| Author | Title | Citation | Summary | Year |
| Colleen Campbell |
INTERSECTIONALITY MATTERS IN FOOD AND DRUG LAW |
95 University of Colorado Law Review 1 (Winter, 2024) |
Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA's prior restriction on access to contraceptive birth control illustrates how patriarchal and... |
2024 |
| Michael Vitiello |
PROPPING UP CALIFORNIA'S PROP 64: A MINI-WAR ON DRUGS? |
21 Ohio State Journal of Criminal Law 409 (September, 2024) |
Many observers have declared California's experiment with legalizing recreational marijuana to be a failure. For example, the Los Angeles Times has published a series of articles highlighting the law's many failures, including encouraging corruption and incentivizing illegal marketeers. No doubt, many policy wonks or other participants in the... |
2024 |
| Scott Bloomberg , Alexandra Harriman , Shane Pennington |
RE/DESCHEDULING MARIJUANA THROUGH ADMINISTRATIVE ACTION |
76 Oklahoma Law Review 517 (Spring, 2024) |
In October 2022, President Biden requested that the Secretary of Health and Human Services and the Attorney General initiate a procedure to review how marijuana is scheduled under the federal Controlled Substances Act (CSA). The announcement was historic. After more than fifty years of federal prohibition, decades of advocacy and litigation from... |
2024 |
| Kennedy Dickson |
RESIDENTS WELCOME: MARIJUANA REGULATION AND THE DORMANT COMMERCE CLAUSE |
74 Case Western Reserve Law Review 651 (Spring, 2024) |
C1-2Contents Introduction. 651 I. Dormant Commerce Clause Doctrine Overview. 654 II. Marijuana Regulation in the States. 660 III. Recent Dormant Commerce Clause Challenges to State Marijuana Laws. 666 IV. Suggestions for Intrastate Marijuana Market Protection. 674 A. Carve-Out Proposal to Limit Judicial Invalidation of State Laws. 674 1. Per Se... |
2024 |
| Jennifer D. Oliva , Taleed El-Sabawi |
THE "NEW" DRUG WAR |
110 Virginia Law Review 1103 (September, 2024) |
American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the supply of drugs that are labeled as dangerous and addictive. The decisions as to which drugs fall... |
2024 |
| Matthew P. Cavedon |
THE MARIJUANA INSURGENCY: FEDERALISM AND SOCIAL REFRAMING IN POLICY REFORM |
47 Seattle University Law Review 1573 (Summer, 2024) |
After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it. Victory can come from reframing an issue. For marijuana reform, social reframing--not formal legal analysis or material... |
2024 |
| Kathryn Larkin |
THE ROAD LESS TRAVELED BY: THE DECISION OF WHETHER TO BEND TO SOCIETAL CHANGE IN REVOCATION OF PRETRIAL RELEASE FOR MEDICAL MARIJUANA USE |
29 Suffolk Journal of Trial and Appellate Advocacy 255 (2023-2024) |
Pretrial release, commonly referred to as bail, is the release of an individual from jail or prison pending trial. Conditional pre-trial release and detention is a complicated area in the American criminal justice system, causing tensions with the Eighth Amendment, Fourteenth Amendment, and the foundation of the United States' criminal justice... |
2024 |
| Keenan Hunt-Stone |
TRUTH OR DARE? RETHINKING SCHOOL DRUG EDUCATION IN AMERICA |
104 Boston University Law Review 1479 (September, 2024) |
Anyone who went to school in the United States from the late '80s to early 2000s is likely familiar with the DARE program. For decades American schoolchildren across the nation sat through police-led lectures on how to just say no to drugs and alcohol. DARE capitalized on waves of federal funding to ensure DARE-trained police officers were in... |
2024 |
| Marie Boyd |
WHAT ABOUT THE KIDS? ADVANCING A CHILD-CENTERED APPROACH TO FOOD & DRUG LAW |
76 Administrative Law Review 1 (Winter, 2024) |
This Article contends that food and drug law has fallen short in safeguarding and advancing children's health. The Food and Drug Administration's (FDA's) mission is to protect and promote public health, and children's health is an integral part of that. This Article uses the feminist legal method of asking the woman question to examine how food... |
2024 |
| Josh Plummer |
"HIGH" EXPECTATIONS FOR THE VETERAN'S MEDICAL MARIJUANA SAFE HARBOR ACT, BUT NOT HIGH ENOUGH |
13 Wake Forest Law Review Online 14 (5/28/2023) |
Though the use of marijuana has been a very fiercely debated and divisive issue in the United States for nearly a century, the evolution of culture and developments in science have led to rapid shifts in public opinion about the use of marijuana for both recreational and medicinal purposes in recent years. Medical marijuana in particular has had a... |
2023 |
| Jackson Whetsel, Esq. |
(UN)CONSTITUTIONAL CARRY: HOW DRUG AND GUN LAWS CONSPIRE IN STAND YOUR GROUND STATES TO CREATE A DISARMED, SUBMISSIVE CLASS BASED ON RACE |
53 University of Memphis Law Review 571 (Spring, 2023) |
Introduction. 572 I. Tennessee's Form of Constitutional Carry. 577 A. The Tennessee Law Creates an Exception to an Existing Prohibition. 578 B. The Tennessee Law Does Not Remove Any Existing Firearm Prohibitions. 580 C. The Tennessee Law Applies to The Intent to Go Armed. 584 II. How Did We Get Here? DC v. Heller and the Constitutional Basis... |
2023 |
| Claudia DeSalvo |
A COMPARATIVE ANALYSIS OF DRUG LAWS & POLICIES OF THE UNITED STATES & THE NETHERLANDS AND THEIR RESPECTIVE IMPACTS ON SAFE INJECTION SITES AND LIKE SERVICES |
29 ILSA Journal of International and Comparative Law 319 (Winter, 2023) |
I. Introduction. 319 II. Laws and Attitudes in the United States and the Netherlands. 324 A. The United States. 324 1. Overview. 324 2. Difference Between Federal and State Power. 325 3. Federal Law. 326 4. State Law. 328 5. Supervised Injection Sites. 330 B. The Netherlands. 330 1. Overview. 330 2. Drug Law. 332 3. Drug Consumption Rooms. 333 III.... |
2023 |
| Cailin Harrington |
AFTER FIFTY YEARS OF THE WAR ON DRUGS, THE NATION LOOKS WEST: WHY OREGON REQUIRED THE DRUG ADDICTION TREATMENT AND RECOVERY ACT AND WHAT WE CAN LEARN FROM IT |
53 Seton Hall Law Review 1005 (2023) |
Justice Louis Brandeis famously recognized that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. With the passage of Ballot Measure 110 in November 2020, Oregon epitomized Justice Brandeis's sentiment by becoming the first state to... |
2023 |
| Vincent Jones |
CRUEL AND UNUSUAL PUNISHMENT: HOW THE ONGOING WAR ON DRUGS AND DISCRIMNATION IN HEALTHCARE CREATED A VIABLE EIGHTH AMENDMENT CLAIM FOR BLACK INMATES DURING THE COVID-19 PANDEMIC |
33 Health Matrix: Journal of Law-Medicine 537 (2023) |
C1-2Contents Introduction. 538 Part I: The War on Drugs and its Targeted Attack on the Black Community. 539 a. The Key Policies of the War. 542 b. Militarized Policing and Drug Raids. 543 c. The Power of Prosecutors and the Supreme Court. 545 d. The Difficulties of Life After Prison. 547 e. The War on Drugs is Ongoing. 548 Part II: The Impact of... |
2023 |
| Patrick Fouch |
DECRIMINALIZATION: A WAY OUT OF THE UNWINNABLE WAR ON DRUGS |
22 Appalachian Journal of Law 1 (2023) |
Writing this from Appalachia, and having grown up in this community, I have seen how drugs affect every single part of our day-to-day life. Virtually every family has been affected by the drug epidemic. This epidemic, much like the coronavirus pandemic, is a worldwide issue. Different countries have taken a multitude of approaches in dealing with... |
2023 |
| Wayne A. Comstock |
DRUG COURTS: THE RISK OF AN INCREASED NUMBER OF DRUG-RELATED ARRESTS AND LONG JAIL SENTENCES |
13 University of Miami Race & Social Justice Law Review 1 (Spring, 2023) |
ABSTRACT: In June 1971, President Richard Nixon declared a War on Drugs. As the War on Drugs continued throughout the 1980s, drug-related convictions increased, leading to overcrowding in prisons across the United States. Drug courts operate as an alternative to incarceration in which criminal defendants enter court mandated drug treatment... |
2023 |
| Dany Berbari |
DRUG DECRIMINALIZATION AND GUN CRIMINALIZATION: ASSESSING THE COMPATIBILITY OF THESE ASYMMETRICAL BELIEFS FROM A RACIAL JUSTICE LENS |
38 Journal of Law & Politics 135 (Spring, 2023) |
Thomas Frampton, my first-year Criminal Law Professor, began a class on drugs and guns by stating, I want you all to vote on these two questions: (1) Do you support stricter drug laws? (2) Do you support stricter gun laws? Unsurprisingly, very few individuals in the class supported stricter drug laws, while an overwhelming majority backed... |
2023 |
| Taleed El-Sabawi , Jennifer J. Carroll , Morgan Godvin |
DRUG-INDUCED HOMICIDE LAWS AND FALSE BELIEFS ABOUT DRUG DISTRIBUTORS: THREE MYTHS THAT ARE LEAVING PROSECUTORS MISINFORMED |
60 American Criminal Law Review 1381 (Fall, 2023) |
An increasing number of criminal legal system actors, including some prosecutors, have acknowledged that the so-called overdose crisis is a public health problem. Despite this narrative shift, some prosecutors are responding to local overdoses by charging persons who distribute drugs that are linked to a subsequent death with criminal killing.... |
2023 |
| Austin Powell |
EMPLOYMENT LAW--DAZED AND CONFUSED: ARKANSAS EMPLOYERS AND THE ARKANSAS MEDICAL MARIJUANA AMENDMENT OF 2016 |
45 University of Arkansas at Little Rock Law Review 563 (Spring, 2023) |
Has the passage of the Arkansas Medical Marijuana Amendment of 2016 (Amendment) dazed and confused Arkansas employers? Medical marijuana laws have changed the employment landscape. Employers who continue to manage and discipline marijuana users the same way they did as prior to the passage of medical marijuana laws could face repercussions. The... |
2023 |
| Marco S. Attisano, Susan Jacobsen |
FEDERAL DRUG CASE MANDATORY MINIMUMS: THE TIMES THEY ARE A CHANGING (MAYBE) |
25 No. 11 Lawyers Journal 7 (6/2/2023) |
On December 16 of last year, U.S. Attorney General Merrick Garland issued two memorandums; the first (the General Policies memorandum) provides federal prosecutors with guidelines for practices in charging, pleas, and sentencing, including guidelines on mandatory minimum offenses, and the second (the Additional Policies memorandum) limits when... |
2023 |
| M. Logan Blake |
GREENED OUT: IMPROVING VIRGINIA'S RECREATIONAL MARIJUANA LEGISLATION |
17 Liberty University Law Review 237 (Spring, 2023) |
With the passage of the Cannabis Control Act in 2021, Virginia became the first southern state to legalize recreational marijuana. However, the operative language of the new possession statute, a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of marijuana, coupled with the lawful... |
2023 |
| Jose Garcia-Fuerte , William Garriott |
GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS |
53 Environmental Law 169 (Spring, 2023) |
The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... |
2023 |
| Jennifer J. Carroll, Bayla Ostrach, Taleed El-Sabawi |
HEALTH INEQUITIES AMONG PEOPLE WHO USE DRUGS IN A POST-DOBBS AMERICA: THE CASE FOR A SYNDEMIC ANALYSIS |
51 Journal of Law, Medicine & Ethics 549 (Fall, 2023) |
Keywords: Pregnancy, Substance Use, Overdose, Syndemics, Abortion Abstract: Punitive policy responses to substance use and to abortion care constitute direct attacks on personal liberty and bodily autonomy. In this article, we leverage the concept of syndemics to anticipate how the already synergistic stigmas against people who use drugs and... |
2023 |
| U.S. Attorney General |
MEMORANDUM TO ALL FEDERAL PROSECUTORS, ADDITIONAL DEPARTMENT POLICIES REGARDING CHARGING, PLEAS, AND SENTENCING IN DRUG CASES |
2023 Federal Sentencing Reporter 2613201 (2/1/2023) |
December 16, 2022 General Department policies regarding charging an offense, entering into a plea agreement, and making sentencing recommendations are set forth in General Department Policies Regarding Charging, Pleas, and Sentencing (2022) (hereinafter General Policies Memorandum). This memorandum provides additional, specific policies regarding... |
2023 |
| George F. K. Werner |
NORM COMMANDEERING AND THE TOBACCO TRUST |
73 Duke Law Journal 157 (October, 2023) |
In the early 1870s, Durham became a major center of tobacco marketing. Farmers brought their crops to auction warehouses, which then sold them to the town's manufacturers. This was a process facilitated by a well-developed system of social norms. But the formation of the American Tobacco Company's tobacco trust in the 1890s threatened that... |
2023 |
| Steven W. Bender |
RACIAL JUSTICE AND MARIJUANA |
59 California Western Law Review 223 (Spring, 2023) |
Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... |
2023 |
| Annie Jordan |
SEX, DRUGS, AND BALLOT MEASURES: AN ARGUMENT FOR MASSACHUSETTS TO FULLY DECRIMINALIZE PROSTITUTION |
56 Suffolk University Law Review 145 (2023) |
Say that one of those women was a sex worker, then is that person meant to be shamed in their death? Would they have deserved it? The answer is no. On March 16, 2021, an armed shooter killed eight people at two massage businesses associated with prostitution. The shooter told law enforcement the victims were temptations to eliminate. These... |
2023 |
| Melanie McPhail , Tania Bubela , Faculty of Health Sciences, Simon Fraser University, Burnaby V5A 1S6, Canada |
SHOULD CANADA ADOPT MANAGED ACCESS AGREEMENTS IN CANADA FOR EXPENSIVE DRUGS? |
10 Journal of Law & the Biosciences 1 (January-June, 2023) |
Drugs are increasingly authorized based on less mature evidence, leaving payors faced with significant clinical and cost-effectiveness uncertainties. As a result, payors must often choose between reimbursing a drug that may not turn out to be cost-effective (or may even be unsafe) or delaying the reimbursement of a drug that is cost-effective and... |
2023 |
| Justin Danziger |
THE DRUG POLICY REFORM ACT: ANALYZING THE POTENTIAL FUTURE OF UNITED STATES FEDERAL DRUG POLICY |
29 Cardozo Journal of Equal Rights & Social Justice 819 (Summer, 2023) |
C1-2Table of Contents INTRODUCTION. 819 I. BACKGROUND ON THE WAR ON DRUGS. 821 A. Introducing the Drug Policy Reform Act and Laying the Groundwork. 824 II. AN ANALYSIS OF THE DRUG POLICY REFORM ACT. 826 III. THE PROBLEM. 828 A. Addressing the Issue with the United States' Drug Policy. 828 B. The War on Drugs Masked as the War on Minority... |
2023 |
| Kathryn M. Capizzi |
THE HAZY EMPLOYMENT PROTECTIONS FOR MEDICAL MARIJUANA USERS IN THE PENNSYLVANIA MEDICAL MARIJUANA ACT |
26 University of Pennsylvania Journal of Law and Social Change 425 (2023) |
INTRODUCTION. 426 I. ROLLING IT OUT: CONTEMPORARY FEDERAL AND STATE LEGISLATION OF MEDICAL MARIJUANA. 428 A. Federal Legislative History Regulating Marijuana Use. 429 1. The Controlled Substances Act (CSA). 429 2. Food, Drug, and Cosmetics Act (FDCA). 431 3. Americans with Disabilities Act (ADA). 431 4. Supreme Court Precedent: Gonzales v.... |
2023 |
| Jay-Donavin Ved |
THE INFLATION REDUCTION ACT OF 2022: ADDRESSING PRESCRIPTION DRUG COVERAGE |
32 Annals of Health Law Advance Directive 131 (Spring, 2023) |
High prescription drug prices disproportionately impact low-income individuals, uninsured individuals, and people of color. Importantly, the Inflation Reduction Act of 2022 includes several provisions pertaining to lowering prescription drug costs for Medicare recipients and reducing drug spending by the federal government. In particular, this Act... |
2023 |
| Marisa Chamberland |
THE JUDICIAL WAR ON DRUGS: DECIDING WHETHER TO APPLY THE FEDERAL OR STATE DEFINITION OF CONTROLLED SUBSTANCE OFFENSES FOR CAREER OFFENDER SENTENCING ENHANCEMENTS |
28 Suffolk Journal of Trial and Appellate Advocacy 169 (2022-2023) |
[T]he individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. Today, drug-related offenses make up the majority of felony offenses in the United States. Approximately half of the incarcerated population in... |
2023 |
| Kathy Rong Zhou |
THE LAST BLACK TOBACCO UNION: LOCAL 208, SEGREGATED SENIORITY, AND THE INTEGRATING SOUTH |
73 Duke Law Journal 209 (October, 2023) |
After federal reforms in the 1930s protected the right to organize, the Tobacco Workers International Union made quick work of mobilizing the American South. Its unions, though segregated, made strides. Yet Black unions' collective bargaining gains could not transcend one of the South's most oppressive employment practices: segregated systems for... |
2023 |
| Alexandra Lyons |
THE MARITIME DRUG LAW ENFORCEMENT ACT (MDLEA): ONE OF THE DEADLIEST WEAPONS IN AMERICA'S ARSENAL IN THE ONGOING WAR ON DRUGS |
47 Tulane Maritime Law Journal 133 (Winter, 2023) |
I. Introduction. 134 II. Jurisdiction Under International Law. 137 A. Criminal Jurisdiction Under International Law. 137 B. Law of the Flag. 138 III. Expanding Jurisdiction on the High Seas. 140 A. The Enactment of the Maritime Drug Law Enforcement Act. 140 B. The Enforcement of the Maritime Drug Law Enforcement Act. 144 1. Lengthy Detention and... |
2023 |
| Lahny Silva |
THE TRAP CHRONICLES, VOL. 2: A CALL TO RECONSIDER "RISK" IN FEDERAL SUPERVISED RELEASE |
82 Maryland Law Review 530 (2023) |
Introduction. 531 I. History - Life can only be understood backwards; but it must be lived forwards.. 536 A. The Start. 536 1. Passage of the Probation Act of 1925. 539 2. Development of the Federal Probation System. 541 B. The 1960s & 1970s. 544 1. Questioning the Effectiveness of Supervision. 545 2. The Court Weighs In. 547 C. The War. 549 1.... |
2023 |
| Tess A. Chaffee |
WE[ED] THE PEOPLE: HOW A BROADER INTERPRETATION OF THE ROHRABACHER-FARR AMENDMENT EFFECTUATES THE CHANGING SOCIAL POLICY SURROUNDING MEDICAL MARIJUANA |
91 University of Cincinnati Law Review 856 (2023) |
Over the past hundred years, the status of marijuana has shifted from legal to illegal and back again. Although marijuana remains federally illegal under the Controlled Substances Act of 1970, as of 2022, seventy-four percent of states have measures in place allowing medical marijuana use, and an additional twenty percent of states allow for low... |
2023 |
| George A. Couture , Washington, D.C. |
What Version of the Federal Controlled Substances Act Schedules Does ACCA's "Serious Drug Offense" Definition Incorporate? |
51 No. 3 Preview of United States Supreme Court Cases 3 (11/27/2023) |
Petitioners Justin Brown and Eugene Jackson each pleaded guilty in separate proceedings to possessing a firearm following a felony conviction under 18 U.S.C. § 922(g). Brown plead in the Middle District of Pennsylvania, Jackson in the Southern District of Florida. Both were sentenced under the Armed Career Criminal Act (ACCA), which imposes a... |
2023 |
| 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 |