Drug Policy

Interdisciplinary Analysis of the Prescription Narcotic Epidemic

by Laura Tanksley

Exploring retail-level drug distribution: Social supply, “real” dealers and the user/dealer interface

by Gary Potter

Potter, G (2009) “Exploring retail-level drug distribution: Social supply, “real” dealers and the user/dealer interface” in Zsolt Demetrovics, Jane Fountain and Ludwig Kraus (eds.) Old and New Policies, Theories, Research Methods and Drug Users across Europe Pabst: Lengerich.

This chapter explores retail level or end-use drug distribution. The chapter reviews literature describing different... more This chapter explores retail level or end-use drug distribution. The chapter reviews literature describing different patterns of drug distribution at the point of  overlap between ‘supply’ and ‘demand’ sides of the market. Recent literature has seen the emergence of the concept of social supply and attempts to distinguish between ‘real’ and ‘not real’ dealers. This literature is examined alongside more established studies producing typologies of lower-level distribution and the concept of the user-dealer. There seems to be a trend in the literature that tries to differentiate between real dealers and people who supply drugs socially. Some commentators have argued for legal frameworks to reflect these different approaches to drug distribution. This chapter explores the characteristics of these patterns of distribution. It is argued that the structures of drug markets are
shaped by the drugs dealt within them, the characteristics of the customers (users) served by them, and the (cultural) context in which the markets exist. It is also argued that whilst there is much value in distinguishing different approaches to retail-level distribution, the current frameworks are not rigid enough to
provide for legal distinctions, and may need refining if they are to remain useful for scientific analysis. Mostly, however, the chapter raises questions – and proposes future research – rather than provides answers.

Researching cannabis markets online: some lessons from the virtual field

by Gary Potter

Potter, G. and Chatwin, C. (2011) “Researching cannabis markets online: some lessons from the virtual field” in Jane Fountain, Vibeke Asmussen and Dirk Korf (eds.) Messages, Markets and Methods: European perspectives on drugs. Pabst: Lengerich.

The use of internet research methods, particularly online surveys, is increasingly common in the field of drug... more The use of internet research methods, particularly online surveys, is increasingly common in the field of drug research. This reflects the recognized strengths of online methodologies in enabling research into hidden or otherwise hard-to-reach populations. Nevertheless, there are still some concerns with such methodological approaches, some of which this chapter attempts to address.

We report on the process of recruiting respondents to an online survey investigating cannabis purchasing patterns, with a particular focus on the tactics employed to improve both the size of the final sample and the quality of data collected. A strategy of recruiting respondents through email, Facebook and online discussion forums was adopted. Not only did this provide access to a broad range of potential respondents, it also allowed a reflexive element to develop within the research and provided a body of qualitative data alongside the quantitative data generated by the actual survey.

Here we report on some of the issues raised and lessons learnt from using computer mediated communication (CMC) in this way, and offer some advice on how to improve response levels and, hence (hopefully) improve sample representativeness in similar online research situations.

Key words: cannabis, cannabis markets, drug dealing, hidden populations, online methods, internet research, message boards, recruitment, sampling

Emerging Trends in Cannabis Cultivation – and the Way Forward

by Gary Potter

Bouchard, M., Potter, G. and Decorte, T. (2011) “Emerging Trends in Cannabis Cultivation – and the Way Forward” in Tom Decorte, Gary Potter and Martin Bouchard (eds.) World Wide Weed: global trends in cannabis cultivation and its control. Ashgate: Aldershot.

As demonstrated in a recent volume on this very issue, discussion over possible change in cannabis policy is happening... more As demonstrated in a recent volume on this very issue, discussion over possible change in cannabis policy is happening across the world (Room et al. 2010). Over the past decades, several countries have seen changes to the traditional approaches of criminal prohibition of cannabis use. In the Netherlands and several US states, less punitive cannabis use control regimes were implemented in the late 1970s. More recently, reforms have been implemented or proposed in an increasing number of countries in the European Union, Oceania and the Americas. In February 2009, a Latin American Commission on Drugs and Democracy, co-chaired by former presidents of Brazil, Mexico and Colombia, called for an examination of the decriminalization of possession of cannabis for personal use. Mexico, Argentina, Brazil and Ecuador are expected to take new decriminalizing steps (Jenkins 2009). Most of these reforms seem to be occurring within the bounds set by the international drug control treaties, but several authors have also discussed measures which would in one way or another move beyond the limits of the current international drug control regime (see Room et al. 2010 for a comprehensive review).
However, the global prohibitionist regime is probably not at immediate risk, and there are also some steps in the opposite direction. For example, Møller (2009) recently showed how the Danish government cracked down on the Christiania cannabis market in Copenhagen after years under a regime of relative tolerance. In 2009 the British government increased the severity of penalties available for cannabis possession, reversing an easing of penalties that occurred in 2004. Room et al. (2010) describe the heterogeneity and complexity of the alternative cannabis control regimes that have evolved in different countries in recent years, ranging from “depenalization” (i.e. prohibition with cautioning or diversion), “decriminalization” (prohibition with civil penalties) to “de facto legalization” (e.g. prohibition with an expediency principle) or “de jure legalization”, and the differences in how they might be enforced locally or regionally. But while a number of countries have implemented reform measures aimed at controlling the use of cannabis, fewer have addressed the issue of cannabis supply activities.

The Globalization of Cannabis Cultivation

by Gary Potter

Potter, G., Bouchard, M. and Decorte, T. (2011) “The Globalization of Cannabis Cultivation” in Tom Decorte, Gary Potter and Martin Bouchard (eds.) World Wide Weed: global trends in cannabis cultivation and its control. Ashgate: Aldershot.

As we start the second decade of the 21st century, the new cannabis industry continues to fascinate both casual and... more As we start the second decade of the 21st century, the new cannabis industry continues to fascinate both casual and meticulous observers of the drug scene. At least two characteristics make this fundamental change in cannabis markets particularly interesting from an empirical point of view. Firstly, the trend is drug specific. For the majority of its history, the cultivation of cannabis did not stand out, at least compared to the cultivation of other illegal plants. Cannabis plantations, like coca bush or opium poppy plantations, were typically large in size, grown by local farmers in a handful of developing (producing) countries, processed and then exported to industrial (consuming) nations. While cocaine and heroin are still produced in a handful of developing countries, cannabis is now cultivated the world over. This brings us to the second point: cannabis cultivation is increasingly universal. From Europe to the Americas and Oceania, import substitution in the cannabis market has been noticed in almost every developed country around the world, with a notable aversion for discrimination.
This book has emerged within the context of this remarkable phenomenon. In it, we have brought together scholars from around the world who are each involved in original research on cannabis cultivation from a variety of angles. The stories told are as captivating as they are important to the field, covering both the macro (e.g. national trends in cultivation and distribution) and the micro (e.g. the methods and motivations of individual cultivators) patterns, the developed and the developing world, and societal responses to growing and the counter-responses of growers. Researchers working in Australia, Belgium, the Caribbean, Canada, Denmark, Finland, Morocco, the Netherlands, New Zealand, Spain, the United Kingdom and the United States are represented, each locating their studies within their country’s particular social and political context. This geographical spread of research reflects the spread and diversity of cannabis cultivation worldwide, hence the title World Wide Weed. It should be emphasized early on that this book was not meant to be a comparative analysis of the cultivation industry in those countries. Instead, each author was asked to provide an empirical analysis on cannabis cultivation reflecting their own research interests and expertise, the objective being to provide an original contribution to the existing body of knowledge in the field. Before we introduce each of those chapters and how they fit within the broader context of the book, we provide a brief review of what is already known on cannabis cultivation and its modern history.

Keeping down the weeds: cannabis eradication in the developed world

by Gary Potter

Potter, G. (2011) “Keeping down the weeds: cannabis eradication in the developed world” in Tom Decorte, Gary Potter and Martin Bouchard (eds.) World Wide Weed: global trends in cannabis cultivation and its control. Ashgate: Aldershot.

The aim of this chapter is to consider the challenges to the eradication of cannabis cultivation around the world. We... more The aim of this chapter is to consider the challenges to the eradication of cannabis cultivation around the world. We pay particular attention to the challenges posed by indoor cultivation in the developed world, drawing on the situation in the UK as a case-study. We start (section two) with a brief consideration of the literature on cannabis cultivation around the world, focusing on the problems associated with the policing of cultivation. Section three draws on ongoing empirical research to explore cannabis cultivation in the UK. In both the literature and the empirical research we find that certain aspects inherent to the nature of cannabis cultivation make detection and eradication problematic. These difficulties are exacerbated by the various “adaptive responses” employed by cannabis growers to avoid or minimize the impact of law enforcement efforts (Farrell 1998). Section four considers these findings to illustrate the difficulties inherent in cannabis eradication efforts, whether in the developing or developed world, arguing that the difficulties involved in cannabis eradication are inherent in the act of cultivation, not the geographical or socio-economic context in which it occurs. The conclusion (section five) considers the implications of this analysis – the essence being that cannabis eradication efforts, especially if measured in absolute terms (i.e. against the stated goal of elimination of all illegal cultivation), are unlikely to ever be anything more than moderately successful.

Drugs, Courts, and the New Penology

by Eric Miller

Published in Stanford Law & Policy Review, Vol. 20, No. 2, 2009

The drug court innovation has had a major impact upon low-level judicial attitudes to drug crime. The drug court’s... more The drug court innovation has had a major impact upon low-level judicial attitudes to drug crime. The drug court’s success is primarily achieved through suppressing the larger political debates surrounding drug policy through the therapeutic emphasis on a politics of personal responsibility. Bipartisan agreement has, however, come at the cost of precluding a discussion of the relation of drug crime to race and class in the urban setting, and ignoring the manner in which the state has exacerbated the problems of drug addiction for those caught in the criminal justice system. Perhaps courts are the wrong place for such policy discussions. Nonetheless, they remain essential to addressing the social causes of drug use in the inner cities. As an alternative, I have suggested reformulating the grand jury to take over some of the duties of the drug court judge. My goal is to generate empowered deliberative democracy at the local level, and mitigate some of the effects of the drug court’s therapeutic use of discipline, while including more partners in the discussion of urban drug policy. Few people have recognized that the drug court’s therapeutic methodology is not a repudiation of politics but one that takes sides by embracing a coercive vision of justice based on a version of positive liberty. In particular, the court’s rejection of due process in favor of treatment expresses the now-classic opposition between positive and negative liberty; that is, the freedom to be left alone and the freedom to “determine someone to be...this rather than that.” Most critics who oppose the drug court’s methodology simply call for a return to a courtroom practice centered around due process protections as a form of negative liberty to protect vulnerable defendants against intrusive state power. I suggest a third concept of freedom, one that emphasizes a mutual respect for members of the community as peers sharing diverse values. That form of freedom can only emerge through non-coercive interaction in the public sphere through low-level political organizations. Accordingly, as an alternative to the current structure of drug courts, I propose both a more radical and a more natural structure for court-based drug rehabilitation: a grand jury model rather than a judicial one. Adopting the grand jury structure replaces the hierarchical relation between judge, on the one hand, and community and offender, on the other, with a horizontal relationship between community, offender, and law enforcement. The grand jury model envisages a reciprocal relationship between the community, addicts, and service providers, in which those serving on these drug-dedicated grand juries would be educated about the range of problems faced by and resources available to the drug-addicted and would, in turn, educate service providers and law enforcement officials about community needs. Properly constituted, the grand jury may both supervise addicts within a rehabilitation program and redirect others out of the system or onto a more traditional form of court disposition.

Debating Decriminalization in Argentina: Past, Present, Future

by Shana Harris

Posted on Points: The Blog of the Alcohol and Drugs History Society (2012)

Road to Reform: An Introduction to Decriminalization in Latin America

by Shana Harris

Posted on Points: The Blog of the Alcohol and Drugs History Society (2012)

From collective drug treatment to individual responsibility: understanding the uncomfortable relationship between neo liberal social policy and the contemporary U.K drug strategy.

by Darren Hill

How a devolved Scotland inteprets UK national drugs policy

by iain mcphee

This chapter examines empirical data on contraventions of the Misuse of Drugs Act 1971. In particular we examine why... more This chapter examines empirical data on contraventions of the Misuse of Drugs Act 1971. In particular we examine why Scotland prosecutes twice as many people for drug dealing than England and Wales. We explore cultural, procedural and political differences in Scotland that may help explain the differences in the number of prosecutions for dealing. Firstly we examine the addiction concept which is underpinned by several cultural beliefs which can be traced to temperance ideology; we then address procedural changes in Scottish policing, and finally examine the impact of Scotland’s political decision to increase its commitment to prohibition by deciding to emulate the USA Drugs Enforcement Administration.

Response to Consultation from European Medicines Agency: Good Pharmacovigilance Practice Module V – Risk management systems' (EMA/838713/2011)

by Theo Raynor

This consultation on Risk Management Systems is part of a wider consultation on Good Pharmacovigilance Practice. more This consultation on Risk Management Systems is part of a wider consultation on Good Pharmacovigilance Practice.

I focus my comments on risk minimisation materials and their need to be accessible, readable and understandable for the target readers (whether patients or professionals)

The evolution of EU action in drug supply reduction: From intergovernmental cooperation to transnational networks

by Adam Standring

Working Paper

This paper describes the evolution of illicit drug supply reduction policy as part of the European Union’s (EU) policy... more This paper describes the evolution of illicit drug supply reduction policy as part of the European Union’s (EU) policy agenda in order to better understand how the EU adapts to domestic constraints. It serves as an introduction to a larger research project on the Europeanization of Drug Policies and is the result of an analysis of EU action in this policy area. The analysis of the policy documents produced by the EU, particularly successive Drug Strategies and Action Plans, and the evolving roles of EU agencies in this field provide a clearer picture of how the EU attempts to impact domestic drugs policy. In short, these attempts move from facilitating informal networks of law enforcement officers, which often resulted in Member-states resisting cooperation efforts, to creating Europe-wide networks of researchers producing information and intelligence, with which to better inform policy debates.

“An ever closer union…” – towards the “soft” convergence of European drug policies

by Adam Standring

published in Drugs & Alcohol Today

Purpose – A response to Chatwin's article (2010), which argues that European harmonisation of illicit... more

Purpose – A response to Chatwin's article (2010), which argues that European harmonisation of illicit drug policies remains far from realisation, this paper seeks to recommend developing a more specific conceptualisation of European integration in the area of illicit drugs and argues that harmonisation was not a realistic aim of the European Union (EU).

Design/methodology/approach – This is a review paper which seeks to advocate the application of a more rigid analytical framework in drug policy analysis that takes into account the “soft” methods of governance used by the EU. The paper also uses secondary data sources to emphasise the argument.

Findings – Domestic convergence has been observed across a number of policy areas.

Research limitations/implications – The nature and level of convergence remains contested and more data are needed to clarify any trends. Future research would be necessary to demonstrate that convergence occurs as a result of EU action rather than other factors.

Originality/value – There remains little in the way of research on the processes of European integration and their specific impact on drug policy at the European and domestic level. This paper will be of value to scholars in the field of European integration who are seeking to expand their research into a new policy sector, as well as researchers in the drug field who are looking for a more formal analytical framework.

A definition of 'drug mule' for use in the European context

by Adam Standring

Published by the European Monitoring Centre for Drugs and Drug Addiction

The trafficking of drugs and, in particular, the use of human carriers (often called ‘drug mules’) remains a... more The trafficking of drugs and, in particular, the use of human carriers (often called ‘drug mules’) remains a relatively hidden phenomenon, on which limited information is available. This latest EMCDDA Thematic paper explores whether a common definition of ‘drug mules’ can be developed in the European context and assesses the implications of this for data gathering and future research. The paper has its roots in a questionnaire launched by the EMCDDA in 2010 to test a proposed conceptual framework of drug couriers. Taking part in the survey were experienced professionals, academics and practitioners from a variety of countries, legal traditions and law-enforcement practices. Drug mules are reported to be transporting all of the major illicit drug types through Europe and making full use of all European transport routes. This paper draws a number of conclusions and recommendations for further investigation into drug markets and related responses.

Silk Road: eBay for Drugs

by Monica Barratt

Letter to the editor, published in Addiction

Biometrics in Pharma: Politics and Privacy

by Sidney Shapiro

Co-authored with Daniel Shapiro, presented at the Canadian Association for American Studies Conference (CAAS), Windsor, Ontario, Canada, October 15-17, 2010.

The Drug Enforcement Agency (DEA) has announced the implementation of the use of both computerized and biometric... more The Drug Enforcement Agency (DEA) has announced the implementation of the use of both computerized and biometric security protocols in the electronic prescription of controlled substances. Electronic prescriptions which were up until this point not allowed to be prescribed by electronic means will now be easier for physicians and the DEA to monitor and prescribe.

This paper will examine the various practical, political, and privacy issues as well as the potential benefits of the use of biometric information for the prescription of narcotics and other controlled substances. The proposed changes will build in non-repudiation and improve accountability, while introducing problems such as delegation, privacy, cost, and information security. Another consequence of strong biometric authentication is false acceptance and false rejection rates. Not only are there annoyances due to false reject rates, there are serious medical consequences when a drug cannot be obtained due to failed biometric authentication.

Drug Control, Human Rights, and the Right to the Highest Attainable Standard of Health: A Reply to Saul Takahashi

by Simon Flacks

Abolition of the Death Penalty for Drug Trafficking in The Gambia

by Andrew Novak

Will be published in the Commonwealth Law Bulletin, March 2012 (proofs only; not for citation)

The Gambia, the smallest mainland country in Africa, is increasingly a transit point for illicit drug traffic between... more The Gambia, the smallest mainland country in Africa, is increasingly a transit point for illicit drug traffic between Latin America and Europe. As part of President Yayeh Jammeh's attempts to crack down on the drug trade, in October 2010, the Gambian legislature passed a mandatory sentence of death for persons possessing more than 250 grams of cocaine or heroin. The law was not constitutionally operable, however, because of Article 18(2) of the Gambian constitution, which forbids the death penalty for crimes other than aggravated or premeditated murder. Consequently, the death penalty for drug trafficking was abolished in April 2011.

An Assessment of the Multijurisdictional Drug Task Forces in Texas: A Case Study

by Texas State PA Applied Research Projects

Cárdenas, Gabriel G., "An Assessment of the Multijurisdictional Drug Task Forces in Texas: A Case Study" (2002). Applied Research Projects, Texas State University-San Marcos. Paper 51.
http://ecommons.txstate.edu/arp/51

For many years numerous public policy efforts have been initiated at the national and state level to combat drugs and... more For many years numerous public policy efforts have been initiated at the national and state level to combat drugs and crime. Among these efforts has been the formation of multijurisdictional drug task forces. In Texas, these task forces have been very active in fighting crime. In recent years, however, these task forces in Texas have been under heavy criticism and scrutiny for their questionable operations.

In 1998, in an effort to combat the drug problem in the U.S., Congress passed legislation in the form of the Anti-Drug Abuse Act. The legislation authorized the Bureau of Justice Assistance (BJA)—which is under the U.S. Department of Justice (DOJ)—to administer the Edward Byrne Memorial State Grants. This grant is available for programs in the various states to combat problems associated with crime, drug addiction, and drug trafficking. The multijurisdictional drug task force programs are funded under this grant

The purpose of this research project is to examine and assess the performance of the multijurisdictional drug task forces in Texas. The objectives of the study are (1) the development of a model that describes the ideal characteristics of the operational structure and policies and procedures of the multijurisdictional drug task forces; (2) the assessment and comparison of the operational structure, policies and procedures, and organizational culture of the multijurisdictional drug task forces in Texas to this model; and (3) the development of public policy implications and recommendations for the multijurisdictional drug task forces in Texas. This project also provides a general description, perspectives on management practices, organizational culture, and oversight and command and control of the multijurisdictional drug task forces in Texas.

The purpose of this study is to observe how close the multijurisdictional drug task forces in Texas are to the practical ideal type developed through information provided in the literature review. The research design for this study consists of a case study technique. The study consisted of a survey instrument developed to collect data and information on the multijurisdictional drug task forces. The survey instrument consisted of questionnaire that was developed and applied to a sample of 49 multijurisdictional drug task forces in Texas. Among the research techniques utilized in the research was content analysis. Because of the low response rate of the survey questionnaires, statistical testing was not feasible.

Multijurisdictional drug task forces in the sample were compared to the practical ideal type. Although the data was limited it did provide some useful insights into the nature of these task forces in Texas. In the analysis of the policies and procedures, the task forces in terms of management and asset forfeitures usually supported the practical ideal type. Nevertheless, the content analysis showed that there was weak support for the ideal type in terms of some issues associated with management, oversight and command and control and other elements.

The findings in the study were inconclusive because of the small sample size. However, the research project did provide a better understanding of the workings of multijurisdictional drug task forces in Texas. In spite of the limitations of the study, the preliminary findings did provide information to develop recommendations on the subject matter. The preliminary findings of the pilot study found that as a whole the drug task forces in Texas do support the ideal type. There are, however, some elements that either weakly supports, or fails to support the ideal type.