Effective Drug Control: Toward A New Legal Framework

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PART V Parameters of a New Legal Framework for Psychoactive Substance Control
V. PARAMETERS OF A NEW LEGAL FRAMEWORK FOR PSYCHOACTIVE SUBSTANCE CONTROL Treating drug use as a criminal matter rather than a social and medical issue has not been successful in reducing drug use, nor the harms arising from drug use. 585 For over three decades the state has been seeking new tools to fight the persistent crime problem that has inevitably arisen from the policy of drug prohibition, meanwhile distracting both the state and society at large from effectively addressing the problem of drug addiction itself. Persuasive and voluminous research indicates that a public health approach to drug abuse – stressing research, education, prevention and treatment – is far more effective than the use of criminal sanctions. However, the policy of drug prohibition, which has spawned a range of intractable problems, from a flourishing “black market” to the spread of blood-borne diseases to official corruption, has been a major impediment to employing such a public health approach. PRINCIPLES AND OBJECTIVES The following principles were set forth by the King County Bar Association in 2001 to guide reform of drug control policies and practices: 1) Any public policy toward drug use should seek to result in no more harm than the use of the drugs themselves; 2) Any public policy toward drug use should address the underlying causes and the resulting harms of drug abuse instead of attempting to discourage drug use through the imposition of criminal sanctions; 3) The state should regulate drugs in a manner that recognizes citizens’ individual liberties while answering the need to preserve public health, public safety and public order, especially providing compassionate treatment to those in need; and 4) The state should regulate the use of drugs in a manner that uses scarce public resources as efficiently as possible. 586 Using these principles as a guide, a critical step toward improving society’s response to drug abuse would be to establish a state-level regulatory system to control those psychoactive substances that are currently produced and distributed exclusively in illegal markets, where those substances are now controlled by criminal gangs and are readily available to children. The principle objectives of the King County Bar Association’s broad drug policy reform efforts have been: to reduce crime and public disorder; to improve public health; to protect children more effectively; and to make wiser use of scarce public resources. In accordance with those objectives, the purposes of any new regulatory system to control
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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
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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
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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
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Like the Chinese before them, Mexic
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targeting patent medicine-makers wi
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intolerance toward recreational dru
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1919 the First World War raged in E
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appointment was an extremely signif
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Criticism from the Professions The
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THE MODERN “WAR ON DRUGS” Under
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offenders and the lengthening of pr
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II. INTERNATIONAL TRENDS IN DRUG PO
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Since September 11, 2001, however t
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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: Implied Foreign Affairs Power Feder
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
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636 RCW 13.34.176 (violation of alc
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