Effective Drug Control: Toward A New Legal Framework

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Report from Britain– After the War on Drugs: Options for Control Transform, a drug policy think tank in the United Kingdom, released a report in October 2004 setting forth models for a new drug control regime. 472 The report, which was released with the support of former police officers and Members of Parliament, 473 calls for the control and regulation of drugs and lays out a suggested legal framework based on an examination of the existing models in Britain under which drugs are produced, existing ways in which drugs are supplied and new drug supply options. The Transform report breaks down the existing options for drug production into: 1) pharmaceutical drugs; 2) non-pharmaceutical drugs; and 3) unlicensed production. One example of a pharmaceutical drug is diamorphine, or heroin, which is still a pharmaceutical drug in the United Kingdom, the production of which is licensed and regulated. 474 More than half of the global opium poppy production is for the legal medical market. Non-pharmaceutical drugs include alcohol, tobacco and caffeine. In Britain alcohol and tobacco are produced and imported under domestic and international licensing agreements and policed and taxed by Customs and Excise. Unlike tobacco, alcohol is a food/beverage besides being a drug and is therefore subject to various standards legislation. While home production of alcohol is not licensed, tobacco could be licensed and taxed for personal production but rarely is, thus making it de facto unlicensed. Caffeine is unlicensed, subject only to food and drink regulations. Other psychoactive substances, such as psychedelic mushrooms, khat, “herbal remedies” and “food supplements” are available in Britain but produced without any regulation or control. The supply of drugs occurs through prescription, pharmacy sales, licensed sales, licensed premises for consumption and unlicensed sales. In the prescription model, drugs are prescribed by a licensed doctor and dispensed by a licensed pharmacist. Further restrictions to the prescription model allow injectable diamorphine (heroin) to be prescribed only by a doctor with a specialized license, the occasional requirement that methadone be consumed in the pharmacy and the dispensing and injecting of diamorphine under medical supervision in a specialized venue, as occurs in Switzerland. In the pharmacy sales model, pharmacists make sales behind the counter with the responsibility to make restrictions according to age, quantity and concerns regarding misuse. The pharmacist is qualified to offer advice and health and safety information. Licensed sales include drugs such as alcohol and tobacco where licensed sellers are restricted to whom they can sell based on age and the hours in which they may sell, and licensing authorities oversee the regulations of these drugs. A step beyond this is licensed premises for sale and consumption, where the drug, mostly alcohol, is consumed at the sale site, and there is the added restriction of intoxication of the purchaser. The final existing supply option is unlicensed sales, where there are no existing controls at point of purchase for some intoxicants. Mushroom vendors are starting to get
a second look by police and Customs and Excise, and some vendors voluntarily have restrictions on the basis of age. Also, sales of certain solvents and inhalants are prohibited to children. The Transform report suggests the establishment of new supply options, built on existing models, including specialized pharmacists and licensed users with membership based licensed premises. Specialized pharmacists would be a combination of pharmacist and “drugs worker,” licensed to vend certain drugs to “recreational” users, and trained to recognize problematic use, provide safety information and make referrals to social services. Membership-based licensed premises are similar to the licensed premises for consumption already existing in many countries, with the caveat that drug purchase and consumption would require a membership with various conditions and restrictions. Regulatory Options Mark Haden, clinical supervisor of Addiction Services at the Vancouver Coastal Health Authority, outlines the various ways in which drugs could be regulated: 1. “Free market” legalization. Drugs are sold in the “free market.” Promotion, advertising and finding ways to promote sales and use of the substances would be allowed. 2. Legalization with “product” restrictions. Restrictions on manufacturers, packagers, distributors, wholesalers and retailers. 3. Market Regulation. Restrictions on the product and purchaser, discussed in further detail below. 4. Allow drugs to be available on prescription. All physicians could be allowed to prescribe currently illicit substances for medical or maintenance purposes. 5. Decriminalization. The removal of criminal sanctions for personal use only. This does not provide for legal options for how to obtain drugs, so there is still unregulated access to drugs of unknown purity and potency. 6. De facto decriminalization or de facto legalization. Collectively agreeing to ignore existing laws without changing them – an option for establishing a transitional period when testing out which policy options to consider. 7. Depenalization. Penalties for possession are significantly reduced and would include discharges, diversion to treatment instead of jail for possession of large amounts and trafficking, and “parking ticket” status for possession of small amounts for personal consumption. 8. Criminalization. Continuing to enforce all existing laws prohibiting certain drugs through the use of criminal sanctions. 475 The “Market Regulation” model, in which access to substances would be regulated by placing restrictions on the purchaser or the consumer, is particularly instructive. This model includes over a dozen regulatory mechanisms, which are not necessarily mutually exclusive: 1. Age of purchaser. There are currently restrictions to access of alcohol and tobacco based on age, but there is no control of the age when illegal drugs can be purchased. Drug dealers today do not ask their customers for age identification.
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Effective Drug Control: Toward A Ne
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TABLE OF CONTENTS RESOLUTION - STAT
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INNOVATIONS WITHIN THE PROHIBITION
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PART IV STATES’ RIGHTS: TOWARD A
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CURBING DEMAND FOR DRUGS: LIMITING
Page 11 and 12:
The Coalition and Its Task Forces a
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6. The regulation of state-licensed
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Further, the King County Bar Associ
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PART I Drugs and the Drug Laws: His
Page 19 and 20:
PROHIBITIONS OF THE PAST Mind-alter
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market in 1898 when Bayer Pharmaceu
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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: ALTERNATIVE MODELS OF DRUG CONTROL
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
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the legal basis for heroin prescrip
Page 135 and 136:
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
Page 141 and 142:
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.
Page 147 and 148:
600 Recent studies show conclusivel
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636 RCW 13.34.176 (violation of alc
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