Effective Drug Control: Toward A New Legal Framework

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PART III Controlling Psychoactive Substances: The Current System and Alternative Models
III. CONTROLLING PSYCHOACTIVE SUBSTANCES: THE CURRENT SYSTEM AND ALTERNATIVE MODELS THE CURRENT SYSTEM OF DRUG CONTROL The current legal framework for drug control is composed of three legal tiers: international treaties; federal statutes and regulations; and state statutes and regulations. The laws at each level function as an interlocking system intended to limit certain medical uses of drugs, to prevent the diversion of certain drugs for “non-medical” uses and to enforce the absolute prohibition of the use and sale of certain other drugs. International Treaties The United States is a party to three international treaties that provide the basic legal framework for a worldwide system to control drugs that have been determined to have a high potential for abuse. 354 The purpose of the treaties is to limit the use of drugs to medical and scientific purposes only. 355 Most nations are signatories to the U.N. Conventions, which prohibit the use and sale of the same drugs that are prohibited in the United States. 356 The U.N. conventions are part of the large body of international law that is not “enforceable” in the traditional sense, but signatories to the drug control treaties are subject to enormous diplomatic pressure, particularly from the United States, not to enact national laws that depart from the prohibition framework. The International Narcotics Control Board (INCB), an independent body within the United Nations, serves more as a panel to monitor adherence to the U.N. conventions rather than as an enforcement agency, but it often voices support for or objection to drug policy developments around the world, consistent with prevailing U.S. domestic and foreign drug policy interests. 357 U.S. Drug Control – Federal Preemption The federal government regulates psychoactive substances under a series of statutory schemes, mainly under Title 21 of the United States Code. These include the Controlled Substances Act, the Federal Food, Drug and Cosmetic Act and the enabling acts authorizing the Office of National Drug Control Policy and the Drug Enforcement Administration. Other miscellaneous federal initiatives found throughout the U.S. Code address drug use as it relates to other areas of law regulated by the federal government, including enhanced penalties for use of prohibited drugs in federal prison 358 and federal aid for state drug courts. Controlled Substances Act The Controlled Substances Act (CSA) 359 begins with congressional findings that many drugs being controlled have a legitimate medical purpose, but that the illegal importation, manufacture, distribution and possession and improper use have “a substantial and detrimental effect on the health and general welfare of the American people.” 360 The CSA authorizes the Attorney General to place controlled substances on a
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Effective Drug Control: Toward A Ne
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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 and 10: CURBING DEMAND FOR DRUGS: LIMITING
Page 11 and 12: The Coalition and Its Task Forces a
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: 4) Other policies in Europe have he
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
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The U.S. Supreme Court struck down
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Under a new legal framework to regu
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Preventing Increases in Crime and V
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16 Around the year 1650 Sultan Mura
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advocates encouraged moderation, su
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96 See Lawrence Kolb and A.G. Du Me
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137 William L. White, “Trick or T
Page 125 and 126:
actions could only hope to contain
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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
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the legal basis for heroin prescrip
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385 The DEA is authorized to act to
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possession to be given drug treatme
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464 RCW 13.34.174 (order of alcohol
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484 For more information about such
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532 21 U.S.C. §§ 801(2)-(6). 533
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575 Reeves v. William Stake, 447 U.
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600 Recent studies show conclusivel
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636 RCW 13.34.176 (violation of alc
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