| Author | Title | Citation | Summary | Year |
| 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. ยง 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 |