Report of the Senate Special Committeeon Illegaldrugs Report of the Senate Special Committee on Illegal Drugs: Cannabis
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Senate S6nat CANADA REPORTOF THE SENATESPECIAL COMMITTEEON ILLEGALDRUGS VOLUME111 : PARTIV AND CONCLUSIONS Senate Sdnat CANADA REPORT OF THE SENATE SPECIAL COMMITTEEON ILLEGALDRUGS REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS PART I1 - CANNABIS: EFFECTS, TYPES OF USE, ATTITUDES 63 CHAPTER5 - CANNABIS:FROM PLANT TO JOINT Om PLANT,VARIOUS DRUGS CANNABISROADS PROPERTIESOF CANNABIS A~THCConcentrations Pharrnacokinetics CONCLUSIONS CHAPTER6 - USERSAND USES: FORM, PRACTICE, CONTEXT PATTERNSOF USE Consumption by the population as a whole Consumption among young people Use patterns in other countries To summarize PATTERNSAND CIRCUMSTANCESOF USE Cannabis in History Trajectories of Use Factors Related to Use To summarize STEPPINGSTONE TOWARDS OTHER DRUGS? CANNABIS,VIOLENCE AND CRIME CONCLUSIONS CHAPTER7 - CANNABIS: EFFECTSAND CONSEQUENCES EFFECTSAND CONSEQUENCESOF CANNABIS:WHAT WE WERETOLD ACUTEEFFECTS OF CANNABIS CONSEQUENCESOF CHRONICUSE Physiological Consequences of Chronic Use Cognitive and Psychological Consequences Behavioural and Social Consequences TOLERANCEAND DEPENDENCE Cannabis Dependence Severity of Dependence Tolerance To summarize CONCLUSIONS CHAPTER8 - DRIVINGUNDER THE INFLUENCE OF CANNABIS FORMSOF TESTING EPIDEMIOLOGICALDATA Studies not involving accidents Studies where an accident was involved Epidemiological studies on youth REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS INTRODUCTION 1 PART I - GENERAL ORIENTATION 5 CHAPTER2 - OUR WORK Two WORKINGPRINCIPLES STATEOF KNOWLEDGE Research Program Expert Witnesses The Challenge of Synthesis TAKINGOPINIONS INTO ACCOUNT INTERPRETINGIN LIGHTOF PRINCIPLES CHAPTER3 - OUR GUIDING PRINCIPLES ETHICS,OR THE PRINCIPLE OF RECIPROCAL AUTONOMY GOVERNANCE:MAXIMIZING THE ACTIONS OF INDIVIDUALS Collective governance Governance of the self The role of governance CRIMINAL LAW AND THE LIMITS OF PROHIBITION Requirement for distinctions Criteria for distinction Application to illegal drugs issues SCIENCEOR APPROXIMATE KNOWLEDGE CONCLUSIONS CHAPTER4 - A CHANGINGCONTEXT CHANGESIN THE INTERNATIONAL SPHERE Globalization and Integration Difficulties of the Security Debate From Anti-Drug Policies to Drug Policies CHANGESIN CANADA Judicial Activism A National Crime Prevention Strategy The Fight Against Organized Crime A SOCIETAL DEBATE REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS Risk assessment EXPERIMENTALSTUDIES Non-driving activities While driving CONCLUSIONS CHAPTER9 - USE OF MARIJUANA FOR THERAPEUTIC PURPOSES HISTORY CONTEMPORARYKNOWLEDGE Therapeutic uses Marijuana as a drug? CURRENTTHERAPEUTIC PRACTICES CONCLUSIONS CHAPTER10 - CANADIANS'OPINIONS AND ATTITUDES THEMEDIA SURVEYS ATTITUDESAND OPINIONS SHARED WITH THE COMMITTEE CONCLUSIONS PART I11 - POLICIES AND PRACTICES IN CANADA 225 CHAPTER11 - A NATIONALDRUG STRATEGY? PHASEI - DEVELOPMENTAND IMPLEMENTATION Creation of the Canadian Centre on Substance Abuse Creation of Canada's Drug Strategy Secretariat PHASEI1 - RENEWAL PHASE111 - RENEWAL WITHOUT SPECIFIED FUNDING CANADA'SDRUG STRATEGY - A SUCCESS? CONCLUSIONS CHAPTER12 - THENATIONAL LEGISLATIVE CONTEXT 1908-1960: HYSTERIA Opium Act, 1908 The Opium and Narcotic Drug Act, 191 1 Amendments to the Opium and Narcotic Drug Act (1 920-1 93 8) Amendments to the Act to Amend the Opium and Narcotic Drug Act in 1954 Senate Report of 1955 FROM1960 TO THE LE DAIN COMMISSION:THE SEARCHFOR REASONS Narcotic Control Act (1961) An Act respecting Food and Drugs and Barbiturates (196 1) The Le Dain Commission (1 969-1973) Bill S-19 and Cannabis AFTER LE DAIN: FORGINGAHEAD REGARDLESS Controlled Drugs and Substances Act CONCLUSIONS REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS CHAPTER13 - REGULATINGTHEWEUTIC USE OF CANNABIS BACKGROUNDTO THE RECENTREGULATIONS Section 56 - Controlled Drugs and Substances Act Charter Challenges - Therapeutic Use of Marijuana Government Reaction MARIHUANA MEDICAL ACCESSREGULATIONS Authorization to Possess Licence to Produce Other Provisions COMPASSIONATEACCESS? Eligibility Access to cannabis Products Costs RESEARCHPLAN Scientific Research Research-Grade Marijuana CONCLUSIONS CHAPTER14 - POLICEPRACTICES ENFORCEMENTAGENCIES RCMP CHARGESUNDER THE CONTROLLEDDRUGS AND SUBSTANCESACT IN 1999 TheCanada Customs and Revenue Agency Provincial and Municipal Police COSTS POLICEPOWERS Searches and Seizures Entrapment and Illegal Activity Conclusion STATISTICS Reported Incidents Charges Concerns Customs Act - Fines SEIZURES CONCLUSIONS CHAPTER15 - THE CRIMINALJUSTICE SYSTEM PROSECUTION COURTS Drug Treatment Courts DISPOSITIONAND SENTENCING CORRECTIONS CRIMINALRECORD COURTCHALLENGES CONCLUSIONS REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS CHAPTER16 - PREVENTION INITIATIVES THAT FALL SHORT OF THE MARK Not enough prevention Prevention lacks focus There is not enough evaluation of preventive measures Preventive and social messages in contradiction There is a body of knowledge on which we have to draw PREVENTMG WHAT AND HOW? RISK REDUCTION AND HARM REDUCTION CONCLUSIONS CHAPTER17 - TREATMENTPRACTICES CANNABISDEPENDENCY FORMSOF TREATMENT EFFECTIVENESSOF TREATMENT CONCLUSIONS CHAPTER18 - OBSERVATIONS ON PRACTICES DIFFICULTIESIN HARMONIZING THE PLAYERS INCONGRUITIES OF APPROACH SIGNIFICANTECONOMIC AND SOCIAL COSTS PART IV - PUBLIC POLICY OPTIONS 437 CHAPTER19 - THE INTERNATIONALLEGAL ENVIRONMENT 439 A GENEALOGY 440 The 1909 Shanghai Conference 443 The 1912 Hague International Opium Convention 444 The 1925 Geneva Opium Conventions 446 The 1931 Geneva Narcotics Manufacturing and Distribution Limitation Convention 1 1931 Bangkok Opium Smoking Agreement 447 The 1936 Geneva Convention for the Suppression of the Illicit Traffic in Dangerous Drugs 448 The Second World War 449 The 1946 Lake Success Protocol 449 The 1948 Paris Protocol 450 The 1953 New York Opium Protocol 450 THETHREE CURRENT CONVENTIONS 451 The Single Convention on Narcotic Drugs, 1961 451 Convention on Psychotropic Substances 455 Protocol amending the Single Convention on Narcotic Drugs, 1961 460 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 462 SOMELEEWAY? 464 CONCLUSIONS 468 REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS CHAPTER 20 - PUBLICPOLICIES IN OTHERCOUNTRIES FRANCE Different Forms of Logic An Integrated Public Policy Legislative Framework Key Reports Statistics on Use and Offences Costs THENETHERLANDS Dutch Pragmatism? Essential Experts Reports Legislation The Coffee Shop System Data on Use UNITED KINGDOM Ten-Year Strategy to Battle Drugs Legislative Framework Other Relevant Legislation in the Field of Drug Misuse Debate in the UK Recent Key Reports and Studies Administration Costs Statistics SWEDEN National Strategy Legislative Framework Debate in Sweden Recent Reports Costs Administration Statistics SWITZERLAND A Harm Reduction Policy The Legal Framework A Bill to Decriminalize Cannabis Administration of Swiss Drug Policy Statistics on Narcotics Use and Offences under the Narcotics Act AUSTRALIA National Drug Strategy Legislative Framework Decriminilization in Australia Administration Statistics UNITEDSTATES The Federal-State Legislative Framework Current Legislation and Enforcement Federal Drug Policy Goals and Objectives Administration of the Policy Current Issues and Debates REPORT OF THE SENATE SPECIAL COMMITTEE ON ILLEGAL DRUGS: CANNABIS Statistics CHAPTER2 1 - PUBLIC POLICY OPTIONS INEFFECTIVENESS OF CRIMINAL POLICIES Impact on Consumption Impact on Supply Conclusion GENERALECONOMY OF A PUBLIC POLICY ON CANNABIS COMPONENTSOF A PUBLIC POLICY Strong Decision-making Body Interconnection A Shared Definition of Shared Objectives Information Tools LEGISLATIVEOPTIONS Clarification of criminology Criteria for a Legal Policy on Cannabis CONCLUSIONS AND RECOMMENDATIONS 607 LE DAIN - ALREADY THIRTY YEARS AGO INEFFECTIVENESS OF THE CURRENTAPPROACH PUBLIC POLICY BASED ON GUIDING PRINCIPLES A CLEARAND COHERENT FEDERAL STRATEGY NATIONAL STRATEGY SUSTAINED BY ADEQUATE RESOURCES AND TOOLS A PUBLIC HEALTH POLICY A REGULATORYAPPROACH TO CANNABIS A COMPASSION-BASED APPROACH FOR THERAPEUTIC USE PROVISIONS FOR OPERATING A VEHICLE UNDER THE INFLUENCE OF CANNABIS RESEARCH CANADA'SINTERNATIONAL POSITION PROPOSALS FOR IMPLEMENTING THE REGULATION OF CANNABIS FOR THERAPEUTIC AND RECREATIONAL PURPOSES 623 BIBLIOGRAPHY 627 I REPORTOF THE SENATESPECIAL COMMITTEE ON ILLEGALDRUGS : CANNABIS GLOSSARYOF KEY TERMS Abuse Vague term with a varieq of meanings depending on the social, medical and legal contexts Some equate any use of iuicit drugs to abuse: for example, the international conventions considel that any use of drugs other than for medical or scientific purposes is abuse. The Diagnosis and Statistical Manual of the American Psychiatric Association defines abuse as a maladaptive pattern of substance use leading to chically significant impairment or distress as defined by one or more of four criteria (see chapter 7). In the report, we prefer the term excessive use (or harmful use). Acute effects Refers to effects resulting from the administration of any drug and specifically to its short term effects. These effects are distinguished between central (cerebral functions) and peripheral (nervous system). Effects are dose-related. Addiction General term referring to the concepts of tolerance and dependency. Accordmg to WHO addiction is the repeated use of a psychoactive substance to the extent that the user is periodically or chronicall!. intoxicated, shows a compulsion to take the preferred substance,