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Some of New Jersey’s state-institutionalized psychiatric patients, held by the state in civil confinement at state psychiatric hospitals, use cannabis in violation of hospital rules. When they do so, they are punished in an unconstitutional manner: the judge responsible for their commitment will seek retribution by wrongfully continuing their commitment out of paternalistic fears.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on April 5, 2022. The original post can be accessed via the Archived Link button above.

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