Effective Drug Control: Toward A New Legal Framework

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RESOLUTION State Regulation and <strong>Control</strong> of Psychoactive Substances The King County Bar Association, together with a coalition of professional and civic organizations, has been examining a public health approach to the chronic societal problem of substance abuse and encouraging public investment in research, education, prevention and treatment as a more effective alternative to the use of criminal sanctions. The King County Bar Association has concluded, in consideration of the findings enumerated below, that the establishment of a new legal framework of state-level regulatory control over psychoactive substances, intended to render the illegal markets for such substances unprofitable, to restrict access to psychoactive substances by young persons and to provide prompt health care and essential services to persons suffering from chemical dependency and addiction, will better serve the objectives of reducing crime, improving public order, enhancing public health, protecting children and wisely using scarce public resources, than current drug policies. Therefore, the King County Bar Association resolves that: The Washington State Legislature should establish a special consultative body, composed of experts in pharmacology, education, medicine, public health, law and law enforcement, as well as public officials and civic leaders, including delegates from the leadership of each caucus in the House and Senate, to provide specific recommendations for legislation to establish regulatory systems and structures for the State of Washington to control psychoactive substances that are currently produced and distributed exclusively through illegal markets, including the regulation of manufacturing, transportation, storage, purity and product safety, limitations on sale and other transfer, labeling, pricing and taxation, requirements of medical supervision, limits on advertising, and the civil and criminal enforcement of such regulations, as set forth more fully below. The King County Bar Association transmits this resolution to the Washington State Legislature, urging the establishment of a special consultative body as provided and for the purposes stated in this resolution. ADOPTED this 19 th day of January, 2005.
The Coalition and Its Task Forces and Committees The coalition includes the King County Medical Society, the Church Council of Greater Seattle, the Loren Miller Bar Association, the Municipal League of King County, the Seattle League of Women Voters, the Washington Academy of Family Physicians, the Washington Association of Addiction Programs, the Washington Osteopathic Medical Association, Washington Physicians for Social Responsibility, the Washington Society of Addiction Medicine, the Washington State Bar Association, the Washington State Medical Association, the Washington State Pharmacy Association, the Washington State Psychiatric Association, the Washington State Psychological Association and the Washington State Public Health Association. The coalition has established over a dozen task forces and committees comprising hundreds of participants, including lawyers, judges, doctors, pharmacists, law enforcement officers, elected and appointed public officials, health care professionals, drug treatment specialists, scholars, educators, leaders of civic organizations and others who, together with full-time professional staff, have spent thousands of hours over three years investigating and analyzing the problems arising from the prohibited use and sale of certain psychoactive substances, especially the problems arising from the operation of the illegal markets in which such substances are exclusively produced and distributed. Findings and Conclusions The task forces and committees have concluded that current drug control policies are fundamentally flawed and that the unrelenting demand for prohibited psychoactive substances has fostered and strengthened highly profitable illegal markets for the production and distribution of such substances; and that the operation of such illegal markets is a proximate cause of devastating societal impacts, including: 1. Rates of prohibited substance use and of crime related to prohibited substances that have failed to decline or have actually increased during the current period of intensified law enforcement and incarceration, including children experimenting with more dangerous substances at younger ages; 2. Soaring public costs on the federal, state and local levels arising from the continued use of harsh criminal sanctions related to prohibited psychoactive substances, contributing to the overcrowding of jails and prisons and draining public coffers of the resources needed for investment in local communities and for the provision of essential services;
Page 1 and 2: Effective Drug Control: Toward A Ne
Page 3 and 4: TABLE OF CONTENTS RESOLUTION - STAT
Page 5 and 6: INNOVATIONS WITHIN THE PROHIBITION
Page 7 and 8: PART IV STATES’ RIGHTS: TOWARD A
Page 9: CURBING DEMAND FOR DRUGS: LIMITING
Page 13 and 14: 6. The regulation of state-licensed
Page 15 and 16: Further, the King County Bar Associ
Page 17 and 18: PART I Drugs and the Drug Laws: His
Page 19 and 20: PROHIBITIONS OF THE PAST Mind-alter
Page 21 and 22: market in 1898 when Bayer Pharmaceu
Page 23 and 24: ideal of a homogeneous American lif
Page 25 and 26: Like the Chinese before them, Mexic
Page 27 and 28: targeting patent medicine-makers wi
Page 29 and 30: intolerance toward recreational dru
Page 31 and 32: 1919 the First World War raged in E
Page 33 and 34: appointment was an extremely signif
Page 35 and 36: Criticism from the Professions The
Page 37 and 38: THE MODERN “WAR ON DRUGS” Under
Page 39 and 40: offenders and the lengthening of pr
Page 41 and 42: II. INTERNATIONAL TRENDS IN DRUG PO
Page 43 and 44: Since September 11, 2001, however t
Page 45 and 46: On June 26, 2004, to mark the Unite
Page 47 and 48: however, we can help you reduce the
Page 49 and 50: Russian President Vladimir Putin si
Page 51 and 52: evidence that decriminalization of
Page 53 and 54: In Germany, the Consumption and Inj
Page 55 and 56: to be submitted for registration as
Page 57 and 58: LESSONS LEARNED: THE LIMITS OF THE
Page 59 and 60: 4) Other policies in Europe have he
Page 61 and 62:
III. CONTROLLING PSYCHOACTIVE SUBST
Page 63 and 64:
function of the body of man or othe
Page 65 and 66:
The black market in psychoactive su
Page 67 and 68:
the Environmental Protection Agency
Page 69 and 70:
many to stay away from the practice
Page 71 and 72:
5) Drug courts invade the confident
Page 73 and 74:
Washington State Liquor Control Boa
Page 75 and 76:
are used or stored by pharmacies, d
Page 77 and 78:
ALTERNATIVE MODELS OF DRUG CONTROL
Page 79 and 80:
a second look by police and Customs
Page 81 and 82:
consumption rooms for the smoking o
Page 83 and 84:
availability, would be easy to tran
Page 85 and 86:
c. Adequate public health and consu
Page 87 and 88:
IV. STATES’ RIGHTS: TOWARD A FEDE
Page 89 and 90:
intrastate instances of such activi
Page 91 and 92:
Growing Federal Commerce Power - Pe
Page 93 and 94:
STEPS TOWARD A FEDERALIST DRUG POLI
Page 95 and 96:
Assuming that the U.S. Supreme Cour
Page 97 and 98:
Implied Foreign Affairs Power Feder
Page 99 and 100:
V. PARAMETERS OF A NEW LEGAL FRAMEW
Page 101 and 102:
Substances Subject to State Regulat
Page 103 and 104:
potential psychotherapeutic benefit
Page 105 and 106:
those drugs and thereby reducing pu
Page 107 and 108:
does not result in any decrease in
Page 109 and 110:
CURBING DEMAND FOR DRUGS: LIMITING
Page 111 and 112:
The U.S. Supreme Court struck down
Page 113 and 114:
Under a new legal framework to regu
Page 115 and 116:
Preventing Increases in Crime and V
Page 117 and 118:
16 Around the year 1650 Sultan Mura
Page 119 and 120:
advocates encouraged moderation, su
Page 121 and 122:
96 See Lawrence Kolb and A.G. Du Me
Page 123 and 124:
137 William L. White, “Trick or T
Page 125 and 126:
actions could only hope to contain
Page 127 and 128:
down to $26.03 per gram in 2000. Of
Page 129 and 130:
• understands drug use as a compl
Page 131 and 132:
299 Gordana Mijuk, “Swiss parliam
Page 133 and 134:
the legal basis for heroin prescrip
Page 135 and 136:
385 The DEA is authorized to act to
Page 137 and 138:
possession to be given drug treatme
Page 139 and 140:
464 RCW 13.34.174 (order of alcohol
Page 141 and 142:
484 For more information about such
Page 143 and 144:
532 21 U.S.C. §§ 801(2)-(6). 533
Page 145 and 146:
575 Reeves v. William Stake, 447 U.
Page 147 and 148:
600 Recent studies show conclusivel
Page 149:
636 RCW 13.34.176 (violation of alc
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