The Yale Law Journal

VOLUME
134
2024-2025
Collection

Decriminalizing Drugs

This Collection analyzes legal, social, and political dimensions of drug decriminalization in the context of current debates. The Essays explore issues related to state drug-policy reform, federal cannabis rescheduling, the separation of drug scheduling powers, and family separation in cases of parental drug use.

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Fragile Gains, Persistent Setbacks: The Muddled Arc of American Drug-Law Reform

Ifetayo Harvey

Ifetayo Harvey explores the foremost drug reform issues by giving a broad overview of the Essays in this Collection. Harvey uses Oregons Measure 110 as an example of drug reforms challenges when implemented on a state level. The piece concludes with guidance on how advocates can improve future dru…

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Decriminalizing Cannabis

Jennifer D. Oliva

The United States has criminalized cannabis since 1970. In response to pleas for reform and widespread state cannabis legalization, the federal government recently initiated rulemaking to reschedule cannabis. This Essay argues that the federal government should abandon its legally problematic resche…

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Separation of Drug Scheduling Powers

Mason Marks

Congress split drug scheduling authority between the Department of Health and Human Services and the Drug Enforcement Administration. However, this statutory separation of powers has collapsed, producing unscientific outcomes that undermine the CSA text, purpose, and history. Congress, courts, agenc…

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Deinstitutionalizing Family Separation in Cases of Parental Drug Use

Taleed El-Sabawi & Sarah Katz

Through an institutional theory lens, this Essay examines how the family policing system’s historical emphasis on punishment and surveillance resists even well-intentioned legislative changes. Despite the inclusion of family-centered services in recent legislation, implementation barriers and instit…