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


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