN DRUG CONTROL REGIME |
114 AJIL Unbound 291 (2020) |
Human rights and the UN drug control regime have long had an uneasy relationship, which is evident today in the tensions that exist between criminal justice reform advocates, the institutions of the UN drug control regime, and economic interests that stand to benefit from decriminalization and legalization efforts. The UN drug control regime's... |
2020 |
| Steve P. Calandrillo , Katelyn Fulton |
"HIGH" STANDARDS: THE WAVE OF MARIJUANA LEGALIZATION SWEEPING AMERICA IGNORES THE HIDDEN RISKS OF EDIBLES |
80 Ohio State Law Journal 201 (2019) |
As a tide of marijuana legalization sweeps across the United States, there is a surprising lack of scrutiny as to whether the benefits of recreational marijuana outweigh the risks. Notably, marijuana edibles present special risks to the population that are not present in smoked marijuana. States that have legalized recreational marijuana are seeing... |
2019 |
| Wesley A. Shumway |
2017 DRUG LAWS IN WEST VIRGINIA: THE WRONG PRESCRIPTION FOR THE STATE'S OPIOID CRISIS |
123 Penn State Law Review 559 (Winter, 2019) |
The United States has been devastated by an opioid epidemic. The 1990s, with shifting views of pain management and aggressive marketing of OxyContin, saw the beginning of a crisis that has taken the country by storm. Pain medication prescription rates skyrocketed throughout the United States, and as a result, addiction, overdose, and death have... |
2019 |
| Cara O'Connor |
A GUIDING HAND OR A SLAP ON THE WRIST: CAN DRUG COURTS BE THE SOLUTION TO MATERNAL OPIOID USE? |
109 Journal of Criminal Law and Criminology 103 (Winter, 2019) |
As the opioid epidemic has expanded its reach, the number of pregnant women addicted to opioids has increased exponentially in recent years. The increase in the number of opioid-addicted pregnant women has resulted in a drastic expansion in the number of newborns who experience Neonatal Abstinence Syndrome (NAS). Newborns affected with NAS... |
2019 |
| Susan F. Mandiberg |
A HYBRID APPROACH TO MARIJUANA FEDERALISM |
23 Lewis & Clark Law Review 823 (2019) |
With the evident indulgence of the United States Department of Justice, states are jumping on the bandwagon of legalizing medicinal and recreational marijuana even though marijuana use is criminalized under the Federal Controlled Substances Act. The possibility that the federal government will at some point decriminalize marijuana use poses a... |
2019 |
| Brendan Walden |
ADDICTED TO THE WAR ON DRUGS |
5 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2019) |
Introduction. 1 I. America's Drug Problem Introduction. 2 II. Institutional Barriers and Solutions. 5 III. The Battle for Harm Reduction in Philadelphia. 8 IV. Social Work & the Path Forward. 12 Conclusion. 13 |
2019 |
| Leo Beletsky |
AMERICA'S FAVORITE ANTIDOTE: DRUG-INDUCED HOMICIDE IN THE AGE OF THE OVERDOSE CRISIS |
2019 Utah Law Review 833 (2019) |
Nearing the end of its second decade, the overdose crisis in the United States continues to claim tens of thousands of lives. Despite the rhetorical emphasis on a public health approach, criminal law and its enforcement continue to play a central role among policy responses to this crisis. A legacy of the 1980s War on Drugs, statutory provisions... |
2019 |
| Sam Kamin |
COLORADO MARIJUANA REGULATION FIVE YEARS LATER: HAVE WE LEARNED ANYTHING AT ALL? |
96 Denver Law Review 221 (Winter, 2019) |
This Article is based on the 2018 University Lecture of the same name that I presented at the University of Denver on April 24, 2018. January 1, 2019 marks five years of taxed and regulated adult-use marijuana in Colorado. In this Article, I address much of the misinformation and hyperbole that has been disseminated regarding this... |
2019 |
| Seth J. Prins, Columbia University |
CRIMINOGENIC OR CRIMINALIZED? TESTING AN ASSUMPTION FOR EXPANDING CRIMINOGENIC RISK ASSESSMENT |
43 Law and Human Behavior 477 (October, 2019) |
Objectives: Proponents of criminogenic risk assessment have called for its widespread expansion throughout the criminal justice system. Its success in predicting recidivism is taken as evidence that criminogenic risks tap into the causes of criminal behavior, and that targeting these factors can reduce correctional supervision rates and even... |
2019 |
| Craig J. Konnoth |
DRUGS' OTHER SIDE-EFFECTS |
105 Iowa Law Review 171 (November, 2019) |
Drugs often induce unintended, adverse physiological reactions in those that take them--what we commonly refer to as side-effects. However, drugs can produce other, broader, unintended, even non-physiological harms. For example, some argue that taking Truvada, a drug that prevents HIV transmission, increases promiscuity and decreases... |
2019 |
| Emily Ponder Williams |
FAIR HOUSING'S DRUG PROBLEM: COMBATTING THE RACIALIZED IMPACT OF DRUG-BASED HOUSING EXCLUSIONS ALONGSIDE DRUG LAW REFORM |
54 Harvard Civil Rights-Civil Liberties Law Review 769 (Summer, 2019) |
Five years after her release from incarceration and a decade after her last and only conviction for the sale of a controlled substance, Veronica Martinez was deemed too dangerous for admission as a New York City Housing Authority tenant. Martinez was considered dangerous, despite her showing that the conviction arose from a coercive, abusive... |
2019 |
| Olivia Li |
FROM HOUSING TO HEALTH: IMAGINING ANTIDISCRIMINATION PROVISIONS FOR MENTHOL CIGARETTE MARKETING |
9 Columbia Journal of Race and Law 369 (2019) |
Smoking has been decreasing steadily over the past several decades, but advertisers still target some populations for cigarette consumption. Currently, almost nine out of ten African American smokers smoke mentholated cigarettes compared to only one in four White Americans. This disparity in use came about through decades of targeted marketing... |
2019 |
| Jelani Jefferson Exum |
FROM WARFARE TO WELFARE: RECONCEPTUALIZING DRUG SENTENCING DURING THE OPIOID CRISIS |
67 University of Kansas Law Review 941 (June, 2019) |
The War on Drugs officially began in 1971 when President Nixon decried drug abuse as public enemy number one. The goal of the war rhetoric was clear--to cast drug abuse and the drug offender as dangerous adversaries of the law-abiding public, requiring military-like tactics to defeat. Criminal sentencing would come to be the main weapon used in... |
2019 |
| Ilya Shapiro, Matthew Larosiere |
HIGH ON FEDERALISM: MARIJUANA'S CHALLENGE TO FEDERAL-STATE RELATIONS |
11 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 341 (2018-2019) |
Our discussion of federalism as it relates to the ever-so-tumultuous marijuana issue is rooted in the Commerce Clause and an understanding of Gonzales v. Raich, the 2005 case in which the Supreme Court ruled that the federal government can indeed regulate the plants you grow in your own backyard for your own individual use. This decision came... |
2019 |
| Josh Bowers , Daniel Abrahamson |
KICKING THE HABIT: THE OPIOID CRISIS, AMERICA'S ADDICTION TO PUNITIVE PROHIBITION, AND THE PROMISE OF FREE HEROIN |
80 Ohio State Law Journal 787 (2019) |
There is no single cause of America's opioid crisis. But unethical physicians and unscrupulous prescription practices undoubtedly have contributed. The federal government has responded predictably: criminally prosecuting doctors who prescribe opioids to the drug dependent. The approach may seem sensible, but it as wrongheaded as our century-old... |
2019 |
| Lewis A. Grossman |
LIFE, LIBERTY, [AND THE PURSUIT OF HAPPINESS]: MEDICAL MARIJUANA REGULATION IN HISTORICAL CONTEXT |
74 Food & Drug Law Journal 280 (2019) |
It was 7:45 p.m. on Election Day, 1996. The thousands of people assembled in and around the Cannabis Buyers Club (CBC) on San Francisco's Market Street were eager for the polls to close in fifteen minutes so they could start smoking weed. The crowd had gathered for a victory party celebrating the expected passage of California Proposition 215, the... |
2019 |
| Michael Vitiello |
MARIJUANA LEGALIZATION, RACIAL DISPARITY, AND THE HOPE FOR REFORM |
23 Lewis & Clark Law Review 789 (2019) |
The criminalization of marijuana is rooted in a deeply racist history and has devastated minority communities. Studies show that usage of the drug is consistent across racial groups, but arrests of minorities are nevertheless higher than arrests of white offenders. Indeed, those kinds of disparities have persuaded some voters and policy makers to... |
2019 |