rp21 situational analysis - Pacific Health Voices

noted that price increases in commercially
produced alcohol have seen recent rises in
homebrew consumption due to the fact it
is cheap (at US$1 for a 600ml bottle) and
widely available. 227
Other
The 1997 report on substance use in Micronesia
included information on inhalant use,
noting that it was relatively age-specific with
youths in the 10–14 years age range followed
by the 15–19 years age range the most likely
consumers. 228
3.5 Local responses
Compared to many of the other PICTs, the
American-affiliated states have well- developed
public health mechanisms to address drug and
alcohol use. These include established epidemiological
working groups, treatment services
and, in some cases, court-ordered treatment
programs. It has been difficult to establish the
extent of non- compulsory treatment services,
an area that may require further investigation
and investment. In addition, these states have
an advanced legislative framework adopted
from United States legislation. They do not
face the challenge of outdated legislation
which would be ill-equipped to deal with
emerging drugs and drug use patterns.
Legislation
The FSM Constitution specifies the powers
delegated to the FSM National Congress;
those not expressly delegated or of ‘indisputably
national character’ are regarded as
State powers. Some States retain laws from
the days of the Trust Territory, with others
choosing to enact their own, replacing
and/or overriding the old laws of the Trust
Territory. 229
The Trust Territory Controlled Substances
Act is based on the United States Uniform
Controlled Substances Act and deals comprehensively
with drug types and routes of
admission. 230 Public Health, Safety and Welfare
legislation includes a chapter on tobacco
prohibition, but there was no identified legislation
on alcohol control. 231 However, it is
clear from reported judgments that each
State has enacted relevant legislation for
offences related to driving under the influence
of alcohol and causing bodily injury. 232
51
227 4th PDARN meeting, July 2009.
228 3rd PDARN meeting, July 2008.
229 Above, fn.196.
230 Code of the Federated States of Micronesia (1997). Available at: ; precedent can be found in Kallop v FSM (1989) 4 FSM Intrm.
170 (Supreme Court of FSM):
(accessed May 2009).
231 FSM Code, Title 45, §308: Consumer purchases from duty-free shops — Limitations
(accessed May 2009).
232 Kosrae v Phillip (2005) 13 FSM Intrm. 285 (Kosrae State Court).
Federated States of Micronesia