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Bill to Repeal Criminal Drug Laws: Replacing Prohibition With Regulation

NCJ Number
136511
Journal
Hofstra Law Review Volume: 18 Issue: 3 Dated: (Spring 1990) Pages: 831-880
Author(s)
J L Galiber
Date Published
1990
Length
50 pages
Annotation
This article outlines the text and rationale of the author's proposed New York State Senate bill S.1918 (1989-90) which would legalize the use of all drugs currently considered controlled substances in New York state.
Abstract
The bill is premised on two key beliefs about current prohibitionist policies: the futility of using the criminal law to lessen or stop drug use and the counterproductive and unintended consequences of trying to do so. The bill would repeal all provisions of current law that specify substances as illegal including all those substances widely consumed as recreational drugs. The bill also allows the sale, without prescription, of the formerly illegal substances through specially licensed pharmacists and physicians. Restrictions parallel those that have long been in place with respect to the sale of alcohol. The bill would establish the Controlled Substances Authority, a full-time, salaried 5-person body appointed by the governor whose functions would parallel those of the State Liquor Authority. 99 footnotes

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