Drug Watch International
DRUG WATCH WORLD NEWS
|
Vol. VIII; 2003 |
Number 2 |
Don’t Be On The Hook!
President, Educating Voices, Inc.
The Potential Medical Liability For Physicians Recommending Marijuana As A Medicine is the title of a White Paper released by Educating Voices, Inc. (EVI) at a Capitol Hill news conference in July 2003. The White Paper cites substantial case law supporting the potential liability facing physicians and their malpractice insurers. It also reveals, for the first time, the movement of some insurers to examine their policies and add exclusionary language disallowing coverage for any claim arising from the use or prescription of drugs that have not been approved for use by the FDA for use.
Donald Fager, vice president of Medical Liability Mutual Insurance Company, the largest medical malpractice carrier in the United States, explained in a Washington Times article (7-24-03) that companies writing medical malpractice insurance are carefully scrutinizing ways to limit their malpractice exposure. They exclude experimental drugs and those not commonly in use because “we are covering what is consistent with accepted standards of care. We don’t want to be on the hook for drugs that don’t have FDA approval,” Fager said. The Doctors Company and TIG Specialty Insurance are only two other insurance companies with similar policy exclusions.
Historically, physicians rely upon the Federal Food and Drug Administration’s (FDA) process for approving drugs to protect themselves from liability should a drug be unsafe. In a liability suit, a major “leap of faith” would be required of most jurors to accept a doctor’s recommendation of a non-FDA-approved drug.
Substantial case law exists supporting potential medical liability for physicians who recommend marijuana to patients. Physicians who recommend marijuana would find it extremely difficult to demonstrate that they had “rendered quality care” or met the “standard of care” that other reasonably prudent, similarly trained and experienced physicians would consider valid. This is because the necessary scientific research regarding marijuana and its effectiveness, risks, benefits, dosages, interactions with other drugs, and impact on pre-existing conditions is not available, and because there are no quality controls in the manufacturing process.
Courts across the country have looked to drug companies’ warnings and to the Physician’s Desk Reference manual for direction in negligence cases. There is no reference to marijuana as a medicine in the Physicians’ Desk Reference, and there are no drug manufacturer warnings to accompany marijuana. In the absence of an adequate warning accompanying the product, it could be ruled unreasonably dangerous.
A different kind of damage claim is raised by physician errors that increases the likelihood of “future harm” to the plaintiff. Clinical trials have shown that marijuana affects all phases of the reproductive process, has more carcinogens than tobacco, is an addictive substance and is often a gateway drug to the use of cocaine, heroin and other psychoactive substances. The latent period between the start of smoking marijuana and the development of cancer, respiratory, heart or circulatory conditions is fraught with “future harm” implications. These potential implications closely follow the claims made by so many against the tobacco industry.
Risks associated with a particular treatment are
perhaps the most important information a physician can give to a patient for
consideration. A key function of a physician is as a learned intermediary
between a drug manufacturer and the patient. This learned intermediary position
is not possible when a physician recommends marijuana because there is no drug
manufacturer, no FDA approval, no standard chemical composition (potency and
quality), no standard dosage, no safe delivery system, and no knowledge of
marijuana’s interaction with other drugs or its impact on pre-existing
conditions.
Several courts have held that a physician’s
relationship with the patient was sufficient to impose a duty to protect
unidentifiable, unknown third parties who are endangered by a patient.
Similarly, courts have held that doctors who fail to warn their patients about
the possible side effects of prescribed medicines can be held responsible if a
patient suffers an adverse reaction and injures someone in a traffic accident.
Smoking marijuana diminishes physical and mental abilities. A study conducted
by the U.S. Department of Transportation, National Highway Traffic Safety
Administration (NHTSA) concluded that smoking relatively low-moderate THC doses
impairs driving. Frequently, marijuana is used in combination with alcohol. The
NHTSA study found that the combination of alcohol (BAC 0.04) and a low-moderate
level of THC produced “very severe effects on driving performance.”
Whatever the liabilities that may inure to physicians
recommending marijuana, there is a very real question as to whether or not such
liabilities would be covered under standard medical malpractice or professional
liability insurance policies. Traditionally, such insurance policies provide a
defense for claims or lawsuits against its insureds (physicians) and indemnification for any
settlements or judgments within the policy limits. There is no guarantee that
these insurance policies will afford coverage for the recommendation of an
illegal, non-FDA approved drug such as marijuana.
The EVI White Paper can be accessed online at www.educatingvoices.org and hard
copies are available by emailing evi@educatingvoices.org
or telephoning 630 420-9493.
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INTERNATIONAL NEWS BRIEFS
Ø
Ø
Student athletes subject to random drug testing
were almost four times less likely to use drugs than their counterparts at a
similar school without a testing program.
(Journal of Adolescent Health, January 2003.)
Ø
Alcohol, tobacco, or illicit drugs appear
visually in 45 percent and verbally in 33 percent of music videos, according to
a study of videos aired on three
Ø
On
Ø
According to police reports, at least 70 percent
of all crimes in
Ø
A new study shows that crystal methamphetamine
use among men arrested in
Ø
Second-hand pot smoke is causing problems in
Ø
If you think hemp is not about smoking
marijuana, think again! Pure Hemp
cigarette paper has added a third format to its premium range of all natural,
100 percent hemp cigarette papers — 110 mm king size for rolling blunts (large
marijuana joints). Pure Hemp is
manufactured in
Ø
As the result of a 10-month-long international
Organized Crime Drug Enforcement Task Force investigation into cocaine,
marijuana, and methamphetamine trafficking, Attorney General John Ashcroft and
the DEA announced the indictment of Mexican drug lord Ismael Zambada-Garcia and
the arrests of over 240 individuals in the
Ø
About 25 percent of the teens in the
Ø
Recent research at
Ø
Naltrexone, an opiate treatment medication, is
used to help patients make the transition from illicit opiate use to a
drug-free life. The medication blocks
the euphoric effects they normally would feel if they slip and use heroin or
any other opiate. Naltrexone treatment
has been successful mainly with patients who are highly motivated to stop using
opiates. (NIDA Notes, Volume 17,
Number 6, April 2003.)
Ø
GW Pharmaceuticals, the British company that has
researched possible medical uses of individual components of the marijuana
plant, has signed a deal allowing Bayer AG to market one of its tinctures as a
treatment for severe neuropathic pain and multiple-sclerosis symptoms under the
Sativex ® brand. (
Ø
Twenty
Ø
Professor Robin Murray of the
Ø
Youth who consider religion an important part of
their lives are only half as likely to try marijuana as kids who don’t,
according to recent research. (National Youth Anti-Drug Media Campaign, July
8. 2003.)
Ø
The Bush administration has asked the U.S.
Supreme Court to let federal authorities sanction
Ø
The New Jersey Supreme Court upheld random
student drug testing in the case of Joye v. Hunterdon Central Board of
Education. (Argued
Ø
More than 2.4 million of the 5.6 million people
who abused illicit drugs in 2001 also abused alcohol. The more heavily someone abused alcohol, the
more likely he/she was to use illicit drugs.
In 2001, nearly two of every three American teenagers, ages 12 to 17,
who engaged in frequent drinking binges also abused drugs. In comparison, only 1 in 20 young people who
didn’t drink at all used drugs. (Nora
D. Volkow, M.D., Director National Institute on Drug Abuse, NIDA Notes, Vol.
18, No. 1, June 2003.)
Ø Children
exposed in the womb to cocaine may have memory and attention deficits that
hinder their ability to learn. They may
also have difficulties completing complex tasks or tests that involve
distractions, and they tend to perform poorly on visual recognition memory and
attention tasks. Prenatal exposure to
cocaine may cause long-term changes in an area of the brain responsible for
short-term memory. (Morrow, B.A., et
al. Behavioral Brain Research 129
(1-2):217-223, 2002; Morrow, B.S., et al, Neuropsychopharmacology 12(3):275-285,
2002.)
Ø Studies
have consistently documented high rates of psychiatric disorders among
adolescent substance abusers. Recent
research found that more male teenage substance abusers also had disruptive
disorders, whereas females had higher rates of depression. Girls were more likely to be diagnosed with
abuse or dependence on only one drug, while boys were more likely to be
diagnosed with simultaneous abuse or dependence on more than one drug. About 68 percent of the girls and 75 percent
of the boys were diagnosed with alcohol abuse or dependence, while about 85
percent of the girls and 93 percent of the boys were diagnosed with marijuana
use disorders. (Latimer, W.W., et
al. Experimental and Clinical
Psychopharmacology 10(3):310-315, 2002.
Robbins, M.S., et al. Journal of the
Ø Project
NHERO (
Ø National
reports say that American Indians have the highest rate among
Ø
A 1987 study of 50,000 Swedish Army conscripts found
that those who admitted at age 18 to having taken cannabis on more than 50
occasions were six times more likely to develop schizophrenia in the following
15 years. (Professor Robin Murray,
Ø The
number of deaths caused by toxic levels of the synthetic opiate methadone has
increased ten-fold since 1997. Methadone
deaths exceeded heroin deaths in
Ø According
to data from the National Household Survey on Drug Abuse, the earlier youths
begin using marijuana the more likely they are to use cocaine when they are
older. Sixty-two percent of persons who
reported first using marijuana before age 15 went on to use cocaine after age
26, compared to only 16 percent of those who began using marijuana at age 21 or
older. Similar results were found for
later use of heroin and psychotherapeutic drugs, i.e., pain relievers,
tranquilizers, stimulants, and sedatives.
(
Ø
Ø Beyond
the horrific human toll of 20,000 drug-induced deaths each year, illegal drugs
cost the
Ø
Ø A study
done on brain samples taken during autopsies of chronic cocaine users found
serious damage to the brain circuits responsible for sensing pleasure. (Stephen Kish, head of the human brain
laboratory, Center for Addiction and Mental Health, Toronto,
Ø Not only
are teenagers more likely to experiment with drugs than other groups, the
experience also has more profound effects on their brains, sometimes-permanent
ones. The changing circuitry of teenagers’
brains appears to leave the especially vulnerable to the effects of drugs and
alcohol. (Dr. R. Andrew Chambers,
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A Harmless
High? Hardly!
Pro drug advocates contend that marijuana is a harmless high. Perhaps they had better think again.
If marijuana is so harmless, why do more teens enter rehabilitation centers to treat cannabis addiction than to treat alcohol or all other illegal drugs combined?
If marijuana is so harmless, why are hospital emergency rooms seeing an alarming increase in admissions due to cannabis effects?
If marijuana is so harmless why did 35 percent of emergency room admissions at the Maryland Institute for Emergency Medical Services test positive for cannabis, and only 34 percent test positive for alcohol?
If marijuana is so harmless, why did Surgeon General Richard Carmona warn that cannabis has three to five times more tar and carbon monoxide than a comparable amount of tobacco. And why did he warn that marijuana affects the brain in ways similar to cocaine and heroin?
If marijuana is so harmless, why did 62 percent of persons who reported first using marijuana before age 15 went on to use cocaine and heroin after age 26?
If smoking marijuana is so harmless, why do studies show that workers who use cannabis have increased absences, tardiness, accidents, workman's compensation claims and job turnover?
And if marijuana is so harmless, why did the Louisiana Department of Public Safety report that cannabis use by a bus driver who drove his bus into an embankment, killing 22 of his passengers, was the main cause of the accident?
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"Indeed, drug consumption
levels are not as calamitous as the media would have us believe. What is calamitous is their social
effect. But an overstatement about this,
in addition to being false, tends to lead to desperation and inaction."
As in many countries, there is a growing movement in
Should we legalize theft because we cannot prevent the existence of thieves? Should we legalize murder because there have been murderers since mankind began? Wars against cancer, poverty, and illiteracy seem lost; should we stop the fight?
The idea that "everybody consumes drugs" is based on false and alarming impressions that are contradicted by facts. The notion is stimulated by media sensationalism and by the advocates of drug legalization, many times deliberately using false or misleading data.
According to the United Nation’s Drug World Report 2000, only 4.2 percent of the world population regularly uses an illicit drug, meaning that 95.8 percent do not regularly use illegal drugs.
What about
In 2001, the First National Household Survey about
Psychotropic Drugs Use was conducted in
of the interviewees declared that it was "very easy to obtain marijuana," and 45.8 percent declared the same for cocaine.
None of these data agrees with the alarming vision that "the battle is lost.” So why is there this perception? The phenomenon can perhaps be clarified by the 1999 survey "Speak, folks!" conducted in the city of Rio de Janeiro by researchers from the Oswaldo Cruz Institute Foundation, a respected research center in the medical and biological areas, with support from UNESCO. To the surprise of alarmists, the survey verified that 90.5 percent of the young people from the poorer classes and 82.3 percent of the young people from the more favored classes, had never used marijuana, while 96.4 percent and 95.4 percent, respectively, were the correspondent numbers for cocaine. And these were the illicit drugs most used by the surveyed young people!
The "Speak, folks!" survey interviewed the educators, of which 86.4 percent said the most consumed drug by young people was marijuana, and only 57.1 percent thought it was alcohol. The exact opposite was true, however. The survey verified that alcohol consumption by young people was much larger than marijuana consumption. While 37.6 percent of the teachers thought the drug most used by young people was cocaine, the survey found that cocaine consumption was negligible. These results show that even teachers are so contaminated with alarming paranoia that they can be completely mistaken concerning their own students.
Some defenders of drug legalization, faced with these irrefutable data, claim the data are underestimated. True, some people may have difficulty in admitting drug use; however, serious surveys, such as the ones quoted here, take these difficulties into consideration and use several stratagems to minimize error. In a careful survey, there is no underestimation that transforms a very small number into a very large one, as the alarmists want us to believe.
J. Jaber, physician and researcher, interviewed 824 people
during "Rock in Rio 2001." It
was a highly biased sample, as there was no shame or fear among the
participants of declaring drug consumption. To the contrary, stimulated by the
environment of “Rock in
The fight for a society free of narcotic dependence is not
lost. Perhaps the most palpable example for Brazilians has been the case of tobacco.
Education campaigns about the harms of tobacco use managed to significantly
decrease consumption in
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Marijuana
Smoking Public Health Hazard
In the Health Canada news
release announcing the provision of marijuana for medical purposes, Health
Minister Anne McLellan admits that the effectiveness of marijuana therapy is
unknown, but she fails to mention that adverse health effects of marijuana
smoke inhalation have already been demonstrated.
Marijuana smoke contains many of the same respiratory irritants and carcinogens
found in tobacco smoke -- many in higher concentrations.
Will marijuana smokers be warned of both the known harmful effects and the risk
of further harmful effects that continue to be found as research progresses?
Will Health
The Lung Association has seen all too many cases of lung disease caused by
tobacco and is working hard to reduce the carnage through denormalization of
tobacco use.
It is ironic that although McLellan claims to have taken this step for
compassionate reasons, she has begun the process of normalization of marijuana smoking,
which has an incredible potential for damage to the respiratory health of
Canadians.
For those who can only achieve pain relief from marijuana use, alternate
pharmacological preparations of cannabis, which do not inflict lung damage,
which have been duly proven to be safe and effective, and which are approved
for medical use by prescription, could be used instead.
The Lung Association regards marijuana smoking as a public health hazard.
Health
Dr. Brian Graham is president and CEO of the Lung Association of
Saskatchewan,
http://www.sk.lung.ca/content.cfm/contact
Brian.graham@sk.lung.ca
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Traffic, Violence, and Drug Users
In
Campaigns launched on television show a direct relationship between drug trafficking and violence and point out users themselves as being the funders of such evil. This non-equivocal statement clearly connects sellers and buyers.
A successful anti-drug campaign cannot be established that attempts to separate the user from the natural result of the chain reaction feeding such crimes as robberies, holdups, kidnappings, child abuse, prostitution — in short, all types of violence. Even if we admit that users have many and varied reasons for using drugs, these reasons cannot change the violence that drug users bring into our society.
Another relevant aspect is the dominance imposed by drug trafficking, suffocating the possibility of developing low-income communities, treating the communities as human shields, using mostly children. Those who follow the news learned that several community-aimed projects became almost ineffective because their implementation depended on the permission of drug traffickers and drug dealers and on the presence of a straw social worker whose services depended on corrupt politicians.
An honest national anti-drug policy must emphasize that drug use is itself a self-destructive behavior. Drug policy must never accept the fallacious phrase, “harm reduction,” which, in spite of statements to the contrary, divides and destroys people and society.
The State bears the duty of defending society against the
damage caused by drug use that clearly funds guerrillas worldwide, funds
peoples’ misfortunes, and destroys countries such as
We have seen the wars in Turkey and in the Middle East, the poppy crops used by terrorists to fund their international market, and the drugs ingested that provide the funds and motivation to explode buildings, bomb cars, and kill people in shops and fast-food restaurants.
All of the above have a single funder, the naive drug user. It is false naiveté, because no one seeks drugs except by personal choice; no one becomes dependent on drugs unless they use drugs. The user takes drugs in spite of the health consequences, psychological problems, legal consequences, and chemical dependence.
Law enforcement and prevention programs must act simultaneously. It will not suffice to remove only big traffic dealers from the scene. The cause and effect between drug use and violence is obvious. Indeed, in addition to continuing an effective law enforcement campaign against drug trafficking in order to break the chain between drug use and violence and liberate our low-income communities, we must emphasize demand reduction, as well.
The way out is not through legalization, but indeed through both law enforcement and education, showing the degradation caused by drugs and the virtues to be valued in our society: family, teaching, formal education, work — quite forgotten virtues nowadays.
Lastly, I send a warning to those who think themselves free
to choose to use drugs: Understand the
type of people who manufacture and intermediate drugs; learn who are the
cocaine manufacturers and dealers here and abroad. In
These are slaughterers, extorters, and agents of
corruption. Are we going to promote and
use such “unholy” people’s products? To
do so would promote the dependence and alienation levels resulting from drug
use. Drug trade and use undermines the
pillars of peace, which are truth, justice, freedom and solidarity.
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Chronos' Society
Greek mythology tells us a cruel story about the world's
origins: Chronos was the youngest son of Mother Earth, and he killed his
father, Uranus, in order to take his place. Afraid that his sons would do the
same to him, Chronos devoured each one after his birth.
A paradox thus was born: A father, supposed to take care of
his youngsters, killed them instead.
I have thought on many occasions about this myth and how it
sadly seems to represent our society. Why am I saying this? I believe that our
society, instead of protecting our youngsters, is devouring them just as
Chronos did. By keeping silent, society is an accomplice to the destruction of our
youth caused by drugs and alcohol.
We live in an anomic society: a society that lacks clear
distinction between good and evil, between what’s well done and poorly done,
between what is for the good of the community and what jeopardizes it. Our society begets crises because we have
lost the connection between generations.
No longer do the oldest introduce the youngest into society, teaching
them values and social norms, introducing them to the world. We are facing a desertion of roles in the
family and the community, and when there is a vacuum, it will most certainly be
filled, often by something evil.
We speak about family desertion because, as Argentinean
philosopher Jaime Barylko said, there seems to be a fear of parenthood. We
delegate our authority to others. Therefore, socialization is done, not by a
father, a mother, or an elder, but by the media.
It is strange, but if
we hear on the radio that a storm is approaching, we take the necessary
precautions. This is prevention. Yet, it seems difficult to take preventive
measures with our children. We seem to believe that the school, or the state
should take that responsibility.
However, prevention must start at home.
The critical responsibility of infusing values and ideals must not be
delegated.
We must act preventively, and, as parents, we must teach
healthy standards that will promote the development of our children. But should
we, as citizens, be content with only teaching our children? I believe that, as citizens, we must assume
another level of participation, as important as the role of the family.
The concept of citizenship includes rights and obligations
in relation to others. It implies transcending individual rights in order to
think collectively. It seems that many times we tell ourselves, "Nothing
will happen to me or my family," as if this were permission to ignore the
social problems that addictions cause.
Unfortunately, there is always a silent majority that does
not intervene, that does not enter into the debate, that prefers to keep quiet,
watching while others take the initiative.
Those of us who work in the addiction field know the
terrible effects caused by drugs to people and their families. Many times we
ask ourselves, during discussions on behalf of the legalization of certain
psychoactive substances, why the community doesn't intervene more
actively. This lack of participation is
used many times in debates as proof that the majority of the population is
either not interested in the issue or supports the use of drugs. But when we
ask parents if they would be OK with their kids using drugs, the answer is an
emphatic NO!
To live in a socially healthy society is a basic right,
where parents and children can grow in an environment that allows for the
integration, development, and full potential of each family and the community
as a whole.
As members of a free society, we cannot remain silent. We
must discuss, defend our principles, and participate. We must assume responsibility for our
families and for all of society.
The Chinese believe that crisis means danger but brings
opportunities as well. We face, therefore, an opportunity to reverse many of
the current trends. We can become useful in our community, transforming
ourselves into a link in a chain that will reach out to all society,
propagating healthy social and personal values.
Each individual must transmit his or her ideals, participate
in and engage others in the prevention of addictions, and gather to influence
agendas. If we don't, others will. And then, we will all have become “Chronos”
— or at least a silent partner in the destruction of our youth.
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While lots of attention is given to the prescribing, dispensing, and use of so-called “medical marihuana,” little is given to the production of the supply. This, I would suggest, is the primary reason that the pro-marihuana folks are so keen on having “medical” marihuana approved. Presumably, the government would license and approve private producers who, in turn, would supply the pharmacists or whoever is eventually authorized to dispense the drug. But the government would never have the inclination or resources to inspect each and every grower to see that he or she is not producing more than is being reported and selling off the surplus to the druggies. In the 1970s, Turkey attempted to "license" growers of opium in seven provinces. Each year the authorized growers would report to the government how much they produced and sold to the government monopoly that was responsible for conversion to morphine and export sales to pharmaceutical companies around the world. This became a joke, as each year the farmers would overproduce and sell off the surplus opium to the drug traffickers to be made into heroin for sale in Europe and the USA. Then, they would routinely report to the Turkish government that their crop was reduced because of pests or bad weather. In the end, they may have furnished 30 percent or 40 percent of their crops to the government for set prices and the rest ended up on the streets of Stuttgart, Rome, or Chicago as high-grade heroin. I don't suppose anyone in Canada today is thinking about the Turkish model, but as a cautionary tale it is one worth considering. There is little to suggest that such an enterprise as growing marihuana would attract a population of farmers likely to welcome strict controls or, for that matter, be much inclined to honor them.
If farmers cannot keep
kids from stealing an occasional watermelon or raiding their peach orchard, how
do we expect them to secure a marijuana patch?
It is almost impossible
for a government to stop all evil ways that dishonest people find to break
laws. Therefore, Message #1 must be,
Prevention, Prevention, Prevention — not only of drug use, but also prevention
at the supply side. How can this be
done? By governments being very strict
and not allowing the growing and producing of psychoactive drugs.
Mina
Seinfeld de Carakushansky
International
Center, A Division of Drug Watch International
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Drug Courts and Their Emerging Role
Drug and alcohol abuse is one of the most serious problems facing our youth. Seldom does a child who is not involved in the use of illicit substances enter the juvenile justice system. Alcohol and marijuana, which are as life threatening as other "hard” drugs, remain the most common illegal substances afflicting our children.
Typically, children who have entered the juvenile justice system are placed on probation. However, traditional probation with supervision and surveillance is insufficient. Parental intervention is insufficient because many parents fear appearing old fashioned or distrusting. Improper intervention and treatment can set the stage for a continuing life of crime, making the child a danger to himself and the community. The strong link between crime and drug addiction is irrefutable.
Courts looked for sentencing alternatives to the costly, time-consuming, and often-inappropriate revolving door approach in dealing with nonviolent substance-abusing offenders. It became apparent that, if treatment reduced drug use, it would also reduce criminal activity. Research proved that forced treatment was as effective, if not more effective, than voluntary treatment, and in the late 1980s, drug courts were developed.
In 1994, the National Association of Drug Court Professionals was established. The founding drug court judges numbered a mere 12, but by December 2001, there were more than 700 adult, juvenile, and family drug courts in the United States, in addition to 31 tribal drug courts in Native American communities.
Drug courts merge the treatment and criminal justice systems, creating a dynamic that at times turns therapists into enforcers and judges into therapists and social workers. When judges and therapists join with probation officers, public defenders, district attorneys, and administrators, the result is a collaboration intended to make it possible for offenders to eliminate their illicit drug use and their repeated criminal behavior. The drug court approach is extremely effective in helping both children and adults bring about positive change. Incredibly, positive changes begin to occur within the families of drug court participants, as well as in the participants.
Key characteristics of drug courts include a variety of approaches:
§ Integration of substance abuse treatment with justice system case processing
§ Use of a non-adversarial approach
§ Early identification and prompt placement of eligible participants
§ Access to a continuum of treatment, rehabilitation and related services
§ Frequent drug testing
§ A coordinated strategy between the judge, prosecution, defense attorney, and treatment provider
§ Ongoing judicial interaction
§ Monitoring and evaluation
§ Continuing interdisciplinary planning
§ Partnerships with public agencies and community-based organizations to generate local support
Experience has taught us that accountability through treatment can be effective in deterring crime and changing negative behaviors. This is not to say that drug offenses should never be punishable by incarceration, or that drugs should be legalized. Incarceration has its place, and breaking the law should be punishable by incarceration when appropriate. However, incarceration doesn't cure drug addiction; it merely takes the drug addict off the streets. For some that's enough; for others it merely prolongs the need for treatment, squanders resources, and has little effect on recidivism. Incarceration does not solve the problem. Incarceration with treatment, or treatment as an alternative to incarceration through a drug court model, is more promising in changing drug-offending behavior.
Drug courts are an effective and cost efficient way to motivate non-violent drug offenders to follow a rigorous drug treatment program in lieu of prison. By leveraging the coercive power of the criminal justice system with escalating sanctions, drug courts can alter behavior through a combination of judicial supervision, case management, mandatory drug testing, and treatment to ensure abstinence from drugs.
Drug courts may not be a silver bullet in eliminating drug addiction, but they hold great promise
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Drug Use: An Issue Against Human Rights
Some groups that falsely claim to promote a "drug
reduction" strategy say that 2003 started with a strong debate and a
renewed global effort in defense of a citizen’s right to use psychoactive and
addictive drugs. They state that the subject must be discussed from a rigorous
scientific and human rights viewpoint, stating that the State cannot put
obstacles in the way of citizens’ self-determination of what they want to put
in their bodies.
Relative to the defense of human rights and analyzing the
problem from a judicial and legal perspective, it is important to mention the
"Universal Declaration of Human Rights", adopted by Resolution 217
-A- (III) of the United Nations General Assembly on
In addition, the American Convention on Human Rights (San
Jose de Costa Rica Pact, 1969, Article 32.2) states that, in a democratic
society, an individual’s rights are limited by the rights of others, the safety
of everyone, and the common well-being.
Drug abuse is a problem that goes beyond the sphere of human
private actions because it affects not only the addict but also the entire
community. With reference to health, there is evidence that the drug addict is
susceptible to HIV infection, not only by sharing syringes for intravenous
injections, but also, because drugs affect the sense of risk, and the addict
often fails to take even minimal preventive measures in sexual relations.
In addition, most intravenous drug addicts, even if they
participate in programs providing syringes, are infected with hepatitis C
virus, which is disseminated very rapidly. The HIV virus and the hepatitis B
and C viruses are transmitted through blood and blood products. This has
created very serious public health problems regarding blood transfusions and
organ transplants, especially in low-income countries where systematic control
of blood and organs is not carried out. This situation affects the likelihood
of survival for many people.
A society that functions normally requires that its citizens
focus not only on individual rights but also focus on and comply with
obligations necessary for common well-being. The security of the social system
can function correctly only if the active working class is larger than the
passive or system-dependent class.
Many drug addicts cannot lead a productive life and must be
assisted by social and health services, to which they do not contribute, thus
increasing the burden for the rest of the population. This situation is
contributing to the bankruptcy of the social systems based on solidarity.
Therefore, the argument justifying drug abuse as the full exercise of human rights and self-determination is a fallacy. To the contrary, drug addiction is a genuine violation of human rights. It affects the equal and inalienable rights of all the members of the human family and creates a risk for everyone’s security as well as for freedom, justice, and peace in the world.
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It is well known that artists and intellectuals are one of the richest drug consuming markets and don’t want to lose their suppliers: when they defend the decriminalization of drugs, they do so for their own sake. But they are not just consumers: they are propagandists. Those who have some memory may recall that in this country [Brazil], the drug fashion of the sixties did not begin with the humbler classes, but in universities, in theater casts, in the psychologists’ circles, surrounded by the prestige of “elegant and enlightening” addiction. It was thanks to that artificial glorification undertaken by the intelligentsia that drug consumption stopped being a habit restricted to small circles of criminals and spread as a cancer to all society.
Is it surprising that, under those conditions, banditry grew as it did? It is frightening that, while the population massively clamors for intervention of authority and now applauds the intervention of police in the hills, intellectuals try to deprecate the performance of policemen and only worry about safeguarding civil rights of eventual suspects subject to arrest …
It is impossible to fight drug traffic in Latin America, and especially in Brazil, without taking into account the protection that FARC, today the main cocaine vendor in the continent, receives from the Sao Paulo Forum and of an entire network of powerful organizations that, in my country, dominate politics, culture, and the media.
The enemy is vastly larger
and more powerful than a lot of well-intentioned people suppose. For all those factors, I appeal to you to
take the words of United States President George W. Bush seriously, as he said
on February 12, 2002: “When we fight drugs, we fight the war on terror.”
Brazilian writer and
philosopher
Taken from his
presentation, “Drug Traffic And Public Policy In Brazil”
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Smoking Pot For Health Reasons...? I Don't
Think So...!
QUOTES FROM THE DRUG CULUTURE:
"We'll be using the issue [smoking marijuana for
medical purposes] as a red herring to give marijuana a good name."
"Key to legalization is medical access [to
marijuana] because once you have hundreds of thousands of people using
marijuana medically under medical supervision, the whole scam will be
blown. Once there is medical access and
we continue to do what we have to...and we will, we'll get full
legalization..."
The first quote is credited to a NORML executive in
1979! A senior member of a
pro-legalization organization made the second in 1995.
Throughout the marijuana legalization journey, the message
has been the same: “Legalize marijuana based upon science, compassion for the
sick and dying, health, and human rights.”
The message is pure fabrication, concocted by legalizers to wrap harmful
and addictive drugs with a cloak of acceptability. Neither the US Congress nor the federal courts
bought their rhetoric. Legalizers then
took their cause to state legislatures, claiming it to be a "states
rights" issue.
Unfortunately, ten states bought into the legalizers’
propaganda and allow physicians to recommend smoking marijuana cigarettes
(prescribing marijuana remains illegal) for "medical"
purposes. They did so by very clever,
well-financed media campaigns stressing "compassion for the sick and
dying." This, notwithstanding the
fact that marijuana has not been shown to be a safe or effective treatment for
anything, has not been endorsed by any legitimate medical organization, and
there are pharmaceuticals on the market that effectively treat precisely what
legalizers claim smoking marijuana treats. Marijuana as “medicine” is a scam
and deliberately designed to be an incremental step toward full
legalization.
When the drug legalizers came to my state, we were
ill-prepared to counter their drive.
Legislators expect lobbyists to be forthright and honest in their
efforts to influence votes. Legalizers
will come to your state with vast sums of money. They will open an office and hire staff,
public relations experts, and local high-profile Democrat, Republican, and
Libertarian lobbyists.
They will wage slick media campaigns. They will conduct "polls" with
questions like, "Do you believe the sick and dying should have access to
the full array of drugs to ease their pain and suffering?" Most will answer, "Yes." Based on bogus polling, legalizers will
contact legislators and argue that 80 percent of those polled support
"medical" marijuana. They will
bring in "experts" from pro-drug organizations to hold press
conferences and invade your state capitol to lobby their cause. Legalizers are well financed, articulate,
persistent, focused, coordinated, and organized. But, they can be defeated as was shown in
We can prevent the further spread of "medical"
marijuana cigarettes. It will take work,
time, and effort on our part. If the
legalizers have not yet come to your state, they soon will. Now is the time to get organized and raise
funds. Identify your state legislators.
Get to know them. Educate
them. Arrange a lunch or breakfast with
a legislator and several of his/her constituents. Ten well-informed voters are far more
effective than ten “experts” flown in from elsewhere.
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Study Examines Impact On Tracheobronchial Health Of Habitual Smokers Of Crack Cocaine, Marijuana and/or
Tobacco
The purpose of this study was to determine the effects of
smoking cocaine, marijuana, and tobacco — either alone or in combination — on
the trachea, larynx and bronchial tube lining. A secondary purpose was to
determine whether the effects of smoking two or more of these substances at the
same time were additive. The study group included 241 smokers and non-smokers
from the
Comment: The authors note that "despite the growing evidence that smoking is hazardous to health" the practice of smoking, whether of tobacco, marijuana, and/or cocaine, "continues to attract new users." The smoking status of the participants in the study was based on self-reporting, which suggests using caution in interpreting the results. However, the researchers were quite careful in analyzing the data from the study, which indicated that the negative effects, using various combinations of marijuana, cocaine, and tobacco, is additive, increasing the risk for long-term lung complications. The results of this study further indicate that smoking would be a very poor vehicle for delivery of any medicinal substance.
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Marijuana — The Biggest Area Of Ignorance
The big