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66 Buff. L. Rev. 313 (2018)
Marijuana Edibles and Gummy Bears

handle is hein.journals/buflr66 and id is 329 raw text is: Buffalo Law Review VOLUME 66 APRIL 2018 NUMBER 2 Marijuana Edibles and Gummy Bears PAUL J. LARKIN, JR.t For most of the last eighty years, state and federal law,' along with international agreements to which the United States is a signatory,2 have outlawed the cultivation, distribution, and possession of marijuana, occasionally punishing such conduct quite severely.3 Over the last two t Senior Legal Research Fellow, The Heritage Foundation; M.P.P. George Washington University, 2010; J.D., Stanford Law School, 1980; B.A., Washington & Lee University, 1977. The views expressed in this Article are my own and should not be construed as representing any official position of The Heritage Foundation. I thank Lawrence A. Brett, Dr. Robert L. DuPont, David Evans, Calvin Fay, Ed Hais1maier, Mark A.R. Kleiman, Bertha K. Madras, John Malcolm, Kevin Sabet, Charles Stimson, and Amy Swearer for excellent comments on an earlier version of this Article. I also thank Lawrence A. Brett and Claudia Rychlik for outstanding research assistance. Any errors are mine. 1. See, e.g., RICHARD J. BONNIE & CHARLES H. WHITEBREAD 11, THE MARIJUANA CONVICTION: A HISTORY OF MARIJUANA PROHIBITION IN THE UNITED STATES (Lindesmith Ctr. 1999) (1974). 2. See Single Convention on Narcotic Drugs, Mar. 30, 1961, 18 U.S.T. 1407, amended by 1972 Protocol, Mar. 25, 1972, 26 U.S.T. 1439; Convention on Psychotropic Substances, Feb. 21, 1971, 32 U.S.T. 543; United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Dec. 20, 1988, 1582 U.N.T.S. 164; ROBIN ROOM ET AL., CANNABIS POLICY: MOVING BEYOND STALEMATE 3, 7-8, 75-76 (2010). 3. See Hutto v. Davis, 454 U.S. 370, 371, 375 (1982) (rejecting the claim that a forty-year sentence for possessing nine ounces of marijuana with the intent to 313

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