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16 Hous. L. Rev. 603 (1978-1979)
Partial Prohibition of Nonmedical Use of Mind-Altering Drugs: Proposals for Change

handle is hein.journals/hulr16 and id is 633 raw text is: PARTIAL PROHIBITION OF NONMEDICAL USE OF MIND-ALTERING DRUGS: PROPOSALS FOR CHANGE° Michael P. Rosenthal0 I. INTRODurJON This article examines partial prohibition of nonmedically sanctioned use (nonmedical use) of mind-altering drugs as a method of controlling and regulating such use of these substances. Partial prohibition is a policy under which the following uses of mind-altering drugs would not be criminalized or prohibited:1 (1) nonmedical simple possession and use; (2) importation, production, and cultivation for personal use; (3) less certainly, small gifts; and (4) small sales of mind-altering drugs. Non- medical importation, production, and cultivation for the purpose of dis- tribution; nonmedical commercial distribution and, possibly, all nonmedical distribution; and operation of a vehicle under the influence of a mind- altering drug, however, would be prohibited and criminalized. As the term is used in this article, mind-altering drugs include the following con- * @ Copyright 1979 by Michael P. Rosenthal. All rights reserved. This article is based in part on a paper delivered by the author at the Fourth Annual Summer Institute, Policy Alternatives in the Control of Alcohol Abuse, Drug Abuse, and Smoking, University of Washington, Seattle, July 1977. •* A.B., J.D., Columbia University. Professor of Law, The University of Texas School of Law. Consultant on Drug Offenses, National Commission on Reform of Federal Criminal Laws (1968-71); Consultant on Dangerous Drug Legislation, Presi- dent's Commission on Law Enforcement and Administration of justice (1966-67); Reporter on Drug Offenses, State Bar Committee on Revision of the Texas Penal Code (1967-70). The author would like to thank Professors Thomas Buergenthal, Michael 1. Churgin, Robert 0. Dawson, George E. Dix, M. Michael Sharlot, and Gary J. Simson, of the University of Texas Law School, and Professor David B. Wexler, of the University of Arizona College of Law, for sharing their time to discuss a number of the ideas pre- sented in this article, and Professors Buergenthal, Churgin, Dawson, and Simson for reviewing earlier drafts of portions of the manuscript. The author also wishes to thank Dr. Richard H. Blum, formerly Director of the Program in Drugs, Crime, and Community Studies at Stanford Law School, Dr. John Kramer of the departments of psychiatry and pharmacology at the University of Cali- fornia Medical School at Irvine, and Dr. Saul B. Sells, Director of the Institute of Behavioral Research at Texas Christian University, for their endless patience in answer- ing the author's questions. Finally, the author wishes to thank the University Research Institute of the University of Texas at Austin and the University of Texas Law School Foundation for support which made possible the completion of this article. 1. Additionally, drugs regulated under partial prohibition would not be subject to seizure or confiscation. 2. The simple possession offense is committed when a person unlawfully possesses any quantity of a prohibited substance; it differs from the offense of possession with intent to distribute in that the state need not prove that the accused possessed the

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