Outright criminalization only drives the demand for the drug to the illicit market.

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"We have moved towards an over-criminalization model, where everything is punishable by jails or fines, " said Lisa Wayne, the president of the National Association of Criminal Defense Lawyers.

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"It's the criminalization of risk-taking, which is the same as criminalizing capitalism, " says Robert Elliott, former partner at KPMG and head of the American Institute of Certified Public Accountants.

FORBES: Criminalizing Capitalism

"These lawsuits are envy engines that bring out competitors, fired office workers, ex-spouses and mischievous patients, " says Madeleine Cosman, a lawyer who has written extensively decrying the criminalization of American medicine.

FORBES: Envy Engines