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77 Ohio St. L.J. 1323 (2016)
Drug Truce

handle is hein.journals/ohslj77 and id is 1355 raw text is: 




                            Drug Truce

                            ALEX   KREIT*

   After enjoying  nearly universal support from elected officials for
   decades, the war on drugs is under attack. Prominent politicians from
   across the ideological spectrum have started to call for an end to the
   war  on  drugs. New  Jersey's Republican Governor  Chris Christie
   pledged  to end the failed war on drugs  in his second inaugural
   address. President Barack Obama's  first drug czar went so far as to
   claim  that the administration had already certainly ended the drug
   war.  But what  does an  end to the war on drugs  really mean?
   Although  some people might equate it with legalization, both Christie
   and  Obama  oppose legalizing even marifuana.

   Scholars have  critiqued specific components of the drug war since it
   began.  There is also a rich literature debating the relative merits of
   legalization and prohibition. But the question of what separates the
   drug  war  from  non-war  prohibition has been  almost completely
   overlooked   This Article aims to help fill this gap by plotting out a
   drug  war exit strategy.

                          TABLE  OF CONTENTS

1.    INTRODUCTION          ................................... .....1324
II.   A BRIEF HISTORY   OF THE DRUG   WAR  ..............       ......1328
III.  THE LINE  BETWEEN   DRUG  WAR   AND  DRUG  TRUCE..................1335
      A. Rhetoric  and Ideology...........................1336
      B. Arrests         ................................      .......1339
      C. Incarceration        .....................................1340
      D. Racial Disparities                     ...............................1342
IV.   TOWARD   A DRUG  TRUCE        ........................... .....1344
      A.  Current Reform  Efforts..............         ..... ........1345
      B. Arrests         ................................      .......1349
      C. Incarceration        ..................................1356
      D. Racial Disparities       ..........................  .....1364
      E. Principles of a Drug  Truce ......................1369

      * Associate Professor and Co-Director, Center for Criminal Law and Policy, Thomas
Jefferson School of Law. I am grateful to the participants in the Vanderbilt University Law
School Drug Law and Policy Roundtable and the Southwest Criminal Law Workshop at
the University of Utah, S.J. Quinney College of Law for their valuable feedback. Thanks
are due in particular to Shima Baradaran Baughman, Jason Bates, Doug Berman, Jon
Caulkins, Jack Chin, Beth Colgan, Dan Epps, Jeff Fagan, Reid Finlayson, Carl Hart,
Angela Hawken, Carissa Hessick, E. Lea Johnston, Sam Kamin, Beau Kilmer, Andrew
Chongseh Kim, Ben Levin, Ion Meyn, Rob Mikos, Eric Miller, Michael O'Hear, Rosalie
Pacula, Sachin Patel, John Pfaff, and Meghan Ryan.

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