ARNOLD S. TREBACH, THE HEROIN SOLUTION, 1 (1982). Trebach then commented:

The years that have passed since that time [1976] have shown, sadly enough, that Dr. Bourne's remarks understated the dimensions of the problem. The number of new addicts in the world every month is becoming enormous, unknown to be sure, but certainly more than "several thousand." In any event, there is no doubt that heroin addiction has become, as Dr. Bourne said, a worldwide affliction.

Id.

This is hardly a lack of an appreciation of the problem of heroin addiction. Trebach frequently has described the problems of the abuse of drugs, noting, for example, the shock of parents in discovering that their children are abusing drugs. ARNOLD S. TREBACH, THE GREAT DRUG WAR 136 (1987). He notes that in his concept of "drugpeace," the police would "continue ... to apprehend the often despicable people involved in the illicit drug trade." Id. at 355.

Dr. Nadelmann reflects that "all the benefits of legalization would be for naught, however, if millions more Americans were to become drug abusers." Ethan A. Nadelmann, The Case of Legalization, THE PUB. INTEREST, Summer 1988, at 3, 24. He observes that "China's experience with the British opium pushers of the nineteenth century, when millions became addicted to the drug, offers one worst-case scenario." Id. at 28. "There is no question that legalization is a risky policy, one that may indeed lead to an increase in the number of people who abuse drugs. But that risk is by no means a certainty." Ethan A. Nadelmann, Drug Prohibition in the United States: Costs, Consequences, and Alternatives, 245 SCI. 939, 946 (1989).

[5] Polsby, supra note 3, at 537.

[6] Id. at 538.

[7] Eric E. Sterling, The Sentencing Boomerang: Drug Prohibition Politics and Reform, 40 VILL. L. REV. 383, 399-405 (1995).

[8] THOMAS SZASZ, OUR RIGHT TO DRUGS: THE CASE FOR A FREE MARKET (1992).

[9] Id. at 106-107.

[10] See Seth Schiesel, On the Web, This Bud's for Your Children, NEW YORK TIMES, Mar 7, 1997, at A1.

[11] Very high percentages of teenagers report that they used alcohol (redefined as a "drink" instead of "more than a few sips" in 1993) in the past 30-days, and these percentages have increased over the past four years: for 8th graders from 24.3% in 1993 to 26.2% in 1996; for 10th graders from 38.2% in 1993 to 40.4% in 1996; and for 12th graders from 48.6% in 1993 to 50.8% in 1996. Asked whether they have been drunk in the past 30-days, last year an astonishingly high percentage of teenagers responded affirmatively: 9.6% of 8th graders, 21.3% of 10th graders, and 31.3% of 12th graders. University of Michigan News and Information Services, The rise in drug use among American teens continues in 1996, Press Release, Dec 19, 1996 (11), Table 1. Asked if they engaged in binge-drinking at any time in the past two weeks (defined as consuming 5 or more drinks at one occasion), 15.65 of 8th graders, 24.8% of 10th graders, and 30.2% of 12th graders responded affirmatively last year. Id. Table 1a. Asked, "How difficult do you think it would be for you to get alcohol if you wanted some?" The percentages responding, "fairly easy" or "very easy" to get were 75.3% for 8th graders, and 90.4% for 10th graders. 12th graders weren't asked. Id. Table 10.

[12] Liquor law violations constituted only 15.5% of all alcohol offense arrests in 1994. There was a very wide variation in the rate among the states. BUREAU OF JUSTICE STAT., U.S. DEP'T OF JUSTICE, 1995 SOURCEBOOK OF CRIMINAL JUSTICE STATISTICS 431 tbl. 4.29 (1996).

[13] See Bruce Horovitz & Melanie Wells, Ads for Adult Vices Big Hit With Teens, USA TODAY, Jan 31, 1997, at A1.

[14] "Just one year after California raised its cigarette tax 25 cents in 1989 -- earmarking some of it for anti-smoking campaigns -- per capita consumption declined 9%. Researchers estimate that a 50-cent tax increase would result in 2.5 million fewer smokers." INSTITUTE FOR HEALTH POL'Y, BRANDEIS U., SUBSTANCE ABUSE: THE NATION'S NUMBER ONE HEALTH PROBLEM, KEY INDICATORS FOR POLICY 54 (1993).

[15] MARK MOORE, BUY AND BUST, (1977 ).

[16] For an extensive discussion of the factors comprising heroin availability, see Charles Faupel, SHOOTING DOPE (1991).

[17] National Transportation Safety Board, Accidents, Fatalities, and Rates, 1982 through 1996, U.S. General Aviation, (visited Feb. 21, 1997) <http://www.ntsb.gov/Aviation/Stats.htm> .

[18] University of Michigan News and Info. Servs., supra note 2, at 6.

[19] Polsby supra note 3, at 538.

[20] See Native American Church, 21 CFR § 1307.31 (1995).

[21] J.H. Brown et al., Students and Substances: Social Power in Drug Education. 19 EDUC. EVALUATION AND ANALYSIS 65, 79-80 (1997). See also Marianne D'Emidio-Caston & Joel H. Brown, The Other Side of the Story: Student Narratives on the California Drug, Alcohol, Tobacco Education Program, (unpublished manuscript, on file with author).

[22] See Brown et al., supra note 21, at 79.

[23] MARK HELPRIN, MEMOIR FROM ANTPROOF CASE 273 (1996).

[24] Polsby, supra note 3, at 539.

[25] See Thomas B. Roberts, Academic and Religious Freedom in the Study of the Mind, in ENTHEOGENS AND THE FUTURE OF RELIGION 137, 141 (Robert Forte, ed., 1997) at 141, and Eric E. Sterling, The Bill of Rights: A Casualty of the War on Drugs, VITAL SPEECHES OF THE DAY (52:2), Nov 1, 1990 at 45-46.

[26] Eric E. Sterling, Law Enforcement Against Entheogens: Is it Religious Persecution?, in ENTHEOGENS AND THE FUTURE OF RELIGION (Robert Forte, ed.) (1997) at 165-170.

[27] Jay Stevens, STORMING HEAVEN: LSD AND THE AMERICAN DREAM 276 (1987).

[28] 5 MAPS BULL., Summer 1994, at 43 (reporting a telephone conversation between Dr. Kary Mullis & Rick Doblin in the Spring of 1994).

[29] See Tidwell, supra note 1, at 67-71.

[30] See Dorothy K. Hatsukami and Marian W. Fischman, Crack Cocaine and Cocaine Hydrochloride: Are the Differences Myth or Reality, 276 JAMA 1580, 1583 (1996).

[31] Paul J. Goldstein, et al., Crack and homicide in New York City, 1988: A Conceptually Based Event Analysis, 16 Contemp. Drug Probs. 651, 652-53 (1989); Paul J. Goldstein, et al., Volume of Cocaine Use and Violence: A Comparison Between Men and Women, 21 J. Drug Issues 345-67 (1991).

[32] See Miller v. California , 413 U.S. 15, 34-36 (1973); Roth v. United States, 354 U.S. 476, 484-85 (1957).

[33] A "mission" is a "trip out of the crackhouse to obtain crack; a visual mission is to look for possible sale locations or for a person from whom crack-cocaine or freebase can be acquired (term from Star Trek)," Terry Williams, CRACKHOUSE: NOTES FROM THE END OF THE LINE 150 (1992).

[34] Polsby, supra note 3, at 540-41 (emphasis added).

[35] 18 U.S.C. § 1385 (1994).

[36] Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, 100 Stat. 3207 (1987).

[37] Five year mandatory minimum. Anti-Drug Abuse Act of 1986 §1002, 21 U.S.C. § 841(b)(1)(B) (1994).

[38] Ten year mandatory minimum. 21 U.S.C. § 841(b)(1)(A).

[39] Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, §6470, 102 Stat. 4377 (codified at 21 U.S.C. §§ 846, 963 (1994)).

[40] See Pub. L. No. 100-690, § 6454, 102 Stat. 4372 (1986) (directing the Sentencing Commission to set certain penalties). See also Juvenile Drug Trafficking Act of 1986, Pub. L. No. 99-570, § 1102, 100 Stat. 320 (codified as amended at 21 U.S.C. § 861 (1994)).

[41] Alfred Blumenstein, Youth Violence, Guns, and the Illicit-Drug Industry, 86 J. Crim. L. & Criminology 10 (1995); Eric E. Sterling, Anti-Crime Strategies for the 1990s: A Report on the Campaign for An Effective Crime Policy Conference, NEWSBRIEFS, Dec. 1994 at 10.

[42] Mark A. R. Kleiman, Reducing the Prevalence of Cocaine and Heroin Dealing Among Adolescents, 31 VAL. U. L. REV. 551 (1997).

[43] PHILIPPE BOURGOIS, IN SEARCH OF RESPECT: SELLING CRACK IN EL BARRIO, (1996).

[44] Id. at 142-43.

[45] Id. at 265-266.

[46] Id. at 263.

[47] Id.

[48] Id. at 335.

[49] Kleiman, supra note 41, at 558.

[50] See Joel H. Brown & Marianne D'Emidio Caston, On Becoming "At Risk" Through Drug Education: How Symbolic Policies and Their Practices Affect Students, 19 Evaluation Rev. 451 (1995). The authors posit:

[B]y implementing mass-application services, [school} district personnel can say they have complied with DATE [Drug, Alcohol, and Tobacco Education] service delivery requirements. This study supports other recent evidence showing that formative policy language provides the symbolic rationale for mass delivery of ineffective services like those found in DATE...it is difficult to escape the conclusion that use of the risk-based model of substance use and abuse does not appear to help these students [who individually need help].

[51] Bourgeois makes this point clear:

Street dealers tend to brag to outsiders and to themselves about how much money they make each night. In fact their income is almost never as consistently high as they report it to be. Most street dealers, like Primo, are paid on a piece-rate commission basis. In other words, their take-home pay is a function of how much they sell. When converted into an hourly wage, this is often a relatively paltry sum. According to my calculations, Ray's workers, for example, averaged slightly less than double the minimum wage -- between seven and eight dollars an hour . . . It took me several years to realize how inconsistent and meager crack income can be.

BOURGOIS, supra note 43 at 91-93. The author reported that Primo earned $40 for a long night's work. Id.

[52] Bourgois also speaks to this point:

. . . [w]orking conditions are also often inferior to those found in the legal economy. Aside from the obvious dangers of being shot, or of going to prison, the physical work space of most crackhouses is usually unpleasant. The infrastructure of the Game Room [the principal crackhouse in which Bourgois did his research], for example, was much worse than that of any legal retail outfits in East Harlem: There was no bathroom, no running water, no telephone, no heat in the winter and no air-conditioning in the summer . . . . Indeed, the only furnishings besides the video games were a few grimy milk crates and bent aluminum stools. Worse yet, a smell of urine and vomit usually permeated the locale. Id. at 93- 94

[53] Girl's Expulsion for Legal Drug. Is Reduced, WASH. POST, Oct. 8, 1996, at A4.

[54] James Hannah, School Cuts Term of Suspension on Same Day It Is Named in Bias Suit, WASH. POST, Oct. 9, 1996, at A3. Teen Barred for Legal Pills, WASH. POST, October 3, 1996, at A18. At about the same time, another case near Houston, Texas involved the suspension of a junior high school honor student, Brooke Olson, for inadvertently carrying the over-the-counter pain medication, Advil, in her backpack. The school principal, Steve Busch said that Advil was "just the tip of a potentially lethal drug iceberg." Student Suspended for Carrying Advil; Girl Says Punishment 'Too Severe'; Texas School Defends Policy, WASH. POST, October 10, 1996, at A13.

[55] Steve Lopez, As Bullets Whiz By, A Priest Stands Up In a Parish No Stranger to Violence, PHIL. INQUIRER, Nov. 17, 1996, at A3, ("On Thursday, the bullets flew once, then stopped, then flew again. You duck, you say thanks, and you go about your day...Without better schools and more jobs, the neighborhoods, and the cities, are doomed."); Heidi Van Zant, Gunshot Detectors May Stay, SAN JOSE MERCURY NEWS, Dec. 18, 1996 at 1B ("...[T]here is anecdotal evidence that the number of random gun firings has dropped since the sensors were installed.").

[56] See BOURGOIS, supra note 43, at 57-74; Larry Bivins, 'The Killing and Stuff Can Be Right Beside You,' DET.FREE PRESS, Dec. 27, 1991, at 6G ("The neighborhood [in Washington, D.C.] of renovated row houses and restored mansions...has seen 15 homicides since January. [Residents are frustrated at the failure of the police] to take back their middle-class neighborhood from the drug dealers who hawk their goods openly.")

[57] KATHLEEN O'LEARY MORGAN ETAL., CRIME IN METROPOLITAN AMERICA, 60tbl. 12 (1995).

[58] Id. The murder rate increased by more than 100% in Oklahoma City, OK; Eugene-Springfield, OR; Spokane, WA; Lafayette, IN; Boise, ID. It increased by more than 50% in Trenton, NJ; Tucson, AZ; Green Bay, WI; Minneapolis-St. Paul, MN. It increased by more than 15% in Boulder-Longmont, CO; Naples, FL; Charlottesville, VA; Phoenix-Mesa, AZ; Honolulu, HI; Binghamton, NY; Madison, WI; Salt Lake City-Ogden, UT; Lansing-East Lansing, MI. In Baltimore, MD, the murder rate increased by 6.7%. Id. at 60.

[59] WILLIAM ADLER, LAND OF OPPORTUNITY: ONE FAMILY'S QUEST FOR THE AMERICAN DREAM IN THE AGE OF CRACK, 318 (1995) . The author stated:

The final secret of their success [the Chambers brothers crack cocaine organization] was discipline ... it was necessary to come up with rules...Well, the rules are empty unless there is a way to enforce those rules ... The Chambers brothers had what is called a wrecking crew or beat-up crew. The purpose ... was to beat up or wreck people who worked for the Chambers or people who competed with the Chambers.") Id. at 318-319.

[60] OFFICE OF NATIONAL DRUG CONTROL POLICY, EXECUTIVE OFFICE OF THE PRESIDENT, WHAT AMERICA'S USERS SPEND ON ILLEGAL DRUGS, 1988-1993, AT 3 (1995) ("In 1993, Americans spent $49 billion on these drugs; $31 billion on cocaine, $7 billion on heroin, $9 billion on marijuana, and $2 billion on other illegal drugs and legal drugs used illicitly ... Between 1988 and 1993, the expenditures on cocaine and heroin appear to have fallen.").

[61] U.S. Dep't of Commerce, INFORMATION PLEASE ALMANAC 59 (1997).

[62] Id.at 60.

[63] Office of National Drug Control Policy, supra note 59, at 20.

[64] Id. at 18.

[65] Id. at A-24; WILLIAMS, supra note 33, at 63-70.

[66] Goldstein, supra note 31, at 662. "The majority (n=162) of the drug- related homicides [n=218], about 74%, were classified as "systemic." Id.

[67] . Drug dealers in Baltimore are accepting payment in ground beef, steaks or other meats in exchange for drugs. Joe Mathews, "Need a fix? Bring some hamburger," BALT. SUN, Sept 22, 1996 at 10A.

[68] Adler, supra note 58 at 282. (""Larry cared for neither the brazen theft nor the showy way Poole spent the money. Larry: 'My beeper was steady jumpin' three zeroes' -- the code for 'smoking' Poole. 'Guys were begging me: 'Lemme smoke him.'")

[69] . Lester Grinspoon & James B. Bakalar, Marihuana As Medicine: A Plea for Reconsideration, 273 JAMA 1875 (1995).

[70] 21 U.S.C. § 811(a) (1995).

[71] NORML v. Ingersoll, 497 F.2d 654, 660-61 (D.C. Cir. 1974).

[72] 40 Fed. Reg. 44, 164, 44,167-68 (1975).

[73] NORML v. DEA, 559 F.2d 735, 747-48 (D.C. Cir. 1977); 21 U.S.C. § 811 (a)-(c) (1995).

[74] 44 Fed. Reg. at 36,127 (1979).

[75] 44 Fed. Reg. 36,123 (1979).

[76]76.NORML v. DEA, 559 F.2d 735 n.65 (D.C.Cir. 1977).

[77] 47 Fed. Reg. 10,080 (1982).

[78] NORML v. DEA, 559 F.2d 735, 750 n.65 (D.C. Cir. 1977).

[79] NORML v. DEA, No. 79-1660 (D.C. Cir. 1982).

[80] 51 Fed. Reg. 22,946 (1986).

[81] IN THE MATTER OF MARIJUANA RESCHEDULING PETITION, NO. 86-22, IN 2 MARIJUANA, MEDICINE & THE LAW, 391 (R.C. Randall ed., 1989) (publishing a transcript of the hearing of June 10, 1988) [hereinafter Marijuana Rescheduling Petition].

[82] Id.

[83] Id. at 427 (publishing the Opinion & Recommended Ruling, Findings of Fact, Conclusions of Law and Decision of Administrative Law Judge).

[84] Id. at 430.

[85] Irvin Rosenfeld actually suffers from Pseudo Pseudo Hypoparathyroidism (yes, two pseudos). I MARIJUANA, MEDICINE & THE LAW 261 (1988).

[86] Id. at 438.

[87] Id. at 444.

[88] Id. at 445.

[89] Robert P. McNeill, N.M. Health & Env't Dep't, The Lynn Pierson Therapeutic Research Program: A Report on Progress to Date (1983); N.M. Health & Env't Dep't, The Lynn Pierson Therapeutic Research Program: Annual Report to the Legislature (1984).

[90] Annual Reports of the Research Advisory Panel Prepared for the Governor and Legislature of California, (1980-1986).

[91] Michael H. Kutner, Emory U. Evaluation of the Use of Both Marijuana and THC in Cancer Patients for the Relief of Nausea and Vomiting Associated with Cancer Chemotherapy After Failure of Conventional Anti-Emetic Therapy: Efficacy and Toxicity, (1983).

[92] State of Tenn., Evaluation of Marijuana and Tetrahydrocannabinol in Treatment of Nausea and/or Vomiting Associated with Cancer Therapy Unresponsive to Conventional Anti-Emetic Therapy: Efficacy and Toxicity (1983).

[93] John R. F. Ingall, Mich. Dep't of Pub. Health, Evaluation of Marihuana as an Anti-Emetic in Patients Being Treated with Cancer Chemotherapy, Trial A, (1982).

[94] Vincent Vinciguerra, et al. Inhalation marijuana as an Anti-Emetic for Cancer Chemotherapy, N.Y. ST. J. OF MED., Oct. 1988, at 525.

[95] Jenks v. State of Florida, 582 So. 2d 676 (Fla. Dist Ct. App. 1991).

[96] Michael Isikoff, HHS to Phase Out Marijuana Program; Officials Fear Sending 'Bad Signal' by Giving Drug to Seriously Ill, WASH. POST, Jun 22, 1991, at A14; Grinspoon & Bakalar, supra note 68, at 1876.

[97] The legislature approved S.B. 1364 on August 18, 1994. Letter from Dale Gieringer, NORML, to Author 1 (Mar.25, 1997) (on file with the Valparaiso University Law Review). Governor Wilson vetoed the bill on September 30, 1994. Id. The next year, the legislature approved A.B. 1529 on September 12, 1995. Id. Governor Wilson vetoed that bill on October 15, 1995. Id.

[98] Sabin Russell, U.S. Drug Czar Visits Haight, Denounces Medical Uses of Pot, SF CHRON., Aug 16, 1996, at A8; Drug Chief Says No to Pot Plan, WASH POST, Sept. 11, 1996, at A2.

[99] G.B. TRUDEAU, DOONESBURY, Wash. Post, Sept. 30-Oct. 5 & Oct. 21- 26, 1996, at Style Section; Greg Lucas, Lungren Isn't Laughing, SF CHRON., Oct. 2, 1996 at A1; Jennifer Warren, "Lungren Fumes Over Satire in 'Doonesbury,'" LA TIMES, Oct. 2, 1996, at A3; Tim Golden, "California Law Chief Takes Drug Fight to "Doonesbury,'" N.Y. TIMES, Oct. 3, 1996) at A14.

[100] Cal. Secretary of State, Cal. Voter Info., Proposition 215. (Ge. Election, 1996) [hereinafter Proposition 215]. Section 1 of the Act provides, inter alia:

(b) (1)(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.

(2) Nothing in this act shall be constructed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.

(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person.

[101] Medical Marijuana Measures Pass November 5th Ballots in California and Arizona, Legal Distribution Systems Debated, NEWSBRIEFS, Dec. 1996, at 3.

[102] Ariz. Secretary of State, Ariz. Voter Info., Proposition 200 (Gen. Election 1996) [hereinafter Proposition 215]

[103] Id. § 10.

[104] Id. §§ 8, 9.

[105] Id. § 4.

[106] Id. § 5.

[107] Senate Tackles State Propositions Allowing Use of Illegal Drugs, N.Y. TIMES, December 3, 1996, at A13; Glen Martin, Prop. 215 Attacked in U.S. Senate, Stricter Enforcement of Federal Pot Laws Urged, S.F. CHRON., December 3, 1996, at 1.

[108] General Barry R. McCaffrey, Director, ONDCP, Statement Submitted for Record to Senate Committee on the Judiciary (Dec. 2, 1996) (transcript on file with the Valparaiso University Law Review) at a hearing on A PRESCRIPTION FOR ADDICTION? ARIZONA AND CALIFORNIA MEDICAL DRUG USE INITIATIVES, United States Senate, Committee on the Judiciary, (Dec 2, 1996).

[109] Id. at 3.

[110] General Barry McCaffrey, Director ONDCP et al., Webwire Holds News Conference to Discuss the Administration's Response to State Initiatives for Legalizing the Medical Use of Marijuana 5 (Dec. 30, 1996) (transcript on file with the Valparaiso University Law Review).

[111] University of Michigan News and Info. Servs., supra note 2, at tbl. 1.

[112] Id.

[113] Id.

[114] Id.

[115] Id.

[116] Id.

[117] Id.

[118] Id.

[119] Id.

[120] E.g., Christopher Wren, Adolescent Drug Use Continues to Rise, N.Y. TIMES, Dec. 20 1996, at B12; Brad Hahn, U.S. study: Teens More Tolerant of Marijuana, CHI. TRIBUNE, Dec. 20, 1996, §1, at 18.

[121] Congressional Republican Drug Policy Task Force Formed; Senate Committee Holds Hearings on Drug Policy, NEWSBRIEFS, Feb. 1996, at 4 (Senate Majority Leader Robert J. Dole, "Our children are using more dope, more cocaine, and more heroin [than] at any time in recent memory," because of a lack of leadership from the White House.); William H. Zeliff, Jr., Missing Leader in the Drug War, WASH POST, Dec 15, 1995, at A25 (Representative Zeliff (R-NH) was chairman of the House Government Reform and Oversight Subcommittee on National Security, International Affairs and Criminal Justice).

[122] Richard Keil, Dole Urges Guard Role in Halting Narcotics, STAR LEDGER (NEWARK, N.J.), Sept. 2, 1996 at 4; Peter Slevin, Military Antidrug Role Questioned, PHILA. INQUIRER, Aug. 31, 1996 at A3 (President Clinton had "surrendered" in the war against drugs, said Robert Dole, Republican candidate for President.); Bradley Graham, Military Role in Drug War Debated, WASH POST, Aug 30, 1996, at A6

[123] Jack Nelson, Teenagers, Parents Tolerate Illicit Drug Use, Poll Finds, LA TIMES, Sept. 10, 1996, at A7 ("'Today, we got yet another report from the field showing the terrible casualty count from Bill Clinton's failure to wage a real war on drugs,' Dole's campaign said in a statement.").

[124] In the CASA survey cited infra note -- , parents were asked ...

• 28. Do you think American culture -- I mean, movies, music, TV, fashion  -- glamorizes smoking cigarettes? 65% DOES
  33% DOES NOT
  2% DON'T KNOW/NO RESPONSE
  
• 29. Do you think American culture glamorizes drinking alcohol?
  84% DOES
  15% DOES NOT
  1% DON'T KNOW/NO RESPONSE
  
• 30. Do you think American culture glamorizes the use of illegal drugs?
  53% DOES
  46% DOES NOT
  1% DON'T KNOW/NO RESPONSE
  
• 31. Do you think American culture glamorizes women and girls being quite thin?
  92% DOES
  7% DOES NOT
  1% DON'T KNOW/NO RESPONSE.
  

[125] House Crime Subcommittee Holds Hearings on Marijuana Use, NEWSBRIEFS, Apr. 1996, at 16,( reporting on a hearing held on March 6, 1996).

[126] Baby Boomers Blamed, Parents 'Resigned' to Teens Drug Use, DES MOINES REG., Sept. 10, 1996, at 1A; Roberto Suro, Boomers Expect Teen Drug Use, Survey Finds, WASH POST, Sept. 10, 1996, at A3; Jack Nelson, Teenagers, Parents Tolerate Illicit Drug Use, Poll Finds, LA TIMES, Sept. 10, 1996, at A1; See ALSO CASA, supra note 123, at 76. The question, "If you had to guess, do you think your teenager will ever try use [sic] illegal drugs?" was the last question of a 67 question poll (emphasis added). In response, 46% responded yes, 50% responded no. Id. Although 1166 parents were questioned in the survey, but the report does not indicate how many parents answered all questions. Id. Teenagers of these parents were also questioned. The last question asked of them was, "And, for my final question, how likely do you think it is that at some point in the future you will try an illegal drug: is it very likely, somewhat likely, not very likely, or will it absolutely never happen?" 10%, very likely. 12%, somewhat likely. 27% not very likely, 51% never happen. Id. Therefore, the most "hyped" conclusion of the "study" was the least dependable, and one for which there was significant disagreement between children and their parents.

[127] Susan T. Ennett et al., How Effective Is Drug Abuse Resistance Education? A Meta-Analysis of Project DARE Outcome Evaluations, 84 AM.J. OF PUB. HEALTH 1394 (1994).

[128] . MATHEA FALCO, THE MAKING OF A DRUG-FREE AMERICA: PROGRAMS THAT WORK, 41-44 (1992).

[129] See Brown, et al., supra note 21.

[130] Donna E. Shalala, Secretary of Health and Human Servs., Statement at Press Conference to Release Monitoring the Future Survey (Dec. 19, 1996) (transcript on file with the Valparaiso Unversity Law Review). Secretary Shalala stated:

The holiday season is always a time for cherishing children. But it is also a time to save them. That's why now ...we must give our children clear and consistent messages to stay away from drugs, alcohol and tobacco. ... But we have to do much more because our nation cannot afford to go down the dangerous road to drug legalization as two states have done. That means we must oppose the dangerous and misguided effort to legalize marijuana and other drugs. We must send clear and consistent messages to young people that marijuana is dangerous, illegal and wrong."

Id. at 21-2.

[131] General Barry McCaffrey, supra note 107, at 2 ("Coming at a time that marijuana use has doubled among our youth, these initiatives [Propositions 200 and 215] threaten to undermine our efforts to prevent drug use by our children. Labeling marijuana as 'medicine' sends the wrong message to children that it is a safe substance." )

[132] See text accompanying supra notes 110-29.

[133] Marijuana Pol'y Project, MARIJUANA POLICY REP. 6-7 (May-June 1996). By 1996, the laws of five states had expired, and nine states repealed their laws. Id.

[134] See supra notes 88-93.

[135] . Marijuana Rescheduling Petition, supra note 80, at 248.

[136] See text accompanying supra notes 79-80.

[137] See text accompanying supra notes 82-87.

[138] University of Michigan News & Info. Servs., supra note 2, at 5-6. ("This research team has shown that, in general, when young people come to see a drug as more dangerous, or more disapproved by their peers, they are less likely to use it.").

[139] Id. at 6-7.

[140] Proposition 215, supra note 99, § 1(d) (codified at Cal. Health & Safety Code § 11362.5(d) (West 1996).

[141] Emelyn Cruz Lat, Cops Give Back AIDS Patient's Pot Plants, In 1st- Ever Case: Mountain View Police Relent Because of Medical Need, S.F. EXAMINER, Mar. 2, 1997, at A1.

[142] Proposition 200, supra note 101, § 7 (codified at Ariz. Rev. Stat. § 13-3412.01.A (1996).

[143] Hearings on "A Prescription for Addiction?" 104th Congress. (statement of Thomas Constantine, Administrator, DEA). "[H]ow are prison officials in Arizona expected to maintain order and discipline with the inmates high on heroin, marijuana, LSD or other Schedule I drugs?" Id.

[144] Misuse of Drugs Act, 1971, ch. 38 § 10 (Eng.).

[145] Narcotics Control Act, R.S.C. 1985, ch. N-1, § 65(7), (1985) (Can.).

[146] H.R. 5290, 98th Cong., 130 CONG. REC H89760 (1984).

[147] See LESTER GRINSPOON AND JAMES B. BAKALAR, Therapeutic Uses in PSYCHEDELIC DRUGS RECONSIDERED 192-237 (1979). See also MARTIN A. LEE & BRUCE SHLAIN, ACID DREAMS: THE COMPLETE SOCIAL HISTORY OF LSD (1985); STANISLAV GROF, MD, LSD PSYCHOTHERAPY (1994).

[148] Pub. L. No. 76-780 (1938).

[149] Administration Response to Arizona Proposition 200 and California Proposition 215, 62 FED REG 6164-66 (1997).

[150] Dangerous Drug Diversion Control Act of 1984, Pub.L.No. 98-473, §511, 98 Stat. 2073 (1984) (codified as amended at 21 U.S.C. § 824(a)(4) (1994)).

[151] H.R. REP. NO. 98-835, pt. 1, at 7 (1984)., Report from the Committee on the Judiciary to accompany H.R. 5656, the "Dangerous Drug Diversion Control Act of 1984" at 7, (June 12, 1984).

[152] Id. at 8.

[153] Id.

[154] Id. at 9.

[155] Id. at 10.

[156] 21 U.S.C. 824(a)(4) (1995).

[157] Administrative Response to Arizona Proposition 200 and California and Proposition 215, 62 FED REG 6164, 6164 (1997).

[158] Id.

[159] Id. at 6165.

[160] Id. (emphasis added).

[161] Id.

[162] Id.

[163] Administrative Response to Arizona Proposition 200 and California Proposition 215, 62 Fed. Reg. 6164, 6165 (1997) (emphasis added).

[164] Id. at 6166.

[165] Id. (emphasis added).

[166] Conant v. McCaffrey, No. C 97-0139 FMS (N.D. Cal. Jan 13, 1997).

[167] Harriett Chang, State Doctors Sue Over Medical Pot Rules, S.F. Chronicle., Jan. 15, 1997, at A20; Tim Golden, Marijuana Advocates File Suit to Stop U.S. Sanctions, N.Y. Times, Jan. 15, 1997, at A10; Jenifer Warren, Doctors Sue Over Marijuana, L.A. Times, Ja. 15, 1997, at B1.

[168] Pearson v. McCaffrey, No. 97CV462 (D.D.C. Mar. 6, 1997).

[169] 21 U.S.C. § 843(d) (1994).

[170] S.40 , 105th Cong. (1997).

[171] See 21 U.S.C. § 823(f), (1994).