Criminal Law - Casbah, Inc. v. Thone: The Nebraska Drug Paraphernalia Act
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Authors
Rupp, Anthony F.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In 1981, the Eighth Circuit upheld the constitutionality of Nebraska's drug paraphernalia law in Casbak, Inc. v. Thone. The paraphernalia law, fashioned after the Model Drug Paraphernalia Act, was designed to curb the illegal use of controlled substances by prohibiting the sale of drug paraphernalia.|The Eighth Circuit's decision is important for several reasons. First, the court upheld the law's broad definition of drug paraphernalia by focusing on the statute's requirement of a culpable intent on the part of the violator. Second, the opinion delineated the criteria by which state paraphernalia statutes and community ordinances will be judged in this circuit, clarifying the opinion of the Eighth Circuit expressed a year earlier in Geiger v. City of Eagan. Finally, the decision has created a split among the federal circuits, as the Sixth Circuit had struck down a practically identical law in Record Revolution No. 6, Inc. v. City of Parma...
Description
Citation
15 Creighton L. Rev. 893 (1981-1982)
Publisher
Creighton University School of Law