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Article
Publication date: 21 May 2010

Casey Hardison

After discovering that the Advisory Council on the Misuse of Drugs, in their 38 years of public service, had not sought, nor been provided, independent legal advice…

Abstract

After discovering that the Advisory Council on the Misuse of Drugs, in their 38 years of public service, had not sought, nor been provided, independent legal advice regarding the breadth and scope of their statutory remit under the Misuse of Drugs Act 1971 (HM Government, 1971), Casey Hardison wrote the following letter to the Council chair addressing this failure.

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Drugs and Alcohol Today, vol. 10 no. 2
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 1 November 2007

Leonard Jason‐Lloyd

Ironically, one of the biggest legal hazards under misuse of drugs legislation is one of the least well‐known. Offences such as unlawful production and supply of drugs are…

Abstract

Ironically, one of the biggest legal hazards under misuse of drugs legislation is one of the least well‐known. Offences such as unlawful production and supply of drugs are well‐established in the public domain, but the occurrence of these crimes, among others, can constitute a separate offence when committed in premises. The specific offence in question is section 8 of the Misuse of Drugs Act 1971, which is designed to compel persons who are the occupiers of premises, or otherwise concerned in their management, to self‐police such places against certain drug activities. This article will examine the main provisions of section 8 and then argue that it is in need of reform in order to bring it more effectively into the 21st century.

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Housing, Care and Support, vol. 10 no. 2
Type: Research Article
ISSN: 1460-8790

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Article
Publication date: 1 December 2007

Abstract

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Drugs and Alcohol Today, vol. 7 no. 4
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 7 September 2012

Iain McPhee, Colin R. Martin and Anthony Sneider

This paper aims to critically explore the consequences of how Scotland interprets the UK Misuse of Drugs Act (1971). Scotland prosecutes 24 per cent of people found in…

Abstract

Purpose

This paper aims to critically explore the consequences of how Scotland interprets the UK Misuse of Drugs Act (1971). Scotland prosecutes 24 per cent of people found in possession of illegal drugs for drug “dealing” compared to less than 15 per cent in England and Wales and less than 16 per cent in Northern Ireland.

Design/methodology/approach

The paper provides a narrative review in the context of the background of the economic and social costs of illegal drugs in Scotland and compares this with the UK and Northern Ireland.

Findings

The explanation for such a wide disparity in numbers of dealers between these countries proposed is that the Scottish Police force is comparatively more successful at persuading courts that small quantities of drugs rather than for personal use are in fact for onward sale or supply to others.

Practical implications

The police in Scotland have a network of specialist drug units in which officers make decisions in the absence of benchmarks against which to judge quantities of repossessed drugs. Taking this approach, a devolved Scotland's commitment to drug prohibition has resulted in some very curious differences in classifications of prosecutions compared to other countries.

Originality/value

The paper explores the consequences of how Scotland deals with the use of illegal drugs and the economic and social costs.

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Drugs and Alcohol Today, vol. 12 no. 3
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 1 June 2008

Casey Hardison

This is the second part of a three‐part series in which Casey Hardison investigates current UK drug policy and calls for a paradigm shift.

Abstract

This is the second part of a three‐part series in which Casey Hardison investigates current UK drug policy and calls for a paradigm shift.

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Drugs and Alcohol Today, vol. 8 no. 2
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 12 March 2010

Fiona Measham, Karenza Moore, Russell Newcombe and Zoë Zoë (née Smith)

Significant changes in British recreational drug use were seen throughout 2009, with the emergence and rapid growth in the availability and use of substituted cathinones…

Abstract

Significant changes in British recreational drug use were seen throughout 2009, with the emergence and rapid growth in the availability and use of substituted cathinones or ‘M‐Cats’ (most notably mephedrone and methylone), a group of psychoactive drugs not currently controlled under the Misuse of Drugs Act 1971 (HM Government, 1971), with similar effects to ecstasy, cocaine and amphetamines. The reasons for the appearance and appeal of this group of so‐called ‘legal highs’ are explored here in relation to availability, purity, legality and convenience. The authors argue that a reduction in the availability (and thus purity) of illegal drugs such as ecstasy and cocaine and resultant disillusionment among users was a key motivation for displacement to substituted cathinones, conveniently and legally purchased online. Finally, we explore policy considerations around the likely criminalisation of substituted cathinones and the challenge of providing rapid yet considered harm reduction responses to emergent drug trends in the face of a minimal scientific evidence base and eager press demonisation.

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Drugs and Alcohol Today, vol. 10 no. 1
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 11 December 2009

Charlotte Walsh

This paper considers the findings of the Beckley Foundation's Global Cannabis Commission Report (Room et al, 2008), an overview of the scientific literature on cannabis…

Abstract

This paper considers the findings of the Beckley Foundation's Global Cannabis Commission Report (Room et al, 2008), an overview of the scientific literature on cannabis, detailing its potential harms and those caused by its prohibition. It moves on to consider the various strategies that different jurisdictions have adopted to deal with cannabis use, before moving beyond the Conventions, arguing that countries should have more autonomy to develop policy best suited to their individual circumstances.Cannabis was incorporated into the global prohibitive regime via the Single Convention on Narcotic Drugs 1961 (United Nations Office of Drugs and Crime, 1961), and is further affected by two later drug Conventions, the Convention on Psychotropic Substances 1972 (United Nations Office on Drugs and Crime, 1972) and the Convention against Illicit Traffic in Narcotic Drugs and Psychoactive Substances 1988 (United Nations Office of Drugs and Crime, 1988). Together, these require that all signatories make production, commerce and possession of cannabis criminal offences under domestic law: in the UK, this expectation is effected via the inclusion of cannabis in Schedule 2 of the Misuse of Drugs Act 1971 (HM Government, 1971). In the half century since the initial Convention was drafted, patterns of cannabis consumption have altered fundamentally; smoking cannabis has transformed from a relatively rare behaviour confined to a scattering of countries and cultures, to almost a rite of passage among young people in many nations. The United Nations Office on Drugs and Crime (2009) estimates that there is a global population of 190 million cannabis users, rendering it by far the most widely used illicit drug, yet, paradoxically, one that is rarely mentioned in international drug control policy discussions.

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Drugs and Alcohol Today, vol. 9 no. 4
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 31 December 2009

Ian Wilson, Mark Holland, Vanessa Mason, Josh Reeve and Hayley Ash

As the use of drugs and alcohol by clients accessing mental health services becomes increasingly common, members of staff working within psychiatric inpatient areas often…

Abstract

As the use of drugs and alcohol by clients accessing mental health services becomes increasingly common, members of staff working within psychiatric inpatient areas often encounter drug and alcohol misuse among their client group. The safe and effective management of this issue has become a priority for many inpatient services. This paper outlines a policy for the management of substance misuse on psychiatric inpatient wards developed by Manchester Mental Health and Social Care Trust. The fundamental principles underpinning the policy are highlighted, and the key sections of the policy are described. There is a detailed description of how the policy has been applied in practice by members of staff working on inpatient wards, with clinical examples being presented.

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Book part
Publication date: 29 August 2018

Paul A. Pautler

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the…

Abstract

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

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Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

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Article
Publication date: 17 June 2011

Mark Govier

The purpose of this paper is to review the ongoing failure of contemporary government, and indeed its agencies, to provide basic, let alone adequate, factual information…

Abstract

Purpose

The purpose of this paper is to review the ongoing failure of contemporary government, and indeed its agencies, to provide basic, let alone adequate, factual information about most chemical legal highs, despite permitting their unregulated sale, and having the resources to do so.

Design/methodology/approach

The paper provides a working definition of legal highs, briefly describes how the market works, investigates government information services such as Talk to FRANK, analyse government policy towards legal highs, and finally posit cost effective interim solutions to fill the information gap for “Generation Meph”, the teenagers and students who are the main consumers of legal highs.

Findings

Despite permitting synthetic research chemicals to be sold as any other consumer product, the government consistently fails to provide meaningful information about them and instead emulates the tabloids by adopting a policy of covert quasi‐criminalisation through non‐approval. This raises questions not simply about government competence, but also the suitability of the 1971 Misuse of Drugs Act, and indeed the Advisory Council on the Misuse of Drugs, 40 years on. It is preferable that “Generation Meph” have access to some form of evidence‐based information about what they consume rather than to none.

Originality/value

The paper suggests a survey system to provide consumers with information about legal highs, which would counterbalance the scaremongering among the tabloid press.

Details

Drugs and Alcohol Today, vol. 11 no. 2
Type: Research Article
ISSN: 1745-9265

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