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The symbiotic tensions of the regulatory–carceral state: The case of cannabis legalization

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  • Ely Aaronson
  • Gil Rothschild‐Elyassi

Abstract

Recent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory‐building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long‐standing patterns of using drug law as a means for racialized social control.

Suggested Citation

  • Ely Aaronson & Gil Rothschild‐Elyassi, 2021. "The symbiotic tensions of the regulatory–carceral state: The case of cannabis legalization," Regulation & Governance, John Wiley & Sons, vol. 15(S1), pages 23-39, November.
    • Handle: RePEc:wly:reggov:v:15:y:2021:i:s1:p:s23-s39
    DOI: 10.1111/rego.12394
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    References listed on IDEAS

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    3. Braithwaite, John, 2005. "Markets in Vice, Markets in Virtue," OUP Catalogue, Oxford University Press, number 9780195222012.
    4. Black, Julia, 2002. "Critical reflections on regulation," LSE Research Online Documents on Economics 35985, London School of Economics and Political Science, LSE Library.
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    Cited by:

    1. Wheeldon, Johannes & Heidt, Jon, 2023. "Cannabis and criminology: A history of race, addiction, and inconvenient research," Journal of Criminal Justice, Elsevier, vol. 85(C).

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