than on its edges, thus increasing thepolitical opposition to the clinics andexacerbating their abrasions of thesurrounding community.These are not merely public relationsdifficulties. The opposition ofthe clinics' neighbors would mostlikely be based on a genuine loweringof the quality of their lives-andone which would be differentially imposedon those least able to afford it.The Problemof the AutomobileAs if this were not enough, wemust consider the problem of theautomobile. Although, in the mostcrowded inner cities, it is likely thatmost addicts do not drive cars, thereare many, perhaps a majority inplaces such as California, who do.The difficulty here is that many addictson heroin are not in goodenough condition to drive safely.Heroin, in this respect, is quiteunlike methadone, where the long- Ier-acting nature of the drug and thefact that it is taken orally make itsonset far more gentle.Even those addicts who are takingstable doses of heroin will not be ingood enough condition to drive justafter their injection, and should theybe delayed in traffic on the wayto theclinic, the beginnings of withdrawalmay make them a danger then. Entirelyapart from any legal liabilitythe clinic may incur, there is themoral problem of creating a risk tothose on the streets, and this dangerwill be most concentrated nearestthe clinic.The more one thinks about thisproblem, the more intractable it Ibecomes. We might be able to makean on-the-premises system workonly by providing convenient transportationfor addicts and by locatinglarge numbers of clinics throughoutour areas of heroin addiction. Thecosts of this kind of service, however,may simply price the wholeprogram out of the market.Financial Costof the On-the-PremisesSystemIndeed, the financial cost of theprogram would probably raise themost serious obstacle to an on-thepremisesheroin maintenance system.For a host of reasons, includingthe fact that it must be staffed dayand night, an on-the-premises heroinmaintenance system is considerablymore expensive than a prescriptionheroin scheme or one using methadone.It is likely that an on-thepremisesheroin maintenance systemwould cost some $15,000 per addictper year.Arguably this expenditure wouldstill be worthwhile, since the yearlysocial cost imposed by many addictsunder heroin prohibition is wellabove $15,000. The wisdom of suchexpenditures is by no means clear,however, for several reasons. Thoseaddicts who would stay in this kindof treatment would probably tend tobe the less criminal and more stableaddicts, who impose less than$15,000 a year costs upon us. Andsome of the criminalistic addicts whodid enter the maintenance programwould continue their former lifestyle with its attendant depredationsupon society, while absorbing thecost of maintenance, as well.In addition, the $15,000 figuredoes not include the indirect costs ofthe on-the-premises system. It doesnot include the social cost of theinevitable diversion from the system,the political and symbolic costsof locating the clinics, and thewelfare costs caused simply by thefact that for many, attending an onthe-premisessystem would be sotime-consuming that it preventedgainful employment. Finally, anykind of heroin maintenance system,regardless of whether a prescriptionor an on-the-premises system, involvescertain inherent costs whichmust be considered along with thosealready mentioned.The Costs of Any HeroinMaintenance SystemAmong the costs of all maintenanceschemes, we must consider the politicaldisadvantages of any government-controlledsystem which distributesaddictive drugs. We have \already heard charges that methadonemaintenance is a type ofgenocide and an effort to manipulatelarge numbers of minority groupmembers through government tranquilization.Even if one rejects thesecharges as extreme and unbalanced,there is legitimate cause for concern.Anyone interested in limiting governmentalpower over the individualshould worry about programs thatwould keep sizable numbers of citizensdependent upon the goodwill ofofficialdom to avoid being deprivedof their supply of an addicting drug.The Addict's HealthThe fact that the very nature of. heroin maintenance involves givingheroin to addicts raises anotherissue. In the long term, heroin use,especially through intravenous injection,is not good for the addict'shealth. British addicts, when theywere receiving legal heroin, had adeath rate even higher than that ofAmerican street addicts. So long asthey continue intravenous administration,addicts will risk collapsedveins, hepatitis, and a whole series ofphysical ailments. Moreover, eventhough heroin seems relatively nontoxic,at least as compared to alcohol,we do not yet know the longtermphysical effects of heroin addiction,even on a stabilized dosage andapart from the method of administration.The physical effects of heroin areby no means the only health problem.It is likely that many of thosemaintained on heroin will not be ableto stabilize their doses, despite theefforts of the maintenance clinics. As64 .<strong>Stanford</strong> <strong>Lawyer</strong> <strong>Fall</strong> <strong>1983</strong>
Ia result, many addicts may be leftalternating between a heroin deficitand a heroin euphoria as their toleranceoutstrips and then fallsbehind the amount of the drug theyreceive-perhaps supplemented bystreet heroin.The duty of physicians to helptheir patients does not fit in well witha system of heroin maintenance thatis designed in great part to keepaddicts from imposing costs uponthe rest of us. At the very least, thetension between the physician's idealof helping his patient, his role aspoliceman, and the desires of the addictfor more heroin will result inserious staffing and administrativeproblems in any heroin maintenanceprogram run under our medicalmodel.Enrolling NonaddictsIn any kind of heroin maintenancesystem, discriminating between trueaddicts and non-addicted userswould be difficult. The tendencywould be to enroll non-addicts on theassumption (not true) that everyheroin user will become addicted.Why would non-addicts seek tojoin a heroin maintenance system?Some may prefer even an inconvenienton-the-premises system totheir present lives. Some may simplybecome addicted, knowing that theywill then be candidates for maintenance.Others may be able to talktheir way into the maintenance programwhile not yet addictedthoughof course addiction will soonfollow, at least in an on-the-premisesprogram.We know that membership in amethadone program has been consideredby welfare authorities insome areas as tantamount to an inabilityto work. It is likely that heroinmaintenance will also attract seekersof welfare payments. Indeed, thecombined lure of heroin and welfarepayments may be that much greater.Moreover, addicts maintained onheroin may in fact be less able toIengage in productive work thanthose maintained on methadone,and, if they have to come to an onthe-premisessystem three times aday, this may be true, independent ofany direct drug effect.Prolonging AddictionAnother cost of any heroin maintenancesystem is its effect on alternativemethods of grappling with theheroin problem. If the life of thejunkie were the only alternative tomaintenance on legal, cheap andpure heroin, we could probablyagree that those on heroin maintenancewould be better off. Thechoice, however, in many cases, willbe between heroin maintenance andno addiction at all.We know that many addicts giveup addiction after relatively shortperiods and before they have built uptoo great a habit. Usually they dothis because they fear the disastrousconsequences of continued addiction,because of the problem of locatingand affording a supply, andbecause the heroin scene is too muchof a "hassle" for them.Moreover, even among long-termaddicts, perhaps a majority "matureout" and give up addiction after theage of about thirty-five. If heroinmaintenance is attractive and easyenough to attract addicts into thetreatment, it is quite likely to attractthem to stay.This problem is not nearly so simpleas might appear. Discontinuingmaintenance, say to addicts overforty, would be fought by clinic staffson medical and humanitariangrounds. And a policy of graduallymaking it more inconvenient orotherwise discouraging older patientswould be even harder to implement.Even if we did terminatemaintenance for addicts of a givenage-or at the physician's discretion- the chances are that at leastsome of those terminated wouldbecome street addicts again. Indeed,the percentage who returned tostreetaddiction might be higher thanwe think. We do not know how muchof the burnout phenomenon iscaused by age and how much by theoverall toll of many years as a streetaddict. If the latter, the long-termmaintenance patient might have energyleft for several years of streetaddiction.Effect on Other Typesof MaintenanceThe likely attractiveness of heroinmaintenance for addicts will haveanother effect; it will undermine anyother kind of maintenance we mightuse. As we will see, despite the problemsinherent in methadone maintenance,large numbers of addictshave adjusted to that drug and seemto be leading productive, noncriminallives, at a cost per addictconsiderably less than that of anon-the-premises system and withoutproducing the massive diversion aheroin prescription system wouldentail.Although, as a therapeutic matter,they are better off on methadone, itseems quite clear that most addictswould prefer to be maintained onheroin instead. The institution ofheroin maintenance, whatever goodit would do for those who have refusedour present treatments, wouldbe very likely to lure away frommethadone even those who could, infact, adjust to that more convenientand therapeutic drug.It is likely that any clinic offeringa choice between methadone andheroin maintenance would find itsmethadone rolls undersubscribed.Nor could it insist, as a condition ofreceiving heroin, that addicts trymethadone first. The preliminaryperiod on methadone before switchingto heroin might so lessen the attractivenessof the entire programthat it would lose much of its appealto many street addicts. And unlessthe heroin maintenance schemewere extremely inconvenient, theaddict would have a considerable in-<strong>Fall</strong> <strong>1983</strong> <strong>Stanford</strong> <strong>Lawyer</strong>65
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RFAll 1983VOL. 18, NO.1Heroin Optio
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jah(e,oYCONTENTSSTANFORD lAWYEREdit
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Business Law vs. Public Interest La
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By John Kaplanjockson Eli ReynoldsP
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maintenance almost entirely up toth
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smaller percentage of British addic
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that, because of regulation, cannot
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- Page 42 and 43: @.oarcA 4l!141~THE CONSTITUTION, RA
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- Page 70 and 71: c~OTESII1912-25Hon. David Lee Rosen
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- Page 80 and 81: October 11Washington, DC LawSociety
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In Memory of:Clifton C. Cottrell '2
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Clyde E. Tritt'49William W. VaughnS
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BEQUESTS AND DEFERRED GIVINGBequest