PHL 612 Lecture Notes - Lecture 10: Narcotic Control Act, Libertarian Paternalism, De Jure

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Case: r. v. malmo levine and r. v. taine. Legal challenges to the criminalization of marijuana use. Legalization: individual liberties, social benefit and prevention of harm to vulnerable persons. Prohibition: utilitarianism, welfare paternalism and rights and justice. The legislation under which malmo-levine and caine were charged was called the narcotic. Control act; that law has now morphed into the controlled drugs and substances act. Topic 1: debates over drug policy: positions and arguments for criminal prohibition. Substances act and instead place the offence of cannabis possession in the context of something like the contraventions act. In that context, the simple possession of marijuana would be a minor. Ticketable offence (i. e. , one that would not garner a criminal record, and one that would not have the potential for a prison sentence). This could be similar to the approach taken in canada and other jurisdictions for medical marijuana.

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