Footnotes

... drugs^{<#1526#>1<#1526#>}^{<#1526#>1<#1526#>}: <#492#>``A drug has been defined as `any substance other than food which by its chemical nature affects the structure or function of the living organism.';SPMnbsp;;SPMquot; Steven Jonas, Solving the Drug Problem: A Public Health Approach to the Reduction of the Use and Abuse of Both Legal and Illegal Recreational Drugs, 18 Hofstra L. Rev.~751, 751 (1990) (quoting National Comm'n on Marihuana and Drug Abuse, Second Report, Drug Use in America: Problem in Perspective~9 (1973)). Many psychotropic drugs are socially acceptable and readily available either without a prescription (e.g., alcohol) or with a prescription (e.g., Prozac). See Milt Freudenheim, The Drug Makers Are Listening to Prozac, N.Y. Times, Jan.~9, 1994, at~F7 (reporting that since 1988 more than six million people in United States have been prescribed Prozac, sales of which reached $1.2 billion worldwide in 1992); Sara Rimer, With Millions Taking Prozac, A Legal Drug Culture Arises, N.Y. Times, Dec.~13, 1993, at~A1. Throughout this report the generic term ``drugs'' is used to refer to the numerous psychotropic substances, such as heroin, cocaine, and marijuana, that are now governed by state and federal prohibitionist laws. See, e.g., 21 U.S.C.A. §~812 (West 1981 Supp.~1994) (listing five schedules of controlled substances); see also 21 C.F.R. §§~1308.11--1308.15 (1993). Nevertheless, these drugs are pharmacologically distinct from one another.<#492#>
... laws.^{<#1528#>2<#1528#>}^{<#1528#>2<#1528#>}: <#493#>Specifically, the Committee was charged with undertaking a study of present drug laws to: (a) determine the dimensions of the substance use and abuse problem; and (b) review how our society, and particularly its legal institutions, currently deal with the problems; and (c) develop options for the future by determining what the goals and objectives should be and by developing methods to implement those goals and objectives.~... Executive Committee Resolution, Aug.~19, 1986, as amended Oct.~7, 1987.<#493#>
... years,^{<#1530#>3<#1530#>}^{<#1530#>3<#1530#>}: <#494#>Drug prohibition in the United States began in 1914 with the Harrison Narcotic Act of 1914, Pub L. No.~63--223, 38 Stat. 785 (1914). See Robert W. Sweet Edward A. Harris, Just and Unjust Wars: The War on the War on Drugs---Some Moral and Constitutional Dimensions of the War on Drugs, 87 Nw. U. L. Rev. 1302, 1367 n.269 (1993) (noting that ``[i]t was only with the Harrison Narcotic Act of 1914 and the Food, Drug, and Cosmetic Act of 1938 that individuals were no longer able to possess narcotics freely or to determine what counted as therapeutic drugs and as legitimate medical treatment.;SPMquot;).<#494#>
... large.^{<#1532#>4<#1532#>}^{<#1532#>4<#1532#>}: <#495#>See, e.g., And Still the Drugs Sit There, The Economist, May~21, 1994, at~27 (``Since 1980 America has spent more than $100 billion in the war on drugs. Despite that, cocaine, heroin and marijuana are as available and as inexpensive as ever. Drug use fluctuates, but it is not going away. Indeed, surveys show that young people now seem increasingly tolerant of drugs and less worried about the health effects of them, if used in moderation.;SPMquot;). Despite law enforcement efforts, use of even the so-called ``hard drugs,'' like heroin, has failed to disappear. Trip Gabriel, Heroin Finds a New Market Along Cutting Edge of Style, N.Y. Times, May~8, 1994, at~1 (reporting that ``[h]igh-grade heroin that can be smoked rather than injected has caught on, on both coasts, in circles whose habits often set trends---young people piloting the fast lane in the film, rock and fashion industries;SPMquot;).<#495#>
... neighbors,^{<#1534#>5<#1534#>}^{<#1534#>5<#1534#>}: <#496#>See James Brooke, In Colombia, One Victory in a Long War, N.Y. Times, Dec.~3, 1993, at A12 (quoting Bogota prosecutor as saying, ``It is a secret for no one that 99 percent of official [Colombian] institutions have problems with [drug] infiltration.;SPMquot;). Faced with the devastation wrought by the ``war on drugs,'' Colombians are calling for drug legalization. James Brooke, Colombians Press for Legalization of Cocaine, N.Y. Times, Feb.~20, 1994, at~6 (reporting that ``influential opinion makers in Colombia, the world's largest cocaine producer, are increasingly backing ... legalization;SPMquot;); see also Gabriel Garcia Marquez, The Useless War, N.Y. Times, Feb.~27, 1994, at~15 (calling for international agreement legalizing prohibited psychoactive substances because expensive law enforcement efforts in producing countries, such as Colombia, have not stemmed consumption in countries such as the United States). Perhaps in response to the public outcry in Colombia, a high court there has legalized the personal use of cocaine, marijuana, and other drugs. Joseph B. Treaster, Use of Drugs is Legalized By Colombia, N.Y. Times, May~7, 1994, at~3. But see James Brooke, Colombia Reimposes Curbs on Marijuana and Cocaine, N.Y. Times, June~2, 1994, at~A14 (reporting that Colombian President Trujillo used his powers of decree to impose ``a series of restrictions that essentially limit drug consumption to private residences where children are not present;SPMquot;).<#496#>
... drugs?^{<#1536#>6<#1536#>}^{<#1536#>6<#1536#>}: <#497#>See Mark A.R. Kleiman Aaron J. Saiger, Drug Legalization: The Importance of Asking The Right Question, 18 Hofstra L. Rev.~527, 565 (1990) (``The pragmatic question about drug control policy is how to manage the availability of a wide range of existing and potential psychoactives to get the best mix of cost and benefits.;SPMquot;).<#497#>
... estimates.^{<#1543#>7<#1543#>}^{<#1543#>7<#1543#>}: <#498#>Using arrest statistics rather than conviction statistics may provide a misleading overview of the situation. For example, it is common for the arresting officer to make a ``felony arrest'' only to have a prosecutor actually charge a misdemeanor. In addition, felony conviction statistics will undoubtedly be further affected by the New York Court of Appeals' decision requiring the prosecution to prove knowledge of drug weight, People v. Ryan, 82 N.Y.2d 497, 626 N.E.2d 51, 605 N.Y.S.2d 235 (1993).<#498#>
... 32\%.^{<#1545#>8<#1545#>}^{<#1545#>8<#1545#>}: <#499#>New York State Division of Criminal Justice Services, Criminal Justice Indicators #8 (Nov.~1992). Interestingly, there was a 3 drop in felony indictments between 1991 and 1992. Office of Justice Systems Analysis, Bureau of Statistical Services, Criminal Justice Indicators #1 (Mar.~1993) (``N.Y.S. Arrests and Indictments 1991 vs. 1992;SPMquot;). Although there was a significant increase in felony drug arrests in large upstate metropolitan areas, these were somewhat offset by fewer drug and non-violent felony indictments in New York City. Id. The actual meaning of these statistics remains murky, and they should be approached with caution.<#499#>
... statewide.^{<#1547#>9<#1547#>}^{<#1547#>9<#1547#>}: <#500#>Report of the Chief Administrator of the Courts for the Calendar Year Jan.~1, 1991~-- Dec.~31, 1991 4 (1992).<#500#>
... year.^{<#1549#>10<#1549#>}^{<#1549#>10<#1549#>}: <#501#>Abraham G. Gerges, Changing Times Require Changing Strategy, N.Y.L.J., July~14, 1993, at~3.<#501#>
... 225,000).^{<#1553#>11<#1553#>}^{<#1553#>11<#1553#>}: <#502#>Peter Reuter, Hawks Ascendant: The Punitive Trend of American Drug Policy, 121 Daedalus 15, 25 n.24 (1992) (citing Bureau of Justice Statistics, Felony Sentences in State Courts (1989, 1990)). Possession with intent to sell is a felony in most states, whereas mere possession is often a misdemeanor.<#502#>
... 92,500.^{<#1555#>12<#1555#>}^{<#1555#>12<#1555#>}: <#503#>Reuter, supra note 11, at~25.<#503#>
... courts.^{<#1557#>13<#1557#>}^{<#1557#>13<#1557#>}: <#504#>Id. at~25. Again, these statistics should be approached with caution. State possession and trafficking statutes tend to vary from state to state.<#504#>
... million.^{<#1561#>14<#1561#>}^{<#1561#>14<#1561#>}: <#505#>Bureau of Judicial Statistics, United States Department of Justice, Sourcebook of Criminal Justice Statistics~-- 1992 20 (1993) (table 1.16). The total 1993 figure includes the folowing: Judiciary $281.3 million; United States attorneys $215.9 million; Criminal Division $17.2 million; United States Marshalls $186.0 million; Organized Crime Drug Enforcement Task Forces $83.9 million; Tax Division $1.5 million; Weed and Seed Program $10 million.<#505#>
... offenses.^{<#1563#>15<#1563#>}^{<#1563#>15<#1563#>}: <#506#>United States Department of Commerce, Statistical Abstract of the United States 1992, the National Data Book, No.~321 194 (1993) (``U.S. District Courts---Criminal Cases;SPMquot;).<#506#>
... (19\%).^{<#1565#>16<#1565#>}^{<#1565#>16<#1565#>}: <#507#>Id.<#507#>
... offenses.^{<#1567#>17<#1567#>}^{<#1567#>17<#1567#>}: <#508#>Drugs Crime Data Center Clearinghouse, Fact Sheet: Drug Data Summary 2 (Apr.~1994).<#508#>
... years).^{<#1569#>18<#1569#>}^{<#1569#>18<#1569#>}: <#509#>Bureau of Judicial Statistics, United States Department of Justice, Sourcebook of Criminal Justice Statistics~-- 1992 544 (1993) (table 5.78).<#509#>
... filed.^{<#1571#>19<#1571#>}^{<#1571#>19<#1571#>}: <#510#>Id.<#510#>
... Knapp,^{<#1575#>20<#1575#>}^{<#1575#>20<#1575#>}: <#511#>See, e.g., Letter to the Editor, A Failed ``War'', N.Y. Times, Dec.~28, 1993, at~A10.<#511#>
... penalties,^{<#1577#>21<#1577#>}^{<#1577#>21<#1577#>}: <#59#>In the Northern District of California, Judge Vaughn R. Walker, a Reagan appointee, has been quoted as saying, ``I make no bones about my personal view that the best course of action for us to take is exactly the same course of action we took after Prohibition, and that is decriminalization.;SPMquot; The Drug Policy Letter, Spring 1994, at~32.<#59#>
... sentences.^{<#1579#>22<#1579#>}^{<#1579#>22<#1579#>}: <#512#>See Joseph B. Treaster, Judges Decline Drug Cases, Protesting Sentencing Rules, N.Y. Times, April 17, 1993, at~A1.<#512#>
... offenders.^{<#1581#>23<#1581#>}^{<#1581#>23<#1581#>}: <#513#>See, e.g., Abraham G. Gerges, Changing Times Require Changing Strategy, N.Y.L.J., July 14, 1993, at~3 (noting that ``New York State's prison population has more than doubled over the last decade, largely due to mandatory sentencing laws and an increasing number of drug prosecutions.... A major contribution to the prison population explosion is the Rockefeller Drug Laws which require substantial prison terms for the possession or sale of small amounts of drugs.;SPMquot;).<#513#>
... process.^{<#1585#>24<#1585#>}^{<#1585#>24<#1585#>}: <#514#>Steven Belenko, The Impact of Drug Offenders on the Criminal Justice system, in Drugs, Crime and the Criminal Justice System 65 (Ralph Weisheit ed., 1990).<#514#>
... cases.^{<#1587#>25<#1587#>}^{<#1587#>25<#1587#>}: <#515#>Id. at~66.<#515#>
... state;SPMquot;.^{<#1591#>26<#1591#>}^{<#1591#>26<#1591#>}: <#516#>See Jarret B. Wollstein, Turning the Tide: Winning Public Support for Ending Drug Prohibition, in New Frontiers in Drug Policy 90 (Arnold S. Trebach Kevin B. Zeese eds., 1991) (arguing that the ``war on drugs;SPMquot; is really a war on liberty).<#516#>
... laws.^{<#1593#>27<#1593#>}^{<#1593#>27<#1593#>}: <#517#>Lester Grinspoon James B. Bakalar, The War on Drugs---A Peace Proposal, 330 New Eng. J. Med. 357, 357 n.2 (1994) (citing Federal Bureau of Investigation, Crime in the United States (1991)). Almost one quarter of these arrests are for simple possession of marijuana. Id. Indeed, being arrested for simple possession of marijuana is ``the fourth most common cause of arrest in the United States.;SPMquot; Id. Ironically, studies indicate that marijuana is the number one cash crop in the United States. Katherine Bishop, Front in Marijuana War: Business Records, N.Y. Times, May~24, 1991, at~B6.<#517#>
... Offenses^{<#1594#>28<#1594#>}
... available.;SPMquot;^{<#1651#>29<#1651#>}^{<#1651#>29<#1651#>}: <#519#>Grinspoon Bakalar, supra note 27, at~357.<#519#>
... 100,000.^{<#1653#>30<#1653#>}^{<#1653#>30<#1653#>}: <#83#>Telephone interview with Todd R. Clear, Professor Criminal Justice, Rutgers University (Apr.~28, 1994).<#83#>
... 64,600.^{<#1655#>31<#1655#>}^{<#1655#>31<#1655#>}: <#520#>N.Y.L.J., June~2, 1994, at~1. ``Only California, with 120,000 inmates, and Texas, with 71,000 prisoners, had more people in federal and state facilities.;SPMquot; Id.<#520#>
... prisoner,^{<#1657#>32<#1657#>}^{<#1657#>32<#1657#>}: <#521#>Department of Justice Report: Two-Thirds of Non-Violent Offenders Serving Mandatory Minimum Sentences, The Drug Policy Letter, Spring 1994, at~28.<#521#>
... cell.^{<#1659#>33<#1659#>}^{<#1659#>33<#1659#>}: <#522#>Todd R. Clear, Tougher is Dumber, N.Y. Times, Dec.~12, 1993, §~1, at~21. The costs for building and operating prisons can add up quickly: ``In the fiscal year 1992, which ended June 30, states spent more than $15 billion operating prison systems and more than $2 billion building prisons. The growth in operating costs is expected to increase about 5 percent in the current fiscal year, but spending on construction is expected to double, to about $4 billion as 112 new prisons are opened to house 75,000 more inmates.;SPMquot; Michael deCourcy Hinds, Feeling Prisons' Costs, Governors Weigh Alternatives, N.Y. Times, Aug.~7, 1992, at~A17.<#522#>
... up.^{<#1661#>34<#1661#>}^{<#1661#>34<#1661#>}: <#523#>Clear, supra note 33, at 21.<#523#>
... prisoners.^{<#1663#>35<#1663#>}^{<#1663#>35<#1663#>}: <#524#>Anita L. Arcidiacono, Christopher A. Innes, Bernadette Pelissier Susan Wallace, Hope and Reality: Drug Treatment in Federal Prisons, in New Frontiers in Drug Policy 143 (Arnold S. Trebach Kevin B. Zeese eds., 1991).<#524#>
... 1980.^{<#1665#>36<#1665#>}^{<#1665#>36<#1665#>}: <#91#>N.Y.L.J., June 2, 1994, at~1.<#91#>
... 1,000\%.^{<#1667#>37<#1667#>}^{<#1667#>37<#1667#>}: <#525#>Jerry Mandel, A Racist Elephant in the Living Room?, in New Frontiers in Drug Policy 176 (Arnold S. Trebach Kevin B. Zeese eds., 1991).<#525#>
... 1990.^{<#1669#>38<#1669#>}^{<#1669#>38<#1669#>}: <#526#>Drugs Crime Data Center Clearinghouse, Fact Sheet: Drug Data Summary 3 (Apr.~1994.)<#526#>
... violations.^{<#1671#>39<#1671#>}^{<#1671#>39<#1671#>}: <#527#>Jerry Mandel, A Racist Elephant in the Living Room?, in New Frontiers in Drug Policy 176, 178 (Arnold S. Trebach Kevin B. Zeese eds., 1991).<#527#>
... 57,862.^{<#1673#>40<#1673#>}^{<#1673#>40<#1673#>}: <#528#>Sarah Lyall, Without the Money to Supply Prison Beds, Officials Consider Reducing Demand, N.Y. Times, Feb.~17, 1992, at~B5.<#528#>
... problem.^{<#1675#>41<#1675#>}^{<#1675#>41<#1675#>}: <#529#>Id.<#529#>
... sentences.^{<#1677#>42<#1677#>}^{<#1677#>42<#1677#>}: <#530#>Office of Justice Programs, Bureau of Justice Statistics, United States Department of Justice, Drugs, Crime and the Justice System 195 (Dec.~1992).<#530#>
... drugs.^{<#1679#>43<#1679#>}^{<#1679#>43<#1679#>}: <#531#>Some federal judges have complained bitterly about the federal sentencing guidelines for controlled substances offenses. E.g., Deborah Pines, Sweet Hits Mandatory Minimums, N.Y.L.J., Dec.~1, 1993, at~1 (reporting that United States District Judge Robert W. Sweet ``lashed out at the `rigidity of arbitrary mandatory minimum sentencing laws' as he imposed a sentence of life without parole on a first-time drug offender;SPMquot;).<#531#>
... overcrowding.^{<#1681#>44<#1681#>}^{<#1681#>44<#1681#>}: <#532#>See, e.g., Katherine Bishop, Mandatory Sentences in Drug Cases; Is the Law Defeating Its Purpose?, N.Y. Times, June~8, 1990, at~B16; see also Julie Stewart, Are These Sentences Fair?, in New Frontiers in Drug Policy 37, 37 (Arnold S. Trebach Kevin B. Zeese eds., 1991) (``Each of the 12 federal judicial circuits that handles criminal cases and the Judicial Conference of the United States has passed a resolution opposing mandatory sentencing. The Federal Courts Study Commission has urged their repeal as has the U.S. Sentencing Commision.;SPMquot;); see also Department of Justice Report: Two-Thirds of Non-Violent Offenders Serving Mandatory Minimum Sentences, The Drug Policy Letter, Spring 1994, at~28 (``The Justice Department review [of mandatory minimum sentencing entitled ``An Analysis of Non-Violent Drug Offenders with Minimal Criminal Histories;SPMquot;, released February 4, 1994] revealed that two-thirds of the low-level drug offenders in federal prison are serving mandatory minimum sentences of five or ten years.... The report also found that 16,316 federal inmates---one out of five federal prisoners---are low-level drug offenders, which the report defines as individuals with no record of criminal violence or of sophisticated criminal activity.;SPMquot;) (emphasis in original).<#532#>
... circumstances.^{<#1683#>45<#1683#>}^{<#1683#>45<#1683#>}: <#533#>Bishop, supra note 44, at~B16 (``With the Anti-Drug Abuse Act of 1986, Congress intended to cripple illegal drug trafficking by requiring stringent Federal prison sentences for everyone from large-volume dealers to low-level couriers. The sentences were based solely on the amount of drugs possessed or sold: 10 years for 11 pounds of cocaine, 2.2 pounds of heroin or 1.7 ounces of crack. Then, the Anti-Drug Abuse Amendments Act of 1988 upped the ante, making life without parole the sentence for those with two or more prior convictions.;SPMquot;).<#533#>
... offenders.^{<#1685#>46<#1685#>}^{<#1685#>46<#1685#>}: <#534#>This type of dodge was dealt a setback by the New York Court of Appeals's decision reaffirming the strict application of the so-called Rockefeller Drug laws and leaving it to the Legislature to adjust their severity. People v. Thompson, No.~36, 1994 N.Y. LEXIS 329 (Mar.~30, 1994).<#534#>
... prisons.;SPMquot;^{<#1687#>47<#1687#>}^{<#1687#>47<#1687#>}: <#535#>Gary Spencer, Cuomo Backs $1.1 Billion Courts Budget; 8.6 Percent Increase called ``Necessary;SPMquot;, N.Y.L.J., Jan.~19, 1994, at 1.<#535#>
... crime.;SPMquot;^{<#1689#>48<#1689#>}^{<#1689#>48<#1689#>}: <#536#>Clear, supra note 33.<#536#>
... con\-vict\-ions,^{<#1691#>49<#1691#>}^{<#1691#>49<#1691#>}: <#537#>Drugs Crime Data Center Clearinghouse, Fact Sheet: Drug Data Summary 3 (Apr.~1994).<#537#>
... world,^{<#1697#>50<#1697#>}^{<#1697#>50<#1697#>}: <#538#>See Mathea Falco, The Making of a Drug Free America (1992).<#538#>
... law.^{<#1699#>51<#1699#>}^{<#1699#>51<#1699#>}: <#539#>See Jos. H. Choate, Jr., Reasons for The Repeal of the Eighteenth Amendment, An Address before The New York Civic Forum On January 17, 1930 (library collection of the Association of the Bar of the City of New York) (``[W]hy does National Prohibition ... seem to me, as a lawyer, unwise? First, because it is and has proved an unenforceable rule: and every such rule undermines the law-abiding disposition of the community.;SPMquot;).<#539#>
... 1914,^{<#1701#>52<#1701#>}^{<#1701#>52<#1701#>}: <#121#>The Harrison Narcotics Act, Pub. L. No. 63--223, 38 Stat. 785 (1914).<#121#>
... problem.;SPMquot;^{<#1705#>53<#1705#>}^{<#1705#>53<#1705#>}: <#540#>The Clinton Administration sought to combine the DEA with the Federal Bureau of Investigation, but the DEA resisted such efforts. Marianne Lavelle, Gore Sets His Sights on the DEA, Nat'l L. J., Sept.~13, 1993, at~3; Neil A. Lewis, White House Seeks to Combine F.B.I. with Drug Agency, N.Y. Times, Aug.~19, 1993, at~A1. Ultimately, the plan to merge the two was abandoned.<#540#>
... de\-cades.^{<#1709#>54<#1709#>}^{<#1709#>54<#1709#>}: <#541#>See Felicia R. Lee, On Front Line of the Drug Wars, Police Corruption is Nothing New, N.Y. Times, Apr.~16, 1994, at~A1.<#541#>
... dealers.^{<#1711#>55<#1711#>}^{<#1711#>55<#1711#>}: <#542#>See, e.g., Clifford Kraus, 12 Police Officers Charged in Drug Corruption Sweep; Bratton Sees More Arrests, N.Y. Times, Apr.~16, 1994, at~A1; David Kocieniewski, ``Dirty 30;SPMquot; Precinct---12 of City's ``Finest;SPMquot; Accused of Outcrooking Crooks, Newsday, Apr.~16, 1994, at~A5; see also Officer Charged in Drug Case, N.Y. Times, Oct.~2, 1991, at~B3 (reporting FBI's arrest of police officer, who headed local joint drug task force, for selling cocaine and marijuana).<#542#>
... share.^{<#1713#>56<#1713#>}^{<#1713#>56<#1713#>}: <#543#>James Ostrowski, The Moral and Practical Case for Drug Legalization, 18 Hofstra L. Rev. 607, 663 n.264 (1990) (``Drug money corrupts law enforcement officials. Corruption is a major problem in drug enforcement because drug agents are given tremendous power over desperate persons in possession of large amounts of cash. Drug corruption charges have been leveled against FBI agents, policemen, prison guards, U.S. Customs Inspectors, even prosecutors.;SPMquot;); John T. Schuler Arthur McBride, Notes From the Front: A Dissident Law-Enforcement Perspective on Drug Prohibition, 18 Hofstra L. Rev. 893, 914 (1990) (``corruption is a concomitance of narcotics enforcement;SPMquot;).<#543#>
... public.^{<#1715#>57<#1715#>}^{<#1715#>57<#1715#>}: <#544#>Police corruption also exists when overzealous police officers make drug arrests supported with perjured testimony, which undermines the core of the criminal justice system. See Joe Sexton, New York Police Often Lie Under Oath, Report Says, N.Y. Times, Apr.~22, 1994, at~A1, B3 (reporting that ``Charles J. Hynes, the District Attorney for Brooklyn, said that police officers often tried to get around the problem of needing probable cause before making an arrest by what he called the `dropsy syndrome'---falsely testifying that a suspect `tossed a package containing white powder to the ground' as he was approached.;SPMquot;); Today's News---Update, N.Y.L.J., May~12, 1994, at~1 (reporting that Manhattan District Attorney Robert M. Morgenthau's office is reviewing 1,500 convictions obtained over past four years to determine if they should be vacated because of perjured testimony from police in 30th precinct in Harlem).<#544#>
... money.^{<#1719#>58<#1719#>}^{<#1719#>58<#1719#>}: <#545#>See, e.g., David Gonzalez, Unmasking Roots of Washington Heights Violence, N.Y. Times, Oct.~17, 1993, at~29 (reporting that Washington Heights is ``a natural locale for selling drugs, which offers the promise of quick money to youths who find themselves idle on street corners day after day;SPMquot;).<#545#>
... minorities.^{<#1723#>59<#1723#>}^{<#1723#>59<#1723#>}: <#546#>``War On Drugs'' Seen As Threat to Constitution Minorities, 49 Crim. L. Rep. (BNA) at~1477 (Sept.~4, 1991) (reporting that panelists at American Bar Association program opined that ``war on drugs;SPMquot; is a ``war on minorities;SPMquot; and that Bureau of Justice statistics show that in 1991 black males constituted 12 of overall population and almost 50 of prison population).<#546#>
... disenfranchised,^{<#1725#>60<#1725#>}^{<#1725#>60<#1725#>}: <#547#>See Rick Bragg, Liberators or Oppressors? Two Views of the Police in Clifton, S.I., N.Y. Times, May~2, 1994, at~B3 (reporting resident saying that ``[t]here is a feeling that the community is being surrounded;SPMquot;).<#547#>
... crime.^{<#1729#>61<#1729#>}^{<#1729#>61<#1729#>}: <#548#>Grinspoon Bakalar, supra note 27, at~357 (citing S. Wisotksy, A society of Suspects: The War on Drugs and Civil Liberties 180 (1992)); see also James Ostrowski, The Moral and Practical Case for Drug Legalization, 18 Hofstra L. Rev. 607, 664 (1990) (``Drug war hysteria has created an atmosphere in which long-cherished rights are discarded wherever drugs are concerned. Suspected drug users are subject to urine testing, roadblocks, routine strip searches, school locker searches without probable cause, abuse of the good faith exception to the exclusionary rule, preventive detention, and nonjudicial forfeiture.;SPMquot;) (footnotes omitted).<#548#>
... drugs.;SPMquot;^{<#1731#>62<#1731#>}^{<#1731#>62<#1731#>}: <#549#>For a more extensive treatment of this subject, see Paul Finkelman, The Second Casualty of War: Civil Liberties and the War on Drugs, 66 So. Cal. L. Rev. 1389 (1993).<#549#>
... Bostick,^{<#1733#>63<#1733#>}^{<#1733#>63<#1733#>}: <#149#>111 S. Ct. 2382 (1991).<#149#>
... voluntary.^{<#1735#>64<#1735#>}^{<#1735#>64<#1735#>}: <#550#>Linda Greenhouse, Police Are Backed On Bus Searches, N.Y. Times, June 21, 1991, at~A1. Justice Marshall stated in dissent, in which he was joined by Justices Blackmun and Stevens, ``In my view, the Fourth Amendment clearly condemns the suspicionless, dragnet-style sweep of intrastate or interstate buses;SPMquot; due to coercion and unjustified intrusion upon citizens' Fourth Amendment rights. Florida v. Bostick, 111 S. Ct. at~2394 (Marshall, J., dissenting).<#550#>
... purposes.^{<#1737#>65<#1737#>}^{<#1737#>65<#1737#>}: <#551#>Florida v. Bostick, 111 S. Ct. at~2394 (Marshall, J., dissenting). These decisions include the approval of ``drug courier profiles,'' which are based upon the appearance and behavior of the suspects and which are used by the police to identify persons who may be carrying drugs. See United States v. Sokolow, 490 U.S. 1, 13--14 (1989) (Brennan, J. dissenting) (listing cases showing profile's ``chameleon-like way of adapting to any particular set of observations;SPMquot;).<#551#>
... performance.^{<#1739#>66<#1739#>}^{<#1739#>66<#1739#>}: <#552#>Grinspoon Bakalar, supra note 27, at~357 (citing S. Wisotksy, A Society of Suspects: The War on Drugs and Civil Liberties 180 (1992)).<#552#>
... drugs.;SPMquot;^{<#1741#>67<#1741#>}^{<#1741#>67<#1741#>}: <#553#>Grinspoon Bakalar, supra note 27, at~359 n.14 (citing R.J. Dennis, The American People Are Starting to Question the Drug War, in Drug Prohibition and the Conscience of Nations (Arnold S. Trebach Kevin B. Zeese eds., 1990)).<#553#>
... arsenal.^{<#1745#>68<#1745#>}^{<#1745#>68<#1745#>}: <#554#>See, e.g., United States v. Daccarett, 6 F.3d 37, 46 (2d Cir. 1993); United States v. 384--390 West Broadway, 964 F.2d 1244, 1248 (1st Cir. 1992); see also Pratt Peterson, Civil Forfeiture in the Second Circuit, 65 St. John's L. Rev. 653 (1991) (``Perhaps no area of law embodies more legal fictions---and better illustrates their use and misuse---than does civil forfeiture.;SPMquot;).<#554#>
... property.^{<#1747#>69<#1747#>}^{<#1747#>69<#1747#>}: <#555#>Jarret B. Wollstein, Turning the Tide: Winning Public Support for Ending Drug Prohibition, in New Frontiers in Drug Policy 90, 90 (Arnold S. Trebach Kevin B. Zeese eds., 1991)<#555#>
... million.;SPMquot;^{<#1749#>70<#1749#>}^{<#1749#>70<#1749#>}: <#556#>Drugs Crime Data Center Clearinghouse, Fact Sheet: Drug Data Summary 2 (Apr.~1994).<#556#>
... revenue.^{<#1751#>71<#1751#>}^{<#1751#>71<#1751#>}: <#557#>In United States v. James Daniel Good Real Property, 114 S. Ct. 492 (1993), the Supreme Court observed: ``The extent of the Government's financial stake in drug forfeiture is apparent from a 1990 memo, in which the Attorney General urged United States Attorneys to increase the volume of forfeitures in order to meet the Department of Justice's annual budget target: `We must significantly increase production to reach our budget target.~... Failure to achieve the $470 million projection would expose the Department's forfeiture program to criticism and undermine confidence in our budget projections. Every effort must be made to increase forfeiture income during the remaining three months of [fiscal year] 1990.';SPMnbsp;;SPMquot; 114 S. Ct. at~502 n.2 (quoting Executive Office for United States Attorneys, United States Dep't of Justice, 38 United States Attorney's Bulletin 190 (1990)).<#557#>
... wrongdoing.^{<#1753#>72<#1753#>}^{<#1753#>72<#1753#>}: <#558#>See, e.g., United States v. 92 Buena Vista Ave., 113 S. Ct. 1126, 1135 (1993).<#558#>
... forfeiture.^{<#1755#>73<#1755#>}^{<#1755#>73<#1755#>}: <#559#>See United States v. Daccarett, 6 F.3d 37, 55 (2d Cir. 1993); United States v. All Right, Title and Interest in Real Property, 983 F.2d 396 (2d Cir. 1993). Even with this low standard, the courts have had to remain vigilant to root out governmental abuse. See, e.g., United States v. $31,990, 982 F.2d 851, 856 (2d Cir. 1993) (``Since `there is little to discourage federal agents from seizing property illegally, and then seeking evidence of probable cause,' courts must guard against the abuse of forfeiture in the government's zeal to apprehend and prosecute drug dealers.;SPMquot;); United States v. $19,910.00 in U.S. Currency, 16 F.3d 1051, 1067 (9th Cir. 1994) (``Requiring the government to show that it had probable cause at the time it brought the action would only discourage filings of forfeiture when probable cause does not exist. Such a result is entirely proper. Without such a rule, government agents might be tempted to bring proceedings (and thereby seize property) on the basis of mere suspicion or even enmity and then engage in a fishing expedition to discover whether probable cause exists.;SPMquot;).<#559#>
... ``innocent.;SPMquot;^{<#1757#>74<#1757#>}^{<#1757#>74<#1757#>}: <#560#>See, e.g., United States v. Daccarett, 6 F.3d at~57.<#560#>
... excesses.^{<#1759#>75<#1759#>}^{<#1759#>75<#1759#>}: <#561#>Adding a reasonableness component to the statutory innocent owner defense, some courts have asserted that they ``do not expect the common land owner to eradicate a problem our law enforcement organizations cannot control.;SPMquot; United States v. One Parcel of Real Estate, 963 F.2d 1496, 1506 (11th Cir. 1993) (citing cases); see also United States v. All Right Title and Interest in Property, 753 F. Supp. 721, 125 (S.D.N.Y. 1990) (``a property owner is not required to take heroic or vigilante measures to rid his or her property of narcotics activity.~... Indeed encouraging such a standard would result in the dangerous precedent of making property owners in drug-infested neighborhoods into substitute police forces.;SPMquot;).<#561#>
... tolerated.^{<#1761#>76<#1761#>}^{<#1761#>76<#1761#>}: <#562#>See, e.g., United States v. 4492 S. Livonia Rd., 889 F.2d 1258 (2d Cir. 1989).<#562#>
... analysis.^{<#1763#>77<#1763#>}^{<#1763#>77<#1763#>}: <#563#>See Austin v. United States, 113 S. Ct. 280 (1993).<#563#>
... equipment),^{<#1765#>78<#1765#>}^{<#1765#>78<#1765#>}: <#564#>Rorie Sherman, Weeding Out Pot Growers, Nat'l L. J., Sept.~23, 1991, at~10 (reporting DEA use of subpoena power against hydroponics industry).<#564#>
... people,;SPMquot;^{<#1769#>79<#1769#>}^{<#1769#>79<#1769#>}: <#565#>U.S. Const., amend. IX; see Robert W. Sweet Edward A. Harris, Just and Unjust Wars: The War on the War on Drugs---Some Moral and Constitutional Dimensions of the War on Drugs, 87 Nw. U. L. Rev. 1302, 1346--72 (1993) (arguing that ``defining the scope of the right to drugs as a fundamental constitutional right [protected by the Ninth Amendment] poses no greater difficulty than defining the scope of other unenumerated constitutional rights that have been recognized and protected previously by the Court.;SPMquot;).<#565#>
... control,^{<#1771#>80<#1771#>}^{<#1771#>80<#1771#>}: <#566#>Griswold v. Connecticut, 381 U.S. 479 (1965).<#566#>
... trimester,^{<#1773#>81<#1773#>}^{<#1773#>81<#1773#>}: <#567#>Roe v. Wade, 410 U.S. 113 (1973).<#567#>
... home^{<#1775#>82<#1775#>}^{<#1775#>82<#1775#>}: <#568#>Stanley v. Georgia, 394 U.S. 557 (1969). But see Osbourne v. Ohio, 110 S. Ct. 1691 (1990) (holding that states can outlaw private possession of child pornography with minors as subjects).
At least one commentator has noted the apparent lack of distinction between the private possession of adult pornography in the home and drug use: ``If the Stanleys of the world could obtain from a new drug called `obscenamine' the sensation that Stanley in fact obtained from the obscene film whose possession Georgia unsucessfully sought to make a crime, one might expect a legislative attempt to make possession or use of obscenamine a criminal offense. The precedents appear, on the whole to affirm the state's power to take such a step. Yet it does seem bizarre to draw the distinction implicit in such an outcome. To be sure, at stake in Stanley was the value of preventing government from rummaging through someone's library to discover evidence of his mental and emotional tastes. yet is it so much less offensive for government to rummage through someone's medicine chest, kitchen, and wine cellar to put together a picture of his oral and chemical predilections? In either case, the offense is governmental invasion and usurpation of the choices that together constitute an individual's psyche.;SPMquot; Laurence Tribe, American Constitutional Law §~15--7, at~1326 (2d ed. 1988).<#568#>
... forged.^{<#1777#>83<#1777#>}^{<#1777#>83<#1777#>}: <#569#>See Employment Div., Dep't of Human Resources v. Smith, 494 U.S. 872 (1993) (holding that states may prohibit sacramental peyote use); see also People v. Shepard, 50 N.Y.2d 640, 409 N.E.2d 840, 431 N.Y.S.2d 363 (1980) (holding that possession of marijuana in home was not protected by right of privacy).
The courts in Germany, however, have held that it is unconstitutional for the government to tolerate the use of some intoxicants, such as alcohol, while criminalizing others, such as marijuana and hashish. Stephen Kinzer, German Court Allows Possession of Small Amounts of Marijuana, N.Y. Times, May~3, 1994, at~A12 (reporting that Germany's highest court has ruled that equal protection provision of German constitution protects uses of small amounts of marijuana and hashish); see also Stephen Kinzer, A Pro-Drug Ruling Stirs the Pot in Germany, N.Y. Times, Mar.~3, 1992, at~A5 (reporting that appeals court in Lubeck, Germany, ``ruled that keeping alcohol legal while banning hashish and marijuana violated a constitutional provision guaranteeing all citizens equality before the law ... [and] a provision guaranteeing personal freedoms that do not infringe on the rights of others;SPMquot;). For a similar analysis, see Laurence Tribe, American Constitutional Law §~15--7, at~1325--26 (2d ed. 1988).<#569#>
... users.;SPMquot;^{<#1779#>84<#1779#>}^{<#1779#>84<#1779#>}: <#570#>Grinspoon Bakalar, supra note 27, at~357. Law enforcement techniques specially aimed at drug users tend to catch otherwise law-abiding citizens who are functioning members of society. See Steven Lee Meyers, Washington Hts. Drug Sweep Nets 49, N.Y. Times, Aug.~13, 1993, at B3 (reporting 12 hour operation in Washington Heights, New York, resulted in 49 arrests for possession of small amounts of controlled substances, including ``a jeweler, a carpet layer, an electrical engineer, a pipe fitter, a college student and an auditor at the Internal Revenue Service;SPMquot;; ``[t]here were men and women, from 18 to 63 years old, most of them white, most of them from New Jersey suburbs;SPMquot;); see also Lisa W. Foderaro, An Arrest Divides the Generations, N.Y. Times, Feb. 8, 1992, at~23 (reporting guilty plea by a 49-year old lawyer on federal charges of growing marijuana on 30 acres of his property in upstate New York; felony charge carried potential sentence of 5 to 40 years in prison, $2 million in fines, forfeiture of property, and possible disbarment).<#570#>
... alone.^{<#1781#>85<#1781#>}^{<#1781#>85<#1781#>}: <#571#>Grinspoon Bakalar, supra note 27, at~357; see also id. at~359 (``Federal involvement emphasizes the unfortunate imagery of a patriotic war in which drugs and drug users are the enemy.;SPMquot;); Letter to the Editor, Let's Take the Crime Out of the Drugs, N.Y. Times, Jan.~20, 1994, at~A20 (Dr. Howard I. Hurtig, Professor of Neurology, University of Pennsylvania, stating, ``Congress and the White House could help mightily by dismantling the illogical cycle of law enforcement-punishment for `crimes' fabricated by misguided policy makers.;SPMquot;).<#571#>
... places.;SPMquot;^{<#1783#>86<#1783#>}^{<#1783#>86<#1783#>}: <#572#>Grinspoon Bakalar, supra note 27, at~360; see also John Noble Wilford, The Earliest Wine: Vintage 3500 B.C. and Robust, N.Y. Times, Apr.~30, 1991, at~C1 (``[A]rcheologists have now found chemical evidence that people were making and drinking wine at least as long ago as the fourth millennium B.C., the earliest established occurrence of wine anywhere in the world.~... People probably imbibed to relieve the stresses of living in an increasingly complex and urbanized society.;SPMquot;); L. Kutner, Parent Child, N.Y. Times, Nov.~4, 1993, at~C14 (``Many [drug-abuse] researchers ... state that seeking altered states of consciousness is normal and healthy.;SPMquot;). ``Marijuana has been in use since at least A.D. 400, primarily for its euphoric effects and relatively low toxicity. The world's earliest known marijuana smoker was a 14-year-old girl who apparently died about 1,600 years ago while giving birth. THC was found in abdominal area of her skeletal remains in a tomb near Jerusalem.;SPMquot; ``Marijuana Euphoria'' Comes From Within, Too, Study Says, Newsday, Aug.~17, 1993, at~63 (reporting that human brain contains natural substance that seems to be equivalent to tetrahydrocannabinol (``THC''), the principal psychoactive component of marijuana).<#572#>
... them.^{<#1785#>87<#1785#>}^{<#1785#>87<#1785#>}: <#573#>Grinspoon Bakalar, supra note 27, at~360.<#573#>
... matters),^{<#1787#>88<#1787#>}^{<#1787#>88<#1787#>}: <#574#>The Court has recognized that ``[t]he fantasies of a drug addict are his own, and beyond the reach of the state.;SPMquot; Paris Adult Theatre I v. Slaton, 413 U.S. 49, 67 (1973).<#574#>
... deplore.^{<#1791#>89<#1791#>}^{<#1791#>89<#1791#>}: <#575#>See James Ostrowski, The Moral and Practical Case for Drug Legalization, 18 Hofstra L. Rev. 607, 650 (1990) (``Prohibition also causes what the media and police misname `drug-related violence.' This prohibition-related violence includes all the random shootings and murders associated with black market drug transactions: ripoffs, eliminating the competition, killing informers and suspected informers. Those who doubt that prohibition is responsible for this violence need only note the absence of violence in the legal drug market. For example, there is no violence associated with the production, distribution, and sale of alcohol. Such violence was ended by the repeal of Prohibition.;SPMquot;) (emphasis in original).<#575#>
... drugs.^{<#1793#>90<#1793#>}^{<#1793#>90<#1793#>}: <#576#>Researchers working with the New York City Police department analyzed approximately one-quarter of the city's 1988 homicides. The identified five types of relationships between drugs and murder: ``Their term `psychopharmacological' refers to homicides in which ingesting a drug or drug withdrawal caused a drug user to become excitable, irrational, and[/]or violent. Death might also have occurred because of alterations in the drug user's behavior that drew violence upon them from others. `Economic-compulsive' refers to instances in which a drug user engaged in violent crimes in order to obtain money for drugs. `Systemic' refers to instances in which a dealer or user became violent in order to compete within a violent black market. `Multidimensional' refers to homicides that entailed more than one of these forms, making it difficult to say which was most responsible. In homicides with `drug related dimensions' the drug was used by the perpetrator and/or the victim but was not sonsidered the primary reason for the homicide. These five categories were used to categorize all cocaine-related homicides.
... [T]he pharmcological model fits cocaine and crack related crime only rarely. Similarly, the economic-compulsive model applies to only a very small portion of the cocaine and crack related crime. However, the systemic model does account for a substantial amount of crime.~... [M]ost cocaine-related homicides are systemic and most systemic homicides are cocaine-related.
... [T]here is still nosubstantial evidence to support the hypothesis that drugs, in this case cocaine, cause crime.'' Randy T. Salekin Bruce K. Alexander, Cocaine and Crime, in New Frontiers in Drug Policy 105, 111 (Arnold S. Trebach Kevin B. Zeese eds., 1991); cf. James Ostrowski, The Moral and Practical Case for Drug Legalization, 18 Hofstra L. Rev. 607, 647 (1990) (``It is estimated that at least forty percent of all property crime in the United States is committed by drug users so that they can maintain their expensive habits.;SPMquot;).<#576#>
... city.^{<#1795#>91<#1795#>}^{<#1795#>91<#1795#>}: <#577#>F.B.I. Says Los Angeles Gang Has Drug Cartel Ties, N.Y. Times, Jan.~10, 1992, at~A12.<#577#>
... drugs.^{<#1797#>92<#1797#>}^{<#1797#>92<#1797#>}: <#578#>See Joseph L. Galiber, A Bill to Repeal Criminal Drug Laws: Replacing Prohibition with Regulation, 18 Hofstra L. Rev. 831, 849 n.89 (1990).<#578#>
... violence.^{<#1799#>93<#1799#>}^{<#1799#>93<#1799#>}: <#579#>``The murder rate rose with the start of Prohibition, remained high during Prohibition, and then declined for 11 consecutive years when Prohibition ended. The rate of assaults with a firearm rose with Prohibition and declined for 10 consecutive years after Prohibition.;SPMquot; James Ostrowski, Thinking About Drug Legalization, Cato Institute Policy Analysis No. 121, May 25, 1989, at~1 (emphasis in original) (citation omitted).<#579#>
... markets.^{<#1801#>94<#1801#>}^{<#1801#>94<#1801#>}: <#227#>While a new approach to drug policy would not destroy markets created by use by the under-aged, that problem could be dealth with separately and confronted directly, as is the case with alcohol and tobacco use.<#227#>
... use.^{<#1805#>95<#1805#>}^{<#1805#>95<#1805#>}: <#580#>See, e.g., H. Kleber, Our Current Approach to Drug Abuse---Progress, Problems, Proposals, 330 New eng. J. Med. 361, 361 (1994) (``Most drug-abuse experts and historians agree that we are in the declining phase of a drug epidemic that began about 30 years ago.;SPMquot;). But see Drug Use Increasing Despite Federal War, Gannet Suburban Newspapers, May~12, 1994, at~16A (Quoting White house drug policy director Lee Brown as saying things are ``not getting any better'').<#580#>
... undiminished.;SPMquot;^{<#1807#>96<#1807#>}^{<#1807#>96<#1807#>}: <#581#>See Douglas Jehl, Clinton to Use Drug Plan to Fight Crime, N.Y. Times, Feb. 10, 1994, at~D20 (reporting that experts estimate that 4 to 6 million Americans are heavy drug users); Drug Use Increasing Despite Federal War, Gannet Suburban Newspapers, May~12, 1994, at~16A (reporting that recent federal report found heroin use has increased in the Southwest, West, and part of the South, marijuana use continues to rise nationally, cocaine use remains stable; reporting that ``the number of people using drugs monthly dropped about 21 percent from 1991 to 1992---from 14.5 million to 11.4 million;SPMquot; but that ``the number of hard-core users---about 2.7 million people who consume the bulk of the nation's $49 billion worth of drugs annually---hasn't changed much since 1988;SPMquot;).<#581#>
... (``LSD;SPMquot;).^{<#1809#>97<#1809#>}^{<#1809#>97<#1809#>}: <#582#>Joseph B. Treaster, Survey Finds Marijuana Use is Up in High Schools, N.Y. Times, Feb.~1, 1994, at~A1, A14 (reporting that 26 of high school seniors acknowledged using marijuana in 1993, up from 21.9 in 1992; similarly 6.8 of high school seniors acknowledged using LSD in 1993, up from 5.6 in 1992).<#582#>
... eliminated.;SPMquot;^{<#1811#>98<#1811#>}^{<#1811#>98<#1811#>}: <#583#>Kleber, supra note 95, at~361.<#583#>
... annually.^{<#1813#>99<#1813#>}^{<#1813#>99<#1813#>}: <#584#>Letter to the Editor, Put Drug War Price at $500 Billion, N.Y. Times, July~1, 1992, at~A22 (Ernest Drucker and Peter R. Arno, respectively professor and associate professor of epidemiology and social medicine at Albert Einstein College of Medicine); see also Joseph P. Treaster, Echoes of Prohibition: 20 Years of War on Drugs, and No Victory Yet, N.Y. Times, June~14, 1992, §~4, at~7; James Ostrowski, Thinking about Drug Legalization, Cato Institute Policy Analysis No.~121, May~25, 1989, at~6 (``there is a real danger that escalating the war on drugs would squander much of the nation's wealth;SPMquot;).<#584#>
... alone.^{<#1815#>100<#1815#>}^{<#1815#>100<#1815#>}: <#585#>Letter to the Editor, Put Drug War Price at $500 Billion, N.Y. Times, July~1, 1992, at~A22.<#585#>
... legalized,^{<#1817#>101<#1817#>}^{<#1817#>101<#1817#>}: <#586#>Grinspoon Bakalar, supra note 27, at~358 (``Public-opinion surveys also suggest that few people who do not now use illicit drugs would use them if the laws changed.~... Only 2 percent of people who do not use cocaine say they might try it if it were legalized, and 93 percent state vehemently that they would not.;SPMquot;).<#586#>
... legalization.^{<#1819#>102<#1819#>}^{<#1819#>102<#1819#>}: <#587#>See, e.g., David T. Courtwright, Should We Legalize Drugs? History Answers: No, 44 Amer. Heriage 41, 50 (1993); Josepha A. Califano, Jr. Battle Lines in the War on Drugs: No, Fight Harder, N.Y. Times, Dec.~15, 1993, at~A27.
Many proponents of the current prohibitionist laws argue that users of psychoactive substances would not be able to control their consumption if such substances were legalized and readily available. E.g., Letter to the Editor, Can Drugs Be Used Only in Moderation, N.Y. Times, Feb.~25, 1994, at~A28 (Philip J. Pauly, an Associate Professor of the History of Science at Rutgers University, argues that it is unlikely that ``recreational users of cocaine and heroin could indulge `moderately' as part of genteel social behavior;SPMquot;); see also Letter to the Editor, Why Marijuana Should Remain Illegal, N.Y. Times, Feb.~26, 1994, §~1, at~22 (Stephen H. Green, Acting Administrator of the DEA, argues that marijuana should continue to be prohibited in part because users would not be content wit marijuana distributed by ``health regulators'' if the chemical causing its psychoactive effects, tetrahydrocannabinol (``THC''), were controlled; users would resort, instead, to ``illegal growers pushing their higher potency marijuana;SPMquot;). These assertions, however, are propounded without any empirical supporting evidence.<#587#>
... them.^{<#1821#>103<#1821#>}^{<#1821#>103<#1821#>}: <#588#>E.g., Letter to the Editor, Can Drugs Be used Only in Moderation, N.Y. Times, Feb.~25, 1994, at~A28 (``For today's situation to be comparable [to the circumstances leading to the repeal of Prohibition], we would need to establish a drug control system in which most recreational users of cocaine and heroin could indulge `moderately' as part of genteel social behavior. I think that is unlikely.;SPMquot;).<#588#>
... drugs^{<#1823#>104<#1823#>}^{<#1823#>104<#1823#>}: <#589#>Both ``greater social disapproval of marijuana use and greater perceived risk of harm from marijuana use were found to account for a substantial portion of the decline both in the U.S. and Canada.;SPMquot; Patricia G. Erickson Yuet W. Cheung, Drug Crime Legal Control: Lessons from the Canadian Experience, 19 Contemporary Drug Problems, 247, 260 (1992).<#589#>
... tobacco^{<#1825#>105<#1825#>}^{<#1825#>105<#1825#>}: <#590#>``Over the past 30 years, tremendous public health efforts have been made to persuade smokers to quit and to discourage others from adopting their habit. As a result, cigarette smoking prevalence has declined significantly, especially among men. In 1955, nearly 60 of men and 28 of women were smokers. By 1990, only 28 of men and 23 of women reported that they smoked cigarettes.;SPMquot; American Cancer Society, Risk Report 5 (1993).<#590#>
... drugs.^{<#1827#>106<#1827#>}^{<#1827#>106<#1827#>}: <#591#>See, e.g., J. G. Bachman, L. D. Johnston, P. M. O'Malley R. H. Humphrey, Explaining the Recent Decline in Marijuana Use: Differentiating the Effects of Perceived Risks, Disapproval, and General Lifestyle Factors, 29 J. of Health and Social Behavior 92, 107 (1988). ``[T]he data suggest strongly that if there had not been distinct increase in negative attitudes about marijuana, we would not have found steadily lower levels of marijuana use in each succeeding class of high school seniors since 1979.~... [B]oth perceived risks and personal disapproval of marijuana use, especially regular use, have risen sharply since 1978.~... [T]he analyses suggest that if perceived risks and disapproval associated with regular marijuana use had not risen substantially in recent years, the decline in actual use would not have occurred.'' Id.<#591#>
... laws.^{<#1829#>107<#1829#>}^{<#1829#>107<#1829#>}: <#592#>``The thrust of numerous findings demonstrated the very weak role of legal threats compared with extralegal factors in decisions to use or not use cannabis. Marijuana use became the most studied crime in the deterrence literature, enabling one investigator who exploited it for a comparative analysis of methodologies to conclude that however and wherever studied, `perceptions of formal sanctions play little or no role in explaining variance in rates of self-reported marijuana use.';SPMnbsp;;SPMquot; Erickson Cheung, supra note 104, at~258 (citation omitted.)
Jeffrey Fagan and William Spelman, Associate Professors, respectively, of criminal justice at Rutgers University and of public affairs at the University of Texas, have argued that market forces, more than law enforcement efforts, have the greatest impact on the deleterious health effects of the so-called ``drug problem;SPMquot;: ``Drug epidemics come and go in New York and other large cities. The behavior of legal institutions seems to be far less influential in these epidemics than the natural ebb and flow of each drug era. Acting much like consumers in a free market, drug users and sellers regulate their own affairs, setting rules and transmitting knowledge about the dangers and effect of particular drugs.'' Letter to the Editor, Market Forces at Work, N.Y. Times, Feb.~11, 1994, at~A34.<#592#>
... trade.;SPMquot;^{<#1831#>108<#1831#>}^{<#1831#>108<#1831#>}: <#593#>E.J. Mishan, Narcotics: The Problem and the Solution, 61 Pol. Quar. 441, 458 (1990) (emphasis in original); see also Sidney Zion, Battle Lines in the War on Drugs: Make Them Legal, N.Y. Times, Dec.~15, 1993, at~A27 (``;SPMnbsp;`Under prohibition every addict becomes a salesman.~... He has to bring in new customers so that he can earn enough money to feed his habit.';SPMnbsp;;SPMquot; (quoting British physician John Marks)). ``[T]here is at least some evidence that the `forbidden fruit' aspect of prohibition may lead to increased use of or experimentation with drugs, particularly among the young.~... The case for legalization does not rely on this argument, but those who believe prohibition needs no defense cannot simply dismiss it.;SPMquot; James Ostrowski, Thinking About Drug Legalization, Cato Institute Policy Analysis No.~121, May~25, 1989, at~1.<#593#>
... increased.^{<#1833#>109<#1833#>}^{<#1833#>109<#1833#>}: <#594#>Letter to the Editor, Just Say Yes, The Village Voice, Jan.~18, 1994, at~6 (submitted by Dr. John P. Morgan, Professor, City University of New York Medical School).<#594#>
... increasing.;SPMquot;^{<#1835#>110<#1835#>}^{<#1835#>110<#1835#>}: <#595#>Id.<#595#>
... drugs.^{<#1837#>111<#1837#>}^{<#1837#>111<#1837#>}: <#596#>Id.<#596#>
... states.^{<#1839#>112<#1839#>}^{<#1839#>112<#1839#>}: <#597#>Grinspoon Bakalar, supra note 27, at~358; see also Steve France, Should We Fight or Switch?, 76 A.B.A.J. 42, 45 (1990).<#597#>
... marijuana.^{<#1841#>113<#1841#>}^{<#1841#>113<#1841#>}: <#598#>Ethan Nadelmann, Isn't it Time to Legalize Drugs?, The Boston Sunday Globe, Oct.~2, 1988, at~A23; see also J. P. Morgan, D. Riley G. B. Chesher, Cannabis: Legal Reform, Medicinal Use and Harm Reduction, in Psychoactive Drugs and Harm Reduction (Nick K. Heather ed., 1993) (reporting that decriminalization, of small amounts of marijuana in Australian state of South Australia in 1985 did not result in any change in rates of marijuana use in South Australia; there were no significant differences in rates of use between South Australia and other Australian states which had not changed their laws regarding marijuana).<#598#>
... consumption,^{<#1843#>114<#1843#>}^{<#1843#>114<#1843#>}: <#599#>See Nadelmann, supra note 113, at~A23.<#599#>
... illegal.^{<#1845#>115<#1845#>}^{<#1845#>115<#1845#>}: <#600#>See Henk Jan van Vliet, The Uneasy Decriminalization: A Perspective on Dutch Drug Policy, 18 Hofstra L. Rev. 717 (1990).<#600#>
... decriminalization.^{<#1847#>116<#1847#>}^{<#1847#>116<#1847#>}: <#601#>Nadelmann, supra note 113, at~A23.<#601#>
... Germany.^{<#1849#>117<#1849#>}^{<#1849#>117<#1849#>}: <#602#>But see Marlise Simons, Drug Floodgates Open, Inundating the Dutch, N.Y. Times, Apr.~20, 1994, at~A4 (reporting that ``drug tourists'' from Germany, Belgium, Luxembourg, and France flock to the Netherlands because of its ``permissive rules for soft drugs;SPMquot;).<#602#>
... higher.^{<#1851#>118<#1851#>}^{<#1851#>118<#1851#>}: <#603#>Sidney Zion, Battle Lines in the War on Drugs: Make Them Legal, N.Y. Times, Dec.~15, 1993, at~A27.<#603#>
... centuries^{<#1853#>119<#1853#>}^{<#1853#>119<#1853#>}: <#604#>France, supra note 112, at~45.<#604#>
... moderation.^{<#1855#>120<#1855#>}^{<#1855#>120<#1855#>}: <#605#>``[W]hat grounds are there for the tacit assumption that if prohibition were lifted [drug] consumption would increase so dramatically as to create a social crisis? The citizens of the West do not customarily behave like an unthinking bovine herd, ready to ingest anything placed before them that is cheap and plentiful. After all, alcoholic liquors---regarded by drug specialists as the most dangerous of all drugs---are universally available. Yet the vast majority of citizens are not addicts. Nor is there any expectation that they ever will be.~... [M]ost people drink occasionally, or even daily, but in moderation. Were the trade in cocaine to be decriminalized, it is reasonable to expect that, after some initial experimenting, the pattern would not be dissimilar to that of alcohol.;SPMquot; E. J. Mishan, Narcotics: The Problem and the Solution, 61 Pol. Quar. 441, 442--43 (1990).<#605#>
... drugs.^{<#1857#>121<#1857#>}^{<#1857#>121<#1857#>}: <#606#>Bureau of Justice Statistics, United States Department of Justice, Drugs, Crime, and the Justice System 26 (1992).<#606#>
... substances.^{<#1859#>122<#1859#>}^{<#1859#>122<#1859#>}: <#607#>Nadelmann, supra note 113, at~A23.<#607#>
... Network.^{<#1861#>123<#1861#>}^{<#1861#>123<#1861#>}: <#608#>Medical Examiner Data, Table 4.02---Distribution of drug abuse deaths by selected episode characteristics: 1988--1991, in Annual Medical Examiner Data 1991, Data from the Drug Abuse Warning Network, NIDA Statistical Series, Series I, Number 11-B, page 50.<#608#>
... use.^{<#1863#>124<#1863#>}^{<#1863#>124<#1863#>}: <#281#>The drastic decline within the past thirty years in use of tobacco, perhaps the most addictive psychoactive substance of all, without resort to any criminal sanctions, stands as the paramount example of the power of social controls over patterns of use of psychoactive substances.<#281#>
... prohibition.^{<#1865#>125<#1865#>}^{<#1865#>125<#1865#>}: <#609#>Grinspoon Bakalar, supra note~27, at~359 n.27 (citing E. A. Nadelmann, Thinking Seriously About Alternatives); see also John Horgan, A Kinder War, Sci. Amer., July~1993, at~24 (citing Arnold S. Trebach). Arnold S. Trebach is the president of The Drug Policy Foundation, a non-profit group based in Washington, D.C. that explores alternatives to the current drug policies and which espouses an approach to ``the drug problem'' called ``harm reduction.;SPMquot; The idea behind harm reduction is that drug abuse whould be viewed, at worst, as a disease requiring treatment and not an absolute evil that must be eradicated at all costs. ``The essence is the acceptance of the enduring reality of drug use, the absurdity of even attempting to create a drug-free society and the need to treat drug users and abusers as basically decent human beings.;SPMquot; Id.<#609#>
... hepatitis.^{<#1873#>126<#1873#>}^{<#1873#>126<#1873#>}: <#610#>See Don C. Des Jarlais Samuel R. Friedman, AIDS and the Use of Injected Drugs, Sci. Amer., Feb.~1994, at~82, 84; Don C. Des Jarlais, Samuel R. Friedman, Jo L. Sotheran, John Wenston, Michael Marmor, Stanley Yancovitz, Blanche Frank, Sara Beatrice Donna Mildvan, Continuity and Change Within an HIV Epidemic: Injecting Drug Users in New York City, 1984 through 1992, 271 JAMA 121--27 (1994).<#610#>
... them.;SPMquot;^{<#1875#>127<#1875#>}^{<#1875#>127<#1875#>}: <#611#>Robert Wood Johnson Foundation, Substance Abuse: The Nations's Number One Health Problem 36--37 (1993) [hereinafter Substance Abuse].<#611#>
... drugs.^{<#1877#>128<#1877#>}^{<#1877#>128<#1877#>}: <#612#>National Association of State Alcohol and Drug Abuse Directors, Treatment Works 10--12 (1990) [hereinafter Treatment Works].<#612#>
... population.^{<#1879#>129<#1879#>}^{<#1879#>129<#1879#>}: <#613#>See New York Needle Exchanges Called Surprisingly Effective, N.Y. Times, Feb.~18, 1993, at~A1, B4.<#613#>
... necessity.^{<#1881#>130<#1881#>}^{<#1881#>130<#1881#>}: <#614#>See People v. Bordowitz, 155 Misc. 2d 128, 588 N.Y.S.2d 507 (Sup. Ct., N.Y. County 1991) (medical necessity defense sustained where defendants handed out clean hypodermic needles to drug addicts to prevent further spread of HIV and AIDS infections).<#614#>
... drugs.^{<#1885#>131<#1885#>}^{<#1885#>131<#1885#>}: <#615#>See, e.g., Richard B. Woodward Eugene Richards, Under Their Skin, N.Y. Times Magazine, Dec.~5, 1993, at~58 (photo of woman performing act of prostitution for money to buy drugs); Sonia Nazario, Sex, Drugs and No Place To Go, Los Angeles Times, Dec.~12, 1993, pt.~A, at~1, col.~1 (profiles of teenage prostitutes selling their bodies for drugs).<#615#>
... children.^{<#1887#>132<#1887#>}^{<#1887#>132<#1887#>}: <#616#>See, e.g., Jonathan Eig, Parental Addiction; Mother of Six Crack Babies Blames Drugs, Prostitution, Dallas Morning News, Dec.~12, 1993, at~1A (profile of mother who ``continues to sell her body for cocaine;SPMquot; and does not consistently use condoms); Katherine Boo, Unpretty Woman, Washington Post, Aug.~22, 1993, at~C1 (reporting risky behavior of ``crack whore;SPMquot;).<#616#>
... others.^{<#1889#>133<#1889#>}^{<#1889#>133<#1889#>}: <#617#>See Laurie Garrett, Syphilis, Gonorrhea Cases Soar in U.S., Newsday, Sept.~19, 1990, at~2 (quoting Dr. Robert Rolfs).<#617#>
... others.^{<#1893#>134<#1893#>}^{<#1893#>134<#1893#>}: <#618#>See, e.g., Robert Lipsyte, Ladling Out a Little Hope to the Hopeless, N.Y. Times, Oct.~24, 1993, §~13, at~3 (describing various ills of addicted prostitutes); Richard P. Usatine, L. Gelberg, M.H. Smith J. Lesser, Health Care for the Homeless, 49 Amer. Family Physician 139 (1994) (describing studies of general health problems associated with substance abuse).<#618#>
... eradication.^{<#1895#>135<#1895#>}^{<#1895#>135<#1895#>}: <#619#>See, e.g., Kathleen Neville, Assia Bromberg, Ruven Bromberg, Stanley Bonk, Bruce A. Hanna William N. Rom, The Third Epidemic---Multidrug-Resistant Tuberculosis, 104 Chest 45 (1994) (multidrug-resistant TB linked to intravenous drug abuse, homelessness, HIV infection); Robert M. Morgenthau, Efforts Needed on Behalf of Our Children, N.Y.L.J., Jan.~19, 1994, at~2 (noting connection of injection drug use to drug-resistant TB, and consequent costs to society).<#619#>
... job).^{<#1899#>136<#1899#>}^{<#1899#>136<#1899#>}: <#620#>See, e.g., Andrea Hamilton, Supporters Say Needle Exchange Works, and Addicts Like It, Associated Press, Feb.~28, 1994 (quoting doctors discussing addicts' reasons for avoiding regular health care system).<#620#>
... ward.^{<#1901#>137<#1901#>}^{<#1901#>137<#1901#>}: <#621#>See Substance Abuse, supra note~127, at~38--39 (``[i]llicit drug users---particularly people using cocaine or heroin---make more than 370,000 visits to costly emergency rooms each year;SPMquot;); Joseph B. Treaster, U.S. Reports Sharp Increase in Drug-Caused Emergencies, N.Y. Times, Oct.~5, 1993, at~B11 (quoting federal officials reporting steep rise in costly emergency room care for drug-related ills).<#621#>
... drugs.^{<#1903#>138<#1903#>}^{<#1903#>138<#1903#>}: <#622#>See, e.g., Philip J. Hilts, Hospitals Sought Out Prenatal Drug Abuse, N.Y. Times, Jan.~21, 1994, at~A12 (reporting that ``university hospital in South Carolina has been accused of testing pregnant women for drug use without their consent,;SPMquot; sharing the test results with law enforcement authorities and threatening women with prosecution if they refused to attend drug treatment program); see also Gina Kolata, Racial Bias Seen on Pregnant Addicts, N.Y. Times, July~20, 1990, at~A13 (``Most women prosecuted for using illegal drugs while pregnant have been poor members of racial minorities, experts say, even though drug use in pregnancy is equally prevalent in middle-class women.;SPMquot;). The drug distribution criminal cases against pregnant women are somewhat ironic in view of the scientific evidence that nursing women deliver natural opioids to their children in their human milk. See Natalie Angier, Mother's Milk Found to Be Potent Cocktail of Hormones, N.Y. Times, May~24, 1994, at~C1.<#622#>
... care.^{<#1905#>139<#1905#>}^{<#1905#>139<#1905#>}: <#623#>See Wendy Chavkin, Drug Addiction and Pregnancy: Policy Crossroads, 80 Am. J. Pub. Health 483 (1990); American Public Health Association, Illicit Drug Use by Pregnant Women, 1990 Public Policy Statement Adopted at 118th Annual Meeting, No.~9020 4--6 (1990); State of New York Anti-Drug Abuse Council, Anti-Drug Abuse Strategy Report 1990 Updates, 6, 33--37.<#623#>
... ship.^{<#1911#>140<#1911#>}^{<#1911#>140<#1911#>}: <#624#>Des Jarlais Friedman, supra note~126, at~85.<#624#>
... laws.^{<#1913#>141<#1913#>}^{<#1913#>141<#1913#>}: <#625#>See, e.g., A Potent ``Designer'' Drug, N.Y. Times, Feb.~3, 1991, at~30 (reporting on more than 150 deaths from overdoses of different forms of synthetic heroin, devised ``[b]ecause laws outlawing drugs are based on specific chemical formulas [and] `designer drugs' are legal until they are broken down in government laboratories and laws are rewritten to ban them.;SPMquot;); Michael Hedges, DEA Nabs 2 For Making Ultralethal Drug Fentanyl, Washington Times, Feb.~6, 1993, at~A4 (reporting arrest of ``highly skilled'' manufacturers of drugs responsible for many overdose deaths in the Northeast); Chapin Wright Peg Tyre, Killer Drug's Toll Now 12, Newsday, Feb.~4, 1991, at~3.<#625#>
... drugs.;SPMquot;^{<#1915#>142<#1915#>}^{<#1915#>142<#1915#>}: <#626#>See James Ostrowski, The Moral and Practical Case for Drug Legalization, 18 Hofstra L. Rev. 607, 652, 654 (1990) (``Because there is no quality control in the black market, prohibition also kills by making drug use more dangerous. Illegal drugs contain poisons, are of uncertain potency, and are injected with dirty needles. Many deaths are caused by infections, accidental overdoses, and poisoning.~... In summary, the attempt to protect users from themselves has backfired, as it did during Prohibition. The drug laws have succeeded only in making drug use much more dangerous by driving it underground and out of reach of moderating social and medical influences.;SPMquot;).<#626#>
... substances.^{<#1917#>143<#1917#>}^{<#1917#>143<#1917#>}: <#627#>See Malcolm W. Browne, Problems Loom In Effort to Control Use of Chemicals for Illicit Drugs, N.Y. Times, Oct.~24, 1989, at~C1 (reporting experts' belief that prohibition is futile because of ``seemingly endless alternative methods of synthesizing drugs;SPMquot; and the continuing development of ``new and ever more powerful drugs;SPMquot;).<#627#>
... use.^{<#1923#>144<#1923#>}^{<#1923#>144<#1923#>}: <#628#>See, e.g., Jane E. Brody, 17 States in Vanguard of War on Smoking, N.Y. Times, Nov.~10, 1993, at~C17 (reporting that new study by Dr. J. Michael McGinnis and Dr. WIlliam H. Foege ranks top nine nongenetic causes of death in the United States in 1990 with tobacco first (400,000 deaths per yar), alcohol third (100,000 deaths per year), and illegal use of drugs ninth (20,000 per year)). The federal government's Food and Drug Administration has recently suggested that cigarettes should be regulated as ``an addictive drug;SPMquot; because tobacco companies ``manipulate the amount of nicotine in cigarettes to maintain smokers' addictions.;SPMquot; Philip J. Hilts, U.S. Agency Suggests Regulating Cigarettes as an Addictive Drug, N.Y. Times, Feb.~26, 1994, at~A1.<#628#>
... behavior.^{<#1925#>145<#1925#>}^{<#1925#>145<#1925#>}: <#629#>See, e.g., Letter to the Editor, Marijuana vs. Alcohol for Teenagers, N.Y. Times, June~30, 1992, at~22, col.~4 (New York City police officer recalls ``when we cracked down on the beer drinking [at rock concerts], marijuana smoke wafted overhead, and the few problems we encountered were usually the result of police officers arresting marijuana users;SPMquot;).<#629#>
... drinking.;SPMquot;^{<#1927#>146<#1927#>}^{<#1927#>146<#1927#>}: <#630#>Peter Passell, Economic Scene: Less Marijuana, More Alcohol, N.Y. Times, June~17, 1992, at~D2.<#630#>
... fatalities.;SPMquot;^{<#1929#>147<#1929#>}^{<#1929#>147<#1929#>}: <#631#>Id.<#631#>
... emergencies.;SPMquot;^{<#1931#>148<#1931#>}^{<#1931#>148<#1931#>}: <#632#>Id.<#632#>
... areas.^{<#1935#>149<#1935#>}^{<#1935#>149<#1935#>}: <#633#>As was written about alcohol Prohibition (but equally applicable to today's illegalization of drugs), ``[t]he underworlds of the larger cities have been termendously strengthened by the manufacture and distribution of intoxicating liquors. The immense profits derived from this source have become the backbone of criminal organizations in many of these cities.;SPMquot; Arthur V. Lashly, The Professional Criminal and Organized Crime, A Report to the Section of Criminal Law and Criminology of the ABA, 51st Annual Meeting, Seattle, WA, July~25--27, 1928 (Miscellaneous Bar Phamphlet, Vol.~36, Library of the Association of the Bar of the City of New York).<#633#>
... victims.^{<#1937#>150<#1937#>}^{<#1937#>150<#1937#>}: <#634#>See, e.g., People v. Hernandez, 82 N.Y.2d 309, 604 N.Y.S.2d 524, 624 N.E.2d 661 (1993) (police officer fatally shot in gunfight during drug raid); Scott Ladd, Drug Gang ``Enforcer'' Arrested, Newsday, Mar.~30, 1994, at~4 (reporting that drug gang routinely killed bystanders).<#634#>
... crossfire.^{<#1939#>151<#1939#>}^{<#1939#>151<#1939#>}: <#635#>Rudolph Giuliani, Control Guns Through Licensing, USA Today, Mar.~3, 1994, at~13A.<#635#>
... violence.^{<#1941#>152<#1941#>}^{<#1941#>152<#1941#>}: <#636#>See Randy T. Salekin Bruce K. Alexander, Cocaine and Crime, in New Frontiers in Drug Policy 105, 111 (Arnold S. Trebach Kevin B. Zeese eds., 1991).<#636#>
... alcohol.^{<#1943#>153<#1943#>}^{<#1943#>153<#1943#>}: <#637#>``Alcohol is the drug most associated with many forms of violence, including domestic violence.;SPMquot; American Bar Association, New Directions for National Substance Abuse Policy 15 (1994); see also Substance Abuse, supra note~127, at~34--35 (counting alcohol-related deaths from automobile accidents, falls, fires and drowning); Steven B. Duke, To Reduce Crime, Legalize Drugs, Chicago Tribune, Jan.~5, 1994, at~15 (tracing correlation of alcohol consumption and violent crime); Steven Jonas, Solving the Drug Problem: A Public Health Approach to the Reduction of the Use and Abuse of Both Legal and Illegal Recreational Drugs, 18 Hofstra L. Rev., 751, 752--53 (1990) (``It happens that the negative health effects of the two legal drugs are much more serious than those of the currently illegal ones. For example, smoking kills about 400,000 persons per year, while alcohol is associated with 80,000 to 200,000 deaths per year. Together, on the other hand, the currently illegal drugs were responsible for about six thousand deaths in 1987.;SPMquot;) (emphasis in original) (footnotes omitted).<#637#>
... abuse.^{<#1947#>154<#1947#>}^{<#1947#>154<#1947#>}: <#638#>Even supporters of the current prohibitionist laws have recognized that more resources should be devoted to treatment. See Edward A. Adams, ABA Urges Additional Funding for Drug Treatment, N.Y.L.J., Feb.~4, 1994, at~1 (noting that ABA ``has called for more federal funding for treatment of drug abusers, saying education, prevention and rehabilitation should be `on a par with law enforcement and interdiction efforts';SPMnbsp;;SPMquot;); see also Joseph B. Treaster, New Focus on Drugs, N.Y. Times, Feb.~12, 1994, at~7 (reporting Administration's introduction of ``a model drug treatment program;SPMquot;); Joseph B. Treaster, President Plans to Raise Drug Treatment Budget, N.Y. Times, Feb.~8, 1994, at~B9 (reporting that Administration has budgeted $5.4 billon for drug prevention and treatment); Joseph B. Treaster, More Arrests, More Therapy in Drug Plan, N.Y. Times, Jan.~27, 1994, at~B1.<#638#>
... increase.;SPMquot;^{<#1949#>155<#1949#>}^{<#1949#>155<#1949#>}: <#639#>American Bar Association, New Directions for National Substance Abuse Policy 19 (1994).<#639#>
... problem.^{<#1955#>156<#1955#>}^{<#1955#>156<#1955#>}: <#373#>It must be remembered that forty million Americans are estimated to use drugs but only four to six million of these are considered to be addicts or abusers for whom usage of all types of drugs (licit and illicit) is beyond their control. It is these drug abusers to whom treatment must be fully available.<#373#>
... together.^{<#1957#>157<#1957#>}^{<#1957#>157<#1957#>}: <#640#>Treatment of Drug Dependence: What Works, International Review of Psychiatry 81 (1989).<#640#>
... effort.^{<#1959#>158<#1959#>}^{<#1959#>158<#1959#>}: <#641#>There is, however, at least one experimental therapy that may provide a ``magic bullet;SPMquot; to cure addiction for extended periods. Ibogaine, a hallucinogenic drug that is now prohibited, has shown a remarkable ability to break a user's drug addiction to heroin, cocaine, and other drugs after a single administration. See Spencer Rumsey, Addiction Obsession, Newsday, Nov.~19, 1992, at~72; Sandra Blakeslee, A Bizarre Drug Tested in the Hope of Helping Drug Addicts, N.Y. Times, Oct.~27, 1993, at~C11; Dolores King, Hallucinogen Being Studied as Treatment for Addiction, The Boston Globe, Nov.~9, 1992, at~29.<#641#>
... work.^{<#1961#>159<#1961#>}^{<#1961#>159<#1961#>}: <#642#>See Mathea Falco, The Making of a Drug-Free America 108--09 (1992); Substance Abuse, supra note~127, at~28--29 (reviewing relapse among smokers, drinkers, and users of illicit drugs).<#642#>
... patients.^{<#1965#>160<#1965#>}^{<#1965#>160<#1965#>}: <#643#>See Falco, supra note~159, at~116--19.<#643#>
... House.^{<#1969#>161<#1969#>}^{<#1969#>161<#1969#>}: <#644#>See Falco, supra note~159, at~119--25 (descriptions of Phoenix House in New York and Amity, a therapeutic community in Phoenix, Arizona).<#644#>
... later.^{<#1971#>162<#1971#>}^{<#1971#>162<#1971#>}: <#645#>Falco, supra note~159, at~120; see also Douglas Anglin Yih-Ing Hser, Treatment of Drug Abuse, in Drugs and Crime 393--460 (Michael Tonry James Q. Wilson eds., 1990).<#645#>
... later.^{<#1973#>163<#1973#>}^{<#1973#>163<#1973#>}: <#646#>Robert L. Hubbard, Mary Ellen Marsden, J. Valley Rachal, Henrick J. Harwood, Elizabeth R. Cavanaugh Harold M. Ginzburg, Drug Abuse Treatment, A National Study of Effectiveness 102 (1989) [hereinafter Drug Abuse Treatment]; Treatment Works, supra note~128, at~17.<#646#>
... programs.^{<#1977#>164<#1977#>}^{<#1977#>164<#1977#>}: <#647#>See, e.g., Sylvia Nasar Alison Leigh Cowan, A Wall St. Star's Agonizing Confession, N.Y. Times, Apr.~3, 1994, §~3, at~1 (investment banker and former Reagan administration official Lawrence Kudlow); Peter J. Boyer, The Ogre's Tale, The New Yorker, Apr.~4, 1994, at~36 (Senator Bob Packwood); Carol Emert, Alcoholism Among the Elderly Discussed on Capitol Hill, States News Service, Feb.~7, 1992 (Reagan White House Deputy Chief of Staff Michael Deaver ``credits his sobriety during the last six years to a stay at Ashley House;SPMquot;); Alison Bass, Substance Abuse Centers Wither in Changing Times, Boston Globe, Oct.~31, 1993, Metro sec., at~1 (Kitty Dukakis); Ronald Blum, Sports News, Associated Press, Jan.~29, 1994 (Mickey Mantle, Elizabeth Taylor, Liza Minelli, Betty Ford).<#647#>
... drugs.^{<#1981#>165<#1981#>}^{<#1981#>165<#1981#>}: <#648#>See Falco, supra note~159, at~126--27.<#648#>
... 85\%.^{<#1983#>166<#1983#>}^{<#1983#>166<#1983#>}: <#649#>Drug Abuse Treatment, supra note ~163, at~103, 180.<#649#>
... 71\%.^{<#1985#>167<#1985#>}^{<#1985#>167<#1985#>}: <#650#>J.C. Ball, W.R. Lange, C.P. Meyers S.R. Friedman, Reducing the Risk of AIDS Through Methadone Maintenance Treatment, 29 Journal of Health and Social Behavior 214--26 (1988).<#650#>
... later.^{<#1987#>168<#1987#>}^{<#1987#>168<#1987#>}: <#651#>Treatment Works, supra note~128, at~17.<#651#>
... studies.^{<#1991#>169<#1991#>}^{<#1991#>169<#1991#>}: <#652#>Most studies have investigated its effect on alcoholism. See M.L. Bullock, P.D. Culliton R.T. Olander, Controlled Trial of Acupuncture for Severe Recidivist Alcoholism, The Lancet, June~24, 1989, at~1434--39; M. Smith K. Ra, Use of Acupuncture in the Treatment and Prevention of Alcohol Abuse, 23 Alcoholism 25--31.<#652#>
... abusers.^{<#1993#>170<#1993#>}^{<#1993#>170<#1993#>}: <#653#>Falco, supra note~159, at 112--17.<#653#>
... later.^{<#1995#>171<#1995#>}^{<#1995#>171<#1995#>}: <#654#>Treatment Works, supra note 128, at 17.<#654#>
... marijuana.^{<#1997#>172<#1997#>}^{<#1997#>172<#1997#>}: <#655#>Id. at 15.<#655#>
... results.^{<#2001#>173<#2001#>}^{<#2001#>173<#2001#>}: <#656#>See Drug Abuse Treatment, supra note~163, at~179--84 (tables showing success rates for therapeutic communities, outpatient methadone and outpatient drug-free programs).<#656#>
... use.^{<#2005#>174<#2005#>}^{<#2005#>174<#2005#>}: <#657#>The results of the study were published in Drug Abuse Treatment, supra note~163.<#657#>
... year.^{<#2007#>175<#2007#>}^{<#2007#>175<#2007#>}: <#658#>Ball, Lange, Meyers Friedman, supra note~167, at~214, 218.<#658#>
... later.^{<#2009#>176<#2009#>}^{<#2009#>176<#2009#>}: <#659#>Treatment Works, supra note 128, at 17.<#659#>
... ended.^{<#2011#>177<#2011#>}^{<#2011#>177<#2011#>}: <#660#>Id. at 18; see also National Institute on Drug Abuse, Effectiveness of Drug Abuse Treatment (Jan.~20, 1988) [hereinafter Effectiveness of Drug Abuse Treatment]; Office of Technology Assessment, The Effectiveness of Drug Abuse Treatment: Implications for Controlling AIDS/HIV Infection, Background Paper No.~6, 56--77 (Sept.~1990).<#660#>
... all.^{<#2013#>178<#2013#>}^{<#2013#>178<#2013#>}: <#661#>Drug Abuse Treatment, supra note 163, at 163.<#661#>
... drugs.^{<#2015#>179<#2015#>}^{<#2015#>179<#2015#>}: <#662#>See Falco, supra note 159, at 110.<#662#>
... HIV.^{<#2019#>180<#2019#>}^{<#2019#>180<#2019#>}: <#663#>Effectiveness of Drug Abuse Treatment, supra note 177.<#663#>
... two-thirds.^{<#2021#>181<#2021#>}^{<#2021#>181<#2021#>}: <#664#>Drug Abuse Treatment, supra note 163, at 128--29, 181.<#664#>
... modalities.^{<#2023#>182<#2023#>}^{<#2023#>182<#2023#>}: <#665#>Treatment Works, supra note 128, at 17--18.<#665#>
... discharge.^{<#2025#>183<#2025#>}^{<#2025#>183<#2025#>}: <#666#>Id.<#666#>
... half.^{<#2027#>184<#2027#>}^{<#2027#>184<#2027#>}: <#667#>Drug Abuse Treatment, supra note 163, at 137--37.<#667#>
... treatment.^{<#2029#>185<#2029#>}^{<#2029#>185<#2029#>}: <#668#>See generally Victor Tabbush, The Effectiveness and Efficiency of Publicly Funded Drug Abuse Treatment and Prevention Programs in California: A Benefit-Cost Analysis (Mar.~1986).<#668#>
... problems.^{<#2031#>186<#2031#>}^{<#2031#>186<#2031#>}: <#669#>One study of ten hospitals in upstate New York found that forty-four percent of the emergency room patients evaluated for psychiatric problems showed evidence of current substance use. M.E. Evans R.J. Martin, Description of Clients Using Psychiatric Emergency Room Services, New York State Office of Mental Health, Bureau of Evaluation and Research Services (1989).<#669#>
... alone.^{<#2033#>187<#2033#>}^{<#2033#>187<#2033#>}: <#670#>State of New York Anti-Drug Abuse Council, Anti-Drug Abuse Strategy Report 1990 Update, at~29 (data from Statewide Planning and Research Cooperative System from all general hospitals in New York State).<#670#>
... day,^{<#2035#>188<#2035#>}^{<#2035#>188<#2035#>}: <#671#>According to the American Hospital Association, 1989 the average cost per day, per room in a hospital in the United States was $637. The Association expected that figure to rise by 35 to 40 by 1992. Suzanne Gordon, Hospices and the High Cost of Dying, Chicago Tribune, Dec.~19, 1992, Zone N, at~23.<#671#>
... them.^{<#2037#>189<#2037#>}^{<#2037#>189<#2037#>}: <#672#>State of New York Anti-Drug Abuse Council, Anti-Drug Abuse Strategy Report 1990 Update, at~5--6, 36--37.<#672#>
... addict.^{<#2039#>190<#2039#>}^{<#2039#>190<#2039#>}: <#673#>Id.; see also Treatment Works, supra note 128, at 23--24.<#673#>
... each.^{<#2041#>191<#2041#>}^{<#2041#>191<#2041#>}: <#674#>Francis X. Clines, Dealing With Drug Dealers: Rehabilitation, Not Jail, N.Y. Times, Jan.~20, 1993, at~B2; Legal action Center, Moving in the Right Direction: New York State's Fight Against Alcoholism and Drug Addiction (Nov.~1, 1991).<#674#>
... drugs.^{<#2045#>192<#2045#>}^{<#2045#>192<#2045#>}: <#453#>To be effective, of course, such education programs must be credible and non-propagandistic.<#453#>
... erroneous.^{<#2047#>193<#2047#>}^{<#2047#>193<#2047#>}: <#675#>Even the United States Department of Health and Human Services recognizes that the effectiveness of many school-based prevention programs remains untested. See Promoting Health Development Through School-Based Prevention: New Approaches, in United States Department of Health and Human Services, Preventing Adolescent Drug Use: From Theory to Practice, OSAP Prevention Monograph-8, DHHS Pub.~No. (ADM) 91-1725 (1991) [hereinafter OSAP Monograph-8].<#675#>
... use.^{<#2049#>194<#2049#>}^{<#2049#>194<#2049#>}: <#676#>Falco suggests that school systems are too willing to implement programs like DARE (Drug Abuse Resistance Education) which limit the need to use school resources and are easier to implement because they bring in outsiders like police officers to lecture on prevention. These programs have not proven effective in reducing tobacco, alcohol, or drug use. Falco, supra note~159, at~43.<#676#>
... 50\%.^{<#2055#>195<#2055#>}^{<#2055#>195<#2055#>}: <#677#>Falco, supra note 159, at 41.<#677#>
... program.^{<#2061#>196<#2061#>}^{<#2061#>196<#2061#>}: <#678#>Falco, supra note 159, at 56.<#678#>
... involvement.^{<#2065#>197<#2065#>}^{<#2065#>197<#2065#>}: <#679#>Id. at 59--60, 63--64.<#679#>
... boys.^{<#2069#>198<#2069#>}^{<#2069#>198<#2069#>}: <#680#>Id. at 64. A discussion of the SSDP project is also contained in the OSAP Monograph-8, supra note~193, at~147--152. There the authors report that the program resulted in more positive attitudes towards teachers and family and improved academic development.<#680#>
... adopted.^{<#2074#>199<#2074#>}^{<#2074#>199<#2074#>}: <#681#>Stephen Labaton, Surgeon General Suggests Study of Legalizing Drugs, N.Y. Times, Dec.~8, 1993, at~A23.<#681#>
... work.^{<#2076#>200<#2076#>}^{<#2076#>200<#2076#>}: <#682#>See James Ostrowski, The Moral and Practical Case for Drug Legalization, 18 Hofstra L. Rev. 607, 647 (1990) (``The repeal of alcohol prohibition provides the appropriate analogy. Repeal did not end alcoholism---as indeed Prohibition did not---but it did solve many of the problems created by Prohibition, such as corruption, murder, and poisoned alcohol.;SPMquot;).<#682#>
... treatment.^{<#2078#>201<#2078#>}^{<#2078#>201<#2078#>}: <#683#>At least one state in Germany appears to have adopted a policy like this. See Stephen Kinzer, German State Eases Its Policy on Drug Arrests, N.Y. Times, May~18, 1994, at~A5 (reporting that officials in Germany's most populous state, North Rhine-Westphalia, ``say the police there will no longer arrest people for possessing small amounts of any drug, including cocaine, heroin, morphine, amphetamine pills or LSD;SPMquot;).<#683#>
... influence).^{<#2080#>202<#2080#>}^{<#2080#>202<#2080#>}: <#684#>See Matthew L. Wald, Learning to Screen Drugged Drivers on Nassau Roads, N.Y. Times, Dec.~5, 1993, at~49 (reporting that at federal government's urging, police are being trained ``in a rigorous, standardized program of learning to spot and analyze drug abuse;SPMquot; so as to catch drugged drivers.<#684#>
... intent,^{<#2082#>203<#2082#>}^{<#2082#>203<#2082#>}: <#475#>N.Y. Penal Law §~15.25 (McKinney 1987).<#475#>