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2000, SSRN Electronic Journal
Psychoactive drugs are an especially rich topic for criminological scholarship. The topic is inherently multidisciplinary, involving neuroscience, psychology, cultural anthropology, history, microeconomics, and moral philosophy. And drug policy instruments extend beyond the usual arsenal (special and general deterrence, incapacitation, rehabilitation, retribution, and persuasion) to include social work, medicine, psychotherapy, social support groups, drug maintenance clinics, and mass media campaigns.
Addiction, 2010
Drug Policy and the Public Good was written by an international group of scientists from the fields of addiction, public health, criminology and policy studies to improve the linkages between drug research and drug policy. The book provides a conceptual basis for evidence-informed drug policy and describes epidemiological data on the global dimensions of drug misuse. The core of the book is a critical review of the cumulative scientific evidence in five general areas of drug policy: primary prevention programmes in schools and other settings; health and social services for drug users; attempts to control the supply of drugs, including the international treaty system; law enforcement and ventures into decriminalization; and control of the psychotropic substance market through prescription drug regimes. The final chapters discuss the current state of drug policies in different parts of the world and describe the need for future approaches to drug policy that are coordinated and informed by evidence.
2021
What conduct can and cannot legitimately be prohibited through the criminal law? Few topics powerfully illustrate the issues raised by this question including the criminalisation of drugs. In this paper, we are examining the legitimacy of drug criminalisation by critically examining the arguments both for and against it. In doing so, we will confront the fundamental question of what can serve as a valid justification for criminalisationas well as how criminalisation can often turn out to be ineffective, counter-productive, or even actively harmful. We will also discuss how the criminal law's approach to drugs is changing in some jurisdictions. Under traditional models of drug criminalisation, it is criminal to produce, import, export, supply, and/or possess any of a list of controlled substances: for example, heroin, cannabis, or cocaine. In recent years, however, this approach has increasingly been criticised for its inability to tackle the growing problem of new psychoactive substances, or "legal highs". This new threat has led some jurisdictions to develop new legislative models. In the UK, for example, it is now criminal to produce or supply (but not merely to possess) anything that meets the definition of a "psychoactive substance"-a definition that seems to catch many entirely harmless substances, as well as substances that mimic controlled drugs. Are such "catch-all" prohibitions a legitimate form of criminalisation?
International Journal of Drug Policy, 1999
Although many comparable collective irrationalities and social pathologies were long ago laid to rest through the influence of our modern age of science and reason, drug prohibition persists, and even flourishes in our time as one of the great continuing instances of crowd-madness so characteristic of the pre-scientific age. In the past few years many writers and researchers have attempted to explain prohibition's great hold on us, but none of the resulting hypotheses or theories seem sufficient to the task. With the view that a more radical and fundamental theory of prohibition's facilitating collective psychology is needed ideas are presented, more as an exploration of possibilities and encouragement to others to augment their own thinking than a suggestion that the definitive key to the phenomenon has been found.
This paper will explore the impact current drug policy has on the treatment of substance abuse disorders. The predominant policy of prohibition (i.e., “War on Drugs”) emerged in the early Twentieth Century. It has been expanded on since then to become the primary thrust of drug policy in almost every nation today. We will examine how this came about and the ways in which it has contributed to the maltreatment of substance abuse disorders.
The International journal on drug policy, 2010
The application of regulatory theory to the problem of illicit drugs has generally been thought about only in terms of 'command and control'. The international treaties governing global illicit drug control and the use of law enforcement to dissuade and punish offenders have been primary strategies. In this paper I explore the application of other aspects of regulatory theory to illicit drugs-primarily self-regulation and market regulation. There has been an overreliance on strategies from the top of the regulatory pyramid. Two other regulatory strategies--self-regulation and market regulation--can be applied to illicit drugs. Self-regulation, driven by the proactive support of consumer groups may reduce drug-related harms. Market strategies such as pill-testing can change consumer preferences and encourage alternate seller behaviour. Regulatory theory is also concerned with partnerships between the state and third parties: strategies in these areas include partnerships betw...
The ANNALS of the American Academy of Political and Social Science, 2002
2006
Executive summary There are a number of strategies by which a society may seek to control psychoactive substances. One is control of availability, of which prohibition is the most extreme form. Others include education, public information and persuasion, environmental harm-reduction strategies, deterring behaviours connected with substance use, and the treatment of substance-use problems. It is possible to regulate the product, the provider or seller, the conditions of sale, or the buyer or consumer.
Australian and New Zealand Journal of Medicine, 2000
Science, 1989
As frustrations with the drug problem and current drug policies rise daily, growing numbers of political leaders, law enforcement officials, drug abuse experts, and common citizens are insisting that a radical alternative to current policies be fairly considered: the controlled legalization (or decriminalization) of drugs.' Just as "Repeal Prohibition" became a catchphrase that swept together the diverse objections to Prohibition, so "Legalize (or Decriminalize) Drugs" has become a catchphrase that means many things to many people. The policy analyst views legalization as a model for critically examining the costs and benefits of drug prohibition policies. Libertarians, both civil and economic, view it as a policy alternative that eliminates criminal sanctions on the use and sale of drugs that are costly in terms of both individual liberty and economic freedom. Others see it simply as a means to "take the crime out of the drug business." In its broadest sense, however, legalization incorporates the many arguments and growing sentiment for de-emphasizing our traditional reliance on criminal justice resources to deal with drug abuse and for emphasizing instead drug abuse prevention, treatment, and education, as well as noncriminal restrictions on the availability and use of psychoactive substances and positive inducements to abstain from drug abuse. There is no one legalization option. At one extreme, some libertarians advocate the removal of all criminal sanctions and t This article, the Comments that follow and a portion of Nadelmann's Response to these Comments, were originally published in
Addiction, 1990
To foster comparison of policy interventions across the various categories of licit and illicit drugs, we develop a typology of policies intended to address drug abuse problems. The principal dimensions of the typology are policy type and intervention channel. While the typology has important limitations, as a mechanism to organize information and stimulate thought it holds the potential to improve understanding of commonalities and distinctions among policies applying to widely discrepant drug problems, both within and across cultures. As such, it could contribute to the development of more effective approaches to grappling with a diverse set of drug policy issues.
International Social Science Journal, 2001
Drug and Alcohol Review, 1991
The use of psychoactive drugs is regarded by many as a basic human drive, but it is one that induces a variety of societal responses to curb it. The present review examines two aspects of government policy on drugs: first, the influence of social movements on drug policy; and secondly, the choices for constraining drug use as an alternative to total prohibition. Addiction is essentially a repeated behaviour which is viewed as excessive or harmful. As such, it has many similarities with a wide range of human behaviours. With the concept of addiction becoming progressively banalized, there is the possibility of a more natural debate about decriminalization and legalization of drugs in terms of a balance between harm and benefits. The current public debate may create a climate for serious political consideration of the strategies. [Room R. Drug policy reform in historical perspective: movements and mechanisms. Drug Alcohol Rev x99x ~ io: [37][38][39][40][41][42][43]
Annual Review of Law and Social Science, 2011
For decades, the debate over the merits of ending drug prohibition has carried on with little consequence. The recent near success of a cannabis legalization initiative in California suggests that citizens and politicians alike are more receptive to calls for change. We review basic research on deterrence and prices as well as emerging evidence on the potential empirical consequences of various alternatives to full prohibition, including depenalization, tolerated home cultivation, prescription regimes for cannabis and heroin, and retail sales of cannabis in Dutch coffee shops. The results are encouraging for advocates of these specific reforms, but the cases are inadequate for addressing the potentially more dramatic effects of full-scale commercial markets. The fundamental dilemma is that full legalization will probably reduce average harm per use but increase total consumption; the net effect of these two changes is difficult to project.
Research into the relationship between drug use and crime has generated a substantial body of literature. While these efforts have not established a causal link between the two behaviors, they do confirm a high correlation between drug use and many types of criminal behavior in a) the general population, b) populations of drug users, and c) arrested populations. The literature also shows that the drugs-crime relationship occurs within the framework of societal policies toward drug use that have ranged from regulated commercial approaches to strict prohibition. There is considerable debate about the strength and continuity of the relationship between drug use and crime. It is suggested that research focusing on the relationship would benefit from the application of theoretical models such as Ecosystems Theory and/or Social Capital. These models may help sort out the nature and complexity of the relationship as well as suggest more appropriate interventions. A review of programmatic approaches that have been used to break the drugs-crime relationship is presented that suggests the most successful approaches include a comprehensive range of services from assessment, implementation of services to meet assessed needs, and aftercare within the framework of graduated sanctions and comprehensive case management. In order to further examine the drugscrime relationship, it is suggested that future research should use an interdisciplinary approach to evaluate the differential impact of state policies as well as and examine the effectiveness of specific treatment program elements. Future Directions in Drugs and Crime 2 The Drugs-Crime Wars: Past, Present and Future Directions in Theory, Policy and Program Interventions
The use of drugs across the world is regulated at varying degrees, with some of them being criminalised and prohibited. Alongside punitive measures against users and suppliers, there have also been developed treatment programs with the aim of reducing drug-related harms. Thus, the regulatory sphere has been shaped by two philosophies: law enforcement and harm reduction policing. This paper will initially outline the nature of two different strategies and subsequently argue why the policing should adopt harm reduction principles to reach its goals.
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