Classifications of Controlled Substances: Insights from 23 Countries Lisa Dragic
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Illegal Drugs in Canada: Refocusing Canada’S Drug Strategy
Illegal Drugs in Canada: Refocusing Canada’s Drug Strategy Major Research Paper By: Nicole Barrafato Ottawa University 1 May 2013 Introduction “Billions of dollars have gone into the anti-drug war and it has brought only huge criminal organizations. When you have poured in money for a century surely it is time for you to decide it is not working.” Dr E.K. Rodrigo, former Drug Tsar of Sri Lanka 2005 In the last decade international attitudes towards the prohibition of illegal drugs have undergone rapid change. For over half a century governments around the world have been fighting a declared “war on drugs.” Within the last two decades, however, most have conceded that this crusade has been an unmitigated failure. Even though most of the international community has acknowledged this failure, it has been slow to re-conceptualize how it views illegal drugs and explore alternative policies. Part I of this paper demonstrates that the rapid globalization of the past three decades has had a significant impact on the scope, speed and scale of deviant globalization, where illicit industries operate in the shadows of the legitimate global economy. It was also around this time that the American-led “war on drugs” was launched, which essentially shaped the international drug control regime. Part II addresses the failures of the current prohibition regime and outlines alternative policy approaches that could instead be taken to address the problem of illicit drugs. In addition, case studies on countries that have been at the forefront of innovative drug policies, namely the Netherlands, Portugal and Australia, will also be examined. -
Misuse of Drugs Act 1975
Reprint as at 1 July 2014 Misuse of Drugs Act 1975 Public Act 1975 No 116 Date of assent 10 October 1975 Commencement see section 1(2) Contents Page Title 4 1 Short Title and commencement 4 2 Interpretation 4 3 Act to bind the Crown 9 3A Classification of drugs 9 4 Amendment of schedules that identify controlled drugs 10 and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply 4A Procedure for bringing Order in Council made under 12 section 4(1) or (1B) into force 4B Matters to which Minister must have regard before 13 recommending Order in Council under section 4(1) or (1B) 4C Temporary class drug notice [Repealed] 14 4D Effect of temporary class drug notice [Repealed] 15 4E Duration of temporary class drug notice [Repealed] 15 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Health. 1 Reprinted as at Misuse of Drugs Act 1975 1 July 2014 5 Advisory and technical committees 15 5AA Expert Advisory Committee on Drugs 15 5A Approved laboratories 17 5B Functions of Minister 17 6 Dealing with controlled drugs 18 7 Possession and use of controlled drugs 20 8 Exemptions from sections 6 and 7 22 9 Cultivation of prohibited plants 26 10 Aiding offences against corresponding law of another 27 country 11 Theft, etc, of controlled drugs 28 12 Use of premises or vehicle, etc 29 12A Equipment, -
ABSTRACT CHAMBERS, CHERYL. Institutional
ABSTRACT CHAMBERS, CHERYL. Institutional Racism: Is Law Used as a Tool to Perpetuate Racial Inequality? (Under the direction of Richard Della Fave.) Law is a mechanism we use to instigate social change and bring about equality. It is also the tool that has been used to institutionalize, legitimize and perpetuate inequality. In the past beliefs of racial inferiority and savagery may have resulted in legislation designed to perpetuate a group’s subordinate status. Laws and public policy are created within an historical and political context. Is there a connection between social climate and the advent of federal drug legislation? In this research, conflict and racial inequality perspectives are applied to the role of the economy and politics to foster understanding of opium laws in the late 1800’s and early 1900’s, the Marihuana Tax Act of 1937, and the Anti-Drug Abuse Act of 1986 and the contexts from which they emerged. It is hypothesized that an historical analysis of the Congressional discussions surrounding these drug laws will illustrate that competition and threat, economic and/or political, were present prior to the enactment of the laws. Analyses indicate that while economic and to a limited extent political competition between Chinese immigrants and white Americans affected the passage of the opium laws, economic and political competition had little effect on the passage of the Marihuana Tax Act or the Anti-Drug Abuse Act. While vilification of and anti-minority sentiment during the opium legislation was clear and recognizable, it was almost non-existent during the marijuana legislation, and present in only nuances in the 1980’s. -
CICAD/Doc.2147/14 Guatemala 18 November 2014 Original: English
INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION C I C A D Secretariat for Multidimensional Security FIFTY-SIXTH REGULAR SESSION OEA/Ser.L/XIV.2.56 November 19 - 21, 2014 CICAD/doc.2147/14 Guatemala 18 November 2014 Original: English THE REFORM OF CANNABIS LAWS IN JAMAICA MAURICE BAILEY, JAMAICA The Reform of Cannabis Laws in Jamaica The Jamaican Context • Cannabis Sativa (marijuana) is known as “ganja” in Jamaica. • Ganja was bought to Jamaica in the mid 19th century by imported labourers from India • Ganja use is widespread in Jamaica for recreational, religious and medicinal purposes. Brief History of Ganja Laws In Jamaica • Hague Convention 1912-contracting parties make possession of opium, morphine and cocaine a criminal offence. • Cannabis was not included in Convention • Jamaican Legislators passed Opium Law 1913 and included cannabis “ganja” • Issues of race and class prejudice The Dangerous Drugs Act 1948 • Prohibition of ganja now contained in the Dangerous Drugs Act. Passed in 1948 and amended several times since then • Absolute prohibition of any dealing with the ganja plant • Penalties were severe: between 1941 and 1972 a sentence of imprisonment of up to a maximum of 18 months was mandatory on conviction for possession • Section 2 defines “ganja” as follows; "ganja" includes all parts of the plant known as cannabis sativa from which the resin has not been extracted and includes any resin obtained from that plant, but does not include medicinal preparations made from that plant • Part IIIA (Sections 7A-7D) contain specific provisions for Ganja • Section 7A prohibits import or export or taking any steps preparatory to export. -
'Legal Highs' the Challenge of New Psychoactive Substances
Series on Legislative Reform of Drug Policies Nr. 16 October 2011 ‘Legal highs’ The challenge of new psychoactive substances By Adam Winstock1 and Chris Wilkins2 This paper aims to set out some of the pol- icy and public health issues raised by the appearance of a wide range of emergent psychoactive substances of diverse origin, effect and risk profile (commonly referred to as ‘legal highs’). It will start by considering what is meant by the term ‘legal highs’ and consider the his- torical context that has framed their appear- ance and must inform any response. It will then consider some of the approaches that KEY POINTS have been adopted by different nations to Evidence shows that alternatives to control their availability and associated criminalisation exist that attain many harms, including a preliminary assessment desirable outcomes for governments, whilst of their consequences, both intended and minimising the unnecessary consequences not. of criminalising the individual user. To date, the approaches to regulation have While new psychoactive substances pose varied between nations, both with respect a challenge to existing drug control re- to the nature and specificity of the meas- gimes, their appearance provides an oppor- ures taken and their intended outcome. tunity to consider the trial of alternative Such diversity appropriately reflects the policy and legislative approaches to drug marked differences in the existing drug use control. problems and public health approaches to addressing such issues between nations. An objective evaluation based upon scientific evidence is required to evaluate WHAT IS A LEGAL HIGH? the utility of these different control options, as well as their impact on public Over the last decade the term ‘legal high’ health outcomes. -
Regulatory Strategies for Promoting the Safe Use of Prescription Opioids and the Potential Impact of Overregulation
REGULATORY STRATEGIES FOR PROMOTING THE SAFE USE OF PRESCRIPTION OPIOIDS AND THE POTENTIAL IMPACT OF OVERREGULATION Wissenschaftliche Prüfungsarbeit zur Erlangung des Titels „Master of Drug Regulatory Affairs“ der Mathematisch-Naturwissenschaftlichen Fakultät der Rheinischen Friedrich-Wilhelms-Universität Bonn vorgelegt von Dr. Katja Bendrin aus Torgau Bonn 2020 Betreuer und Erster Referent: Dr. Birka Lehmann Zweiter Referent: Dr. Jan Heun REGULATORY STRATEGIES FOR PROMOTING THE SAFE USE OF PRESCRIPTION OPIOIDS AND THE POTENTIAL IMPACT OF OVERREGULATION Acknowledgment │ page II of VII Acknowledgment I want to thank Dr. Birka Lehmann for her willingness to supervise this work and for her support. I further thank Dr. Jan Heun for assuming the role of the second reviewer. A big thank you to the DGRA Team for the organization of the master's course and especially to Dr. Jasmin Fahnenstich for her support to find the thesis topic and supervisors. Furthermore, thank you Harald for your patient support. REGULATORY STRATEGIES FOR PROMOTING THE SAFE USE OF PRESCRIPTION OPIOIDS AND THE POTENTIAL IMPACT OF OVERREGULATION Table of Contents │ page III of VII Table of Contents 1. Scope.................................................................................................................................... 1 2. Introduction ......................................................................................................................... 2 2.1 Classification of Opioid Medicines ................................................................................................. -
Report of the International Narcotics Control Board for 2018
104 INCB REPORT 2018 816. The lack of data related to drug trafficking and abuse in the region, other than for Australia and New Zealand, coupled with the fact that many countries have not yet become parties to the drug control treaties, is a matter of great concern to the Board. The Board has con- ducted bilateral meetings with the Governments of Papua New Guinea and Solomon Islands to address those issues and has followed up with the Governments of all non- States parties to one or more of the international drug control conventions in the region. In that connection, the Board was informed that the authorities of Papua New Guinea were to commence the national process of adher- ing to the 1988 Convention in September 2018. 2. Regional cooperation 817. The Oceania Customs Organization84 held its twen- tieth annual conference, on the theme “Strengthening regional connections to support a safe and prosperous Pacific”, in Melbourne, Australia, from 11 to 14 June 2018. During the meeting, customs administrations from the 23 members signed a memorandum of understanding on customs cooperation to facilitate the exchange of infor- mation between relevant border security agencies. E. Oceania Members endorsed the re-establishment of the Information Working Group and the progression of the Small Craft Mobile Application Project, developed by Australia, to 1. Major developments phase 3 as of July 2018. The members also endorsed the signing the Declaration of Partnership between the Pacific 814. Oceania continues to be vulnerable to drug manu Islands Chiefs of Police, the Pacific Immigration facturing and drug and precursor trafficking. -
Regulation of Drug Checking Services
IN CONFIDENCE In Confidence Office of the Minister of Health Cabinet Social Wellbeing Committee Regulation of drug checking services Proposal 1 This paper seeks agreement to amend the Misuse of Drugs Act 1975 and the Psychoactive Substances Act 2013 to enable a permanent system of regulation for drug checking service providers. Relation to government priorities 2 This proposal does not relate to a Government priority. Executive Summary 3 Drug checking services check the composition of illicit drugs and provide harm reduction advice to help individuals make informed decisions about drug use. Where a drug is not as presumed, the individual can make the potentially life-saving decision not to consume it. 4 Drug checking is currently regulated under amendmentsreleased made by the Drug and Substance Checking Legislation Act 2020 (the Drug Checking Act) to the Misuse of Drugs Act and the Psychoactive Substances Act. These amendments allow appointed drug checking service providers to operate with legal certainty. 5 The Drug Checking Act was always intended to be temporary legislation to allow time for a permanent licensing system to be developed. The Drug Checking Act includes mechanisms which will repeal the amendments to the Misuse of Drugs Act and the Psychoactive Substances Act in December 2021. 6 If a permanent system is not in place when the Drug Checking Act repeal provisions take effect, drug checking will revert to a legal grey area. This would impede service provision and make it more difficult to prevent harm from dangerous substances such as synthetic cathinones (sometimes known as “bath salts”). Regulation is required to enable good quality services and to prevent low-quality service providers from operating. -
Idpc Drug Policy Guide 3Rd Edition
IDPC DRUG POLICY GUIDE 3RD EDITION IDPC Drug Policy Guide 3 IDPC DRUG POLICY GUIDE 3RD EDITION Acknowledgements Global Drug Policy Observatory) • Dave Borden (StoptheDrugWar.org) IDPC would like to thank the following authors for drafting chapters of the 3rd Edition of the • Eric Gutierrez (Christian Aid) IDPC Drug Policy Guide: • Fabienne Hariga (United Nations Office on • Andrea Huber (Policy Director, Penal Reform Drugs and Crime) International) • George McBride (Beckley Foundation) • Benoit Gomis (Independent international • Gloria Lai (IDPC) security analyst, Associate Fellow at Chatham House, and Research Associate at Simon Fraser • Graham Bartlett (former Chief Superintendent University) of the Sussex Police) • Christopher Hallam (Research Officer, IDPC) • Gregor Burkhart (European Monitoring Centre for Drugs and Drug Addiction) • Coletta Youngers (Consultant, IDPC & Washington Office on Latin America) • Ines Gimenez • Diana Guzmán (Associate investigator, • Jamie Bridge (IDPC) DeJusticia, Associate Professor at Colombian • Javier Sagredo (United Nations Development National University and PhD candidate at Program) Stanford University) • Jean-Felix Savary (Groupement Romand • Diederik Lohman (Associate Director, Health d’Etudes en Addictologie) and Human Rights Division, Human Rights • Juan Fernandez Ochoa (IDPC) Watch) • Katherine Pettus (International Association for • Gloria Lai (Senior Policy Officer, IDPC) Hospice and Palliative Care) • Jamie Bridge (Senior Policy and Operations Manager, IDPC) • Luciana Pol (Centro de Estudios -
Briefing Paper: New Zealand's Psychoactive Substances Legislation
IDPC/NZDF Briefing Paper New Zealand’s psychoactive substances legislation Catherine McCullough,1 Jackson Wood2 and Rob Zorn3 September 2013 This briefing paper was written in collaboration with the New Zealand Drug Foundation continues a long history of New Zealanders making Introduction the most of available resources to create substitutes for drugs that are unavailable. As with many western countries, New Zealand’s drug laws are out of date and are causing more It is fitting then, that New Zealand has become the harm than was originally intended. The laws carry first country to pass legislation that seeks to the shadow of a prohibitionist past, have failed to regulate NPS to ensure they are low risk, rather keep up with innovations in drug production and than to control them through prohibition and supply and do not relate well to modern punitive measures. understandings of harm reduction and health The Psychoactive Substances Act 2013 has been protection. generally well-received by politicians, the ‘legal The challenge of Benzylpiperazine (BZP) ‘party pills’ high’ industry and the public. It is also receiving in the late 1990s and early 2000s made deficiencies considerable attention from like-minded in New Zealand’s drug law abundantly clear. No jurisdictions around the world. framework for controlling BZP and other party pills As we shall see, if is far from a perfect or final could be found within existing laws and solution, but it bodes extremely well for future regulations. An endless cat and mouse game began drug policy development and reform, both here between the Government and the ‘legal high’ and overseas. -
Report of the International Narcotics Control Board for 2010
Chapter III. Analysis of the world situation in 2008 were reported to involve more than one concerned, such as Cook Islands, Kiribati, the Marshall substance. Islands, Nauru, Palau, Papua New Guinea, Samoa, the Solomon Islands, Tuvalu and Vanuatu, to accede to the international drug control treaties without further delay E. Oceania and to strengthen national legislation and border control. 1. Major developments 758. In Australia, traffickers are increasingly using the 2. Regional cooperation Internet to obtain not only precursor chemicals but also 761. Regional meetings in Oceania continued to play equipment used for the illicit manufacture of drugs. an important role in bringing countries together to Recently, the Australian customs authorities launched address drug control issues. At the twenty-eighth an operation to monitor importation from Internet annual meeting of the Pacific Islands Law Officers’ pharmacies based overseas. The operation dismantled Network, held in Samoa in December 2009, an organized criminal group that ordered participants highlighted the need for States in the pharmaceutical products containing pseudoephedrine region that were not yet parties to the international from overseas-based Internet pharmacies, with the drug control treaties to ratify those instruments. The intention of reselling them to illicit drug annual meeting of the Regional Security Committee of manufacturers. the Pacific Islands Forum was held in Fiji in 759. The Government of New Zealand has given high June 2010. The issue of transnational crime, including priority to the fight against the illicit manufacture and trafficking in drugs and precursors, remained high on abuse of methamphetamine. The national action plan the agenda. There was consensus among participants to tackle illicit manufacture and abuse of that the region remained vulnerable to threats posed by methamphetamine, launched in October 2009, has led transnational crime and that countries in the region to the identification of new trafficking trends, the must respond collectively and promptly. -
Overdose Prevention Among People Who Use Ghb at Home in the Netherlands and Belgium (2014 - 2015)
Overdose Prevention among hard-to-reach people who use GHB in the Netherlands and Belgium 2 Mainline & CVO – 2014 / 2015 Overdose prevention Among people who use ghb at home In the Netherlands and Belgium (2014 - 2015) An exploration of the personal and environmental characteristics associated with overdosing and the opportunities for risk reduction Overdose Prevention among hard-to-reach people who use GHB in the Netherlands and Belgium 3 Mainline & CVO – 2014 / 2015 COLOPHON Project team: H. van Aalderen, R. van Bodegom, M. Busz and S. van Gaalen (Mainline Foundation) Research team: D. De Bruin, J.P. Grund (Centre for Addiction Studies) Outreach team: I. Bakker, S. van Gaalen (Mainline) and T. Nabben (Bonger Institute) Editor: S. van Gaalen (Mainline), D. De Bruin, J.P. Grund (Centre for Addiction Studies) Layout: L. Knoops (Mainline) Translation: J. Kreb (Transmission Translations) & S. Jabbar (The English Writer) This project has been produced with the financial support from: The European Commission JUST/2013/DPIP/AG/4795 & The Dutch Mental Health Foundation (20136791). FrederikHendrikstraat 111 Postbus 58303 1040 HH Amsterdam +31 20 6822660 www.mainline.nl [email protected] © 2015, Mainline Foundation, Amsterdam No part of this publication may be reproduced and/or published by way of print, photocopies, microfilm or in any other way, without the prior written permission from Mainline Foundation. Overdose Prevention among hard-to-reach people who use GHB in the Netherlands and Belgium 4 Mainline & CVO – 2014 / 2015 PREFACE The following pages present Mainline’s research report ’Overdose prevention among hard-to-reach people who use GHB at home’. It is the result of many conversations held with people from all over the Netherlands and in the northern part of Belgium (Flanders) who use GHB.