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Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’

The Lawfare Podcast

CHAPTER

Constitutional Influence on the War on Drugs

Exploring the historical impact of constitutional law on drug enforcement policies, this chapter examines how doctrines like the Commerce Clause and tax power have shaped drug policies at state and federal levels. It delves into the classification of drugs under the Controlled Substances Act and critiques the punitive prohibitionist approach to drug regulation. The discussion also raises questions about the failure of constitutional law to address the shortcomings of the drug war and its potential for reform.

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