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Legalizing Marijuana: California's Pot of Gold?
University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 2009 Legalizing Marijuana: California’s Pot of Gold? Michael Vitiello Pacific cGeM orge School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Criminal Law Commons Recommended Citation Michael Vitiello, Legalizing Marijuana: California’s Pot of Gold?, 2009 Wis. L. Rev. 1349. This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. ESSAY LEGALIZING MARUUANA: CALIFORNIA'S POT OF GOLD? MICHAEL VITIELLO* In early 2009, a member of the California Assembly introduced a bill that would have legalized marijuana in an effort to raise tax revenue and reduce prison costs. While the bill's proponent withdrew the bill, he vowed to renew his efforts in the next term. Other prominent California officials, including Governor Schwarzenegger, have indicated their willingness to study legalization in light of California's budget shortfall. For the first time in over thirty years, politicians are giving serious consideration to a proposal to legalize marijuana. But already, the public debate has degenerated into traditional passionate advocacy, with ardent prohibitionists raising the specter of doom, and marijuana advocates promising billions of dollars in tax revenues and reduced prison costs. Rather than rehashing the old debate about legalizing marijuana, this Essay offers a balanced view of the proposal to legalize marijuana, specifically as a measure to raise revenue and to reduce prison costs. -
Legalization of Marijuana and the Conflict with International Drug Control Treaties
Legalization of Marijuana and the Conflict with International Drug Control Treaties Biju Panicker* Independent Study Spring 2015 Professor Jalila Jefferson-Bullock Abstract The present system of worldwide drug control is based upon three international conventions: the Single Convention on Narcotic Drugs as amended by the 1972 Protocol, the 1971 Convention on Pyschotropic Substances, and the 1988 Convention Against Illicit Trafficking of Narcotic Drugs and Psychotropic Substances. These treaties require participating nations to limit and even criminalize the possession, use, trade, and distribution of drugs outside of medical and scientific purposes, and work together to stop international drug trafficking. This paper argues that the recent move toward legalization of use, possession, and sales of marijuana in the United States (U.S.) and other foreign nations is in conflict with international treaty obligations. While each state in the U.S. has its own drug laws and controlled substances acts, the Supremacy Clause of the U.S. Constitution places international treaties on the same legal footing as federal law. Under this argument, Alaska, Colorado, Oregon, Washington, Washington D.C., as well as Uruguay and The Netherlands’ legalization of marijuana for recreational use, allowance of possession and sales, is in contravention of U.S. federal law and international treaties. Finally, this paper will also look at Portugal’s 2001 decision to decriminalize all drug use to answer the question as to whether the international drug treaties place a “firm limitation” on the legal, “non-medical” sale of schedule drug or truly obligate countries to penalize drug use. Keywords: Marijuana Legalization, International Conventio * © Biju Panicker, J.D. -
Preventing Drug-Related Deaths at Music Festivals: Why the "Rave" Act Should Be Amended to Provide an Exception for Harm Reduction Services
Chicago-Kent Law Review Volume 93 Issue 3 Comparative and Cross-Border Issues in Article 12 Bankruptcy and Insolvency Law 9-18-2018 Preventing Drug-Related Deaths at Music Festivals: Why the "Rave" Act Should be Amended to Provide an Exception for Harm Reduction Services Robin Mohr Chicago-Kent College of Law Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Criminal Law Commons, Entertainment, Arts, and Sports Law Commons, Food and Drug Law Commons, and the Legislation Commons Recommended Citation Robin Mohr, Preventing Drug-Related Deaths at Music Festivals: Why the "Rave" Act Should be Amended to Provide an Exception for Harm Reduction Services, 93 Chi.-Kent L. Rev. 943 (2018). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol93/iss3/12 This Notes is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. PREVENTING DRUG-RELATED DEATHS AT MUSIC FESTIVALS: WHY THE “RAVE” ACT SHOULD BE AMENDED TO PROVIDE AN EXCEPTION FOR HARM REDUCTION SERVICES ROBIN MOHR INTRODUCTION Amid flashing lights and pulsing beats, nearly 100,000 electronic dance music fans attended Electric Zoo on New York’s Randall’s Island in August 2013.1 Unfortunately the party was cut short. Following the deaths of two young fans, the final day of the three-day music festival was can- celed at the request of city authorities.2 In separate incidents, Olivia Ro- tondo, a twenty-year-old University of New Hampshire student, and Jeffrey Russ, a twenty-three-year-old Syracuse University graduate,3 died after collapsing at Electric Zoo with high body temperatures.4 Toxicology results revealed that Ms. -
The Rise and Decline of Cannabis Prohibition the History of Cannabis in the UN Drug Control System and Options for Reform
TRANSNATIONAL I N S T I T U T E THE RISE AND DECLINE OF CANNABIS PROHIBITION THE HISTORY OF CANNABIS IN THE UN DruG CONTROL SYSTEM AND OPTIONS FOR REFORM 3 The Rise and Decline of Cannabis Prohibition Authors Dave Bewley-Taylor Tom Blickman Martin Jelsma Copy editor David Aronson Design Guido Jelsma www.guidojelsma.nl Photo credits Hash Marihuana & Hemp Museum, Amsterdam/ Barcelona Floris Leeuwenberg Pien Metaal UNOG Library/League of Nations Archives UN Photo Printing Jubels, Amsterdam Contact Transnational Institute (TNI) De Wittenstraat 25 1052 AK Amsterdam Netherlands Tel: +31-(0)20-6626608 Fax: +31-(0)20-6757176 [email protected] www.tni.org/drugs www.undrugcontrol.info www.druglawreform.info Global Drug Policy Observatory (GDPO) Research Institute for Arts and Humanities Rooms 201-202 James Callaghan Building Swansea University Financial contributions Singleton Park, Swansea SA2 8PP Tel: +44-(0)1792-604293 This report has been produced with the financial www.swansea.ac.uk/gdpo assistance of the Hash Marihuana & Hemp Museum, twitter: @gdpo_swan Amsterdam/Barcelona, the Open Society Foundations and the Drug Prevention and Information Programme This is an Open Access publication distributed under (DPIP) of the European Union. the terms of the Creative Commons Attribution License The contents of this publication are the sole responsibility (http://creativecommons.org/licenses/by/2.0), which of TNI and GDPO and can under no circumstances be permits unrestricted use, distribution, and reproduction regarded as reflecting the position of the donors. in any medium, provided the original work is properly cited. TNI would appreciate receiving a copy of the text in which this document is used or cited. -
Pathways to Drug Policies That Work
TAKING CONTROL: PATHWAYS TO DRUG POLICIES THAT WORK SEPTEMBER 2014 Apu Comes/Folhapress GLOBAL COMMISSION ON DRUG POLICY MEMBERS Kofi Annan Aleksander Kwasniewski chairman of the Kofi Annan Foundation and former former President of Poland Secretary-General of the United Nations, Ghana Ricardo Lagos Louise Arbour former President of Chile former UN High Commissioner for Human Rights, Canada George Papandreou CONTENTS former Prime Minister of Greece Pavel Bém Foreword from THE CHAIR 04 former mayor of Prague, Czech Republic Jorge Sampaio former President of Portugal EXECUTIVE Summary 06 Richard Branson entrepreneur, advocate for social causes, founder of the George Shultz THE ‘WAR ON DRUGS’ HAS FAILED Virgin Group, cofounder of The Elders, United Kingdom former Secretary of State, United States – NEW approaches ARE EMERGING 10 (honorary chair) Fernando Henrique Cardoso KEY pathways to drug POLICIES that work 16 former President of Brazil (chair) Javier Solana former European Union High Representative for the 2.1 Put people’s health and safety first 18 Maria Cattaui Common Foreign and Security Policy, Spain 2.2 Ensure access to essential medicines and pain control 20 former Secretary-General of the International 2.3 End the criminalization and incarceration of people who use drugs 21 Chamber of Commerce, Switzerland Thorvald Stoltenberg 2.4 Refocus enforcement responses to drug trafficking and organized crime 23 former Minister of Foreign Affairs and UN High Ruth Dreifuss Commissioner for Refugees, Norway 2.5 Regulate drug markets to put governments in control 26 former Minister of Social Affairs and former President of Switzerland Mario Vargas Llosa GLOBAL LEADERSHIP FOR MORE EFFECTIVE AND HUMANE POLICIES 32 writer and public intellectual, Peru Cesar Gaviria References and Notes 37 former President of Colombia Paul Volcker former Chairman of the US Federal Reserve and of the Annex. -
“Include Me, Or Deal with Me, but I Am Not Going Away” #SELLWEEDLIKEIMWHITE (
“Include me, or deal with me, but I am not going away” #SELLWEEDLIKEIMWHITE (http://www.njweedman.com/NJ_White_Only_Marijuana_Industry.pdf) Forchion created this meme of Mercer County Prosecutor Onofri after 2016 arrest Ed “NJ Weedman” Forchion is a soft-spoken, charismatic man. Ed earned his celebrity status as a cannabis legalization and free speech activist in his home state of New Jersey and around the country. If you spend any time with him in public the cries of “Hey Weedman” never seem to stop. At his restaurant/sanctuary in Trenton “NJ Weedman’s Joint”, people flock to hang out for an hour or an evening. And, of course, they come to smoke with the Weedman himself. https://www.vice.com/en_ca/article/zm5enw/jerseys-weedman-is-the-hero-america-needs NOMINATED 4 VICE HERO - NJWEEDMAN IS THE HERO AMERICA NEEDS Under that charismatic exterior is a man on a serious mission. “For as long as I’ve been living, there’s been a war waged on us. A war declared by the government against us”. Ed is declaring that war over and the black market is the winner. He defines the black market as those who have been selling weed and serving the people of New Jersey for years. “That black market is thriving. There is more weed than ever before. The public has accepted it. New Jersey stands on the cusp of legalizing weed, but now that same black market is being excluded. The black market won the war, in all wars the winner divvies up the spoils of war, not the loser. -
Candidate Biographies
Page 12 Thursday, October 31, 2002 The Westfield Leader and THE TIMES of Scotch Plains – Fanwood A WATCHUNG C OMMUNICATIONS, INC. PUBLICATION Candidate Biographies U.S. Senate Union County Freeholders Congress Name: Frank Lautenberg Name: Nicholas P. Scutari Name: Rick Proctor Commission; Council representative on Plan- Name: Elyse Bochicchio Medved Name: Mike Ferguson Candidate For: US Senate Candidate For: Freeholder Candidate For: Union County ning Board (elected by Council) Environ- Candidate For: Freeholder Candidate For: 7th Congressional Party: Democrat Party: Democrat Freeholder mental Commission former member (chair Party: Republican District Professional Background: The candidate Professional Experience: The candidate Party: Democrat for 3 years); Union County Local Advisory Professional Background: The candidate Party: Republican helped found the is an attorney with the firm of Levinson, Professional Background: The incum- Committee on Alcoholism and Drug Abuse. is a former Hunter Professional Background: The in- nation’s first payroll bent is currently the cumbent was an educator and small Axelrod. Developed a reform of the grant-making College Admis- services company, Education: Mr. Scutari has a Bachelor of Health Officer to sions Recruiter and business owner prior to his election to Automatic Data Pro- Arts Degree in Psychology from Kean Rahway, Scotch process which was subsequently adopted by is currently a substi- Congress. cessing, and served University, which he received in three Plains, Hillside and the State of New Jersey. Former member tute teacher. Education: Congressman Ferguson as chairman and years; a master’s degree in psychology Winfield. (chair for 3 years), Planning Board; Borough Education: The earned his CEO. from Rutgers University and a law degree Education: Free- of Fanwood; Blocked sale of LaGrande candidate holds a bachelor’s degree Education: The can- from the Thomas Cooley Law School. -
The Evolution of Popular Culture and the Legal Treatment of Marijuana
The Chronic 2013: The Evolution of Popular Culture and the Legal Treatment of Marijuana November 12, 2013 Owen M. Panner Inn of Court 1906 - Pure Food and Drugs Act Requires Labeling of Medicine, Including Cannabis Label for Piso's Cure, a cannabis-based medicine, after the passage of the 1906 Pure Food and Drug Act Source: antiquecannabisbook.com (accessed Dec. 12, 2011) "[O]n 30 June 1906 President Roosevelt signed the Food and Drugs Act, known simply as the Wiley Act... The basis of the law rested on the regulation of product labeling rather than pre-market approval." US Food and Drug Administration (FDA) "FDA History - Part I," FDA website (accessed Dec. 28, 2011) "An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes... That for the purposes of this Act an article shall also be deemed to be misbranded... if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein." Pure Food and Drug Act (1906) , National Center for Biotechnology Information website, June 30, 1906 Source: http://medicalmarijuana.procon.org/view.timeline.php?timelineID=000026 1911 - Massachusetts Becomes First State to Outlaw Cannabis "Bolstered by Progressive Era faith in big government, the 1910s marked a high tide of prohibitionist sentiment in America. In 1914 and 1916, alcohol prohibition initiatives would make the state ballot. -
Program Book
PROGRAM BOOK THE 8TH INTERNATIONAL CONFERENCE ON NIGHTLIFE, SUBSTANCE USE AND RELATED HEALTH ISSUES May 28-30, 2013 TABLE OF CONTENTS WELCOME 1 CONFERENCE SCHEDULE 2-6 PARALLEL SESSIONS 8-16 POSTERS 17 INFORMATION FOR ATTENDEES 18 WELCOME TO CLUB HEALTH SAN FRANCISCO 2013 WELCOME TO CLUB HEALTH SAN FRANCISCO 2013, THE 8TH INTERNATIONAL CONFERENCE ON NIGHTLIFE, SUBSTANCE USE AND RELATED HEALTH ISSUES. THIS EVENT MARKS ALMOST FIFTEEN YEARS OF INTERNATIONAL CLUB HEALTH CONFERENCES, AND THE FIRST TIME SUCH AN EVENT HAS HAPPENED IN THE AMERICAS. We’re EXCITED TO BRING EXPERTS FROM EUROPE, AUSTRALIA AND ASIA TOGETHER WITH THOSE FROM NORTH AND SOUTH AMERICA FOR THE FIRST TIME. We’re hosting Club Health in San Francisco not just because the city is known for its diverse and vibrant nightlife, but also because it is among the best in North America for implementing progressive, health-oriented nightlife policies that arise out of a process that keeps the whole community in mind. Our local partners – the San Francisco Public Health Department, the California Music and Culture Association and the San Francisco Entertainment Commission – are a sign of that commitment. The people in San Francisco have realized something that more cities across the United States, Canada and even Mexico and South America are starting to see: that a city’s nightlife powers its economic engine, and gives it a particular quality that makes it compelling to visit. Nightlife has value for its business and cultural aspects, but it also presents significant health and safety -
Preloading and Post-Loading Among Ecstasy-Using Youth^
Mediating MDMA-Related Harm: Preloading and Post-loading Among Ecstasy-Using Youth^ Brian C. Kelly, Ph.D.* Abstract—Ecstasy use remains a key concern for professionals working in fields related to youth and drug use. At the forefront of these concerns are issues related to neurological dysfunction and depression—both acute and long-term—associated with MDMA use. Ecstasy users have been shown • to assess Ecstasy related harms and to engage in a variety of practices to manage these risks. To contend with risk related to neurological dysfunction and depression, some youth have tumed to "preloading" and "post-loading": the practice of consuming other substances to mitigate the negative effects of Ecstasy. Drawing upon data from an ethnographic study of club drug use among youth, the author provides a descriptive profile of the practices of preloading and post-loading as well as the motivations underlying these behaviors among New York City area youth. Youth utilize a range of preloading and post-loading practices, yet do not universally share similar practices, attitudes, and knowledge. It is critical to link clinical and behavioral sciences research to further study both the efficacy and safety of these practices. Keywords—club drugs. Ecstasy, harm reduction, pre-loading, post-loading, youth With the global surge in Ecstasy use during recent de- between 1996 and 2001, with lifetime prevalence figures cades, and the potential for harm associated with the use of almost doubling (Johnston, O'Malley & Bachman 2002). Ecstasy, the continued study of the negative consequences U.S. national data suggests similar increases during that time related to Ecstasy use is critical. -
Petition to Reschedule Cannabis (Marijuana) Per 21 CFR §1308.44(B)
Petition to Reschedule Cannabis (Marijuana) per 21 CFR §1308.44(b) Filed with the Drug Enforcment Administration by The Coalition for Rescheduling Cannabis www.drugscience.org October 9, 2002 PETITION TO RESCHEDULE CANNABIS (MARIJUANA) Exhibit A. Statement of the proposed rule .........................................................................................................3 Exhibit B. Statement of grounds..........................................................................................................................4 Part I – Introduction of argument.........................................................................................................................4 Part II -- Description of new relevant information............................................................................................10 I. Accepted medical use in the United States ...........................................................................................10 State laws.................................................................................................................................................10 Medical professionals ..............................................................................................................................10 Patients' experience and their confirmation by early studies...................................................................10 Reviews of earlier clinical studies ...........................................................................................................10 -
Drug Criminalization Vs. Harm Reduction
Running head: DRUG CRIMINALIZATION VS. HARM REDUCTION The Ideological Conflict between the Criminalization of Drug Use and Harm Reduction Programming Jessica Murray, M.A. Submitted in fulfillment of the requirements of Master of Arts in Criminology Faculty of Social Science and Humanities University of Ontario Institute of Technology Oshawa, Ontario February, 2019 DRUG CRIMINALIZATION VS. HARM REDUCTION Abstract Policies that criminalize individuals who use drugs were first enacted for the purpose of imposing deviant identities on impoverished and racialized communities. These policies, which are disproportionately enforced, have serious social, economic, and public health implications. Harm reduction philosophies seek to alleviate these consequences, but access to such programming is impeded by the stigma, enforcement, and professionalization of service provision associated with repressive drug policies. The failed War on Drugs is in opposition to harm reduction principles, thus exacerbating the harms of drug use in addition to generating unique harms of its own. In order to achieve justice for the drug using community, the mobilization of drug policy reform advocacy at all levels is necessary. In order to contextualize the stigma faced by individuals who use drugs, this report will illustrate the social construction of drug use as immoral and subsequent labelling of people who use drugs as deviant in an examination of the historical context of drug prohibitions and harm reduction philosophies. In highlighting the empirical evidence in support of harm reduction programming, I identify gaps in service provision and assess the ways in which prohibitory drug policies act as a barrier to service delivery, and in conclusion, provide recommendations for policy reform and means for achieving structural change.