The Costs of Marijuana Prohibition Enforcement: The Criminal Justice System

Marijuana prohibition and enforcement of this misguided policy have effectively eroded key principles of the criminal justice system, including the Constitutional protection against illegal searches and seizures, the Constitutional right to due process, and the general principle of a presumption of innocence.

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* We are grateful to Scott Hechinger, Senior Staff Attorney, Criminal Defense Practice at Brooklyn Defender Services, and Anthony Posada and the Legal Aid Society’s Parole Revocation Defense Unit for the knowledge and insight they shared in the development of this fact sheet.