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Marijuana Law, Policy & Reform

What are the possibilities and foundations supporting a constutional argument for access to marijuana?

By Douglas Berman

The question in the title of this post is the question being raised by a student presentation in in my Marijuana Law, Policy & Reform seminar next week. (It is also a question that has become ever more timely in light of recent suggestions by members of the Trump Administration that we may soon be seeing “greater enforcement” of federal marijuana prohibition.) The student addressing this issue has assembled the following background reading:

State Supreme Court decision recognizing a constitutional right to use marijuana in the home: Ravin v. State, 537 P.2d 494 (Alaska 1975) (westlawpublic site)

U.S. Supreme Court Cases recognizing a right to privacy and autonomy:

Griswold v. Connecticut (1965)

Stanley v. Georgia (1969)

Obergefell v. Hodges (2015)

Brief summary of unenumerated rights found in the 14th amendment through the concept of personal autonomy

NORML Amicus Brief involving right to use marijuana

Posted in:
Assembled readings on specific topics, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate and Recreational Marijuana Commentary and Debate