Abstract

http://ssrn.com/abstract=1366422
 


 



No Rational Basis: The Pragmatic Case for Marijuana Law Reform


Eric D. Blumenson


Suffolk University Law School

Eva S. Nilsen


Boston University School of Law

March 21, 2009

Suffolk University Law School Research Paper No. 09-19
Virginia Journal of Social Policy and the Law, Vol. 17, 2009

Abstract:     
This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700,000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform policies, including both decriminalization and legalization under a regulatory scheme.

Number of Pages in PDF File: 37

Keywords: criminal law, drug war, marijuana, public health, ONDCP

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Date posted: March 23, 2009 ; Last revised: September 1, 2009

Suggested Citation

Blumenson, Eric D. and Nilsen, Eva S., No Rational Basis: The Pragmatic Case for Marijuana Law Reform (March 21, 2009). Suffolk University Law School Research Paper No. 09-19; Virginia Journal of Social Policy and the Law, Vol. 17, 2009. Available at SSRN: http://ssrn.com/abstract=1366422

Contact Information

Eric Blumenson (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
(617) 305-1967 (Phone)
(617) 305-3087 (Fax)
Eva S. Nilsen
Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-4255 (Phone)
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