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The Problem of “Driving while Stoned” Demands an Aggressive Public Policy Response “石头边开车”问题需要积极的公共政策回应
Q3 Social Sciences Pub Date : 2018-11-27 DOI: 10.1515/jdpa-2018-0012
P. Larkin
Abstract Mark A.R. Kleiman and his colleagues (hereafter Kleiman) have done the public a service by highlighting the problem of “driving while stoned.” Drug-impaired driving is a serious national problem. Numerous drugs other than alcohol, whether legal or illegal—such as opioids, cocaine, tranquilizers, sleep aids, hallucinogens, and marijuana—degrade driving performance and increase the risk of highway morbidity and mortality. Other than alcohol, marijuana is the biggest problem because it is the most commonly used drug, and its use is increasing, given marijuana legalization. Two facts aggravate that problem: (1) marijuana is often combined with alcohol and (2) a marijuana-alcohol cocktail has an enhanced debilitating effect on safe motor vehicle handling. As the U.S. Office of National Drug Control Policy has noted, driving while impaired is a major public health problem. Kleiman is correct that identifying impairment attributable to substances other than alcohol is a difficult problem. Two twentieth century developments helped society reduce the number of alcohol-related crashes, injuries, and deaths: the passage of 0.08 g/dL blood-alcohol content laws, and the development of reliable, easily operated, hand-held Breathalyzers for roadside use. Unfortunately, we cannot successfully use that approach for impairing drugs other than alcohol. We do not know what amount of THC impairs a majority of drivers. In any event, we do not have a measurement device comparable to a Breathalyzer. Kleiman argues that, given those enforcement problems, we should use only administrative measures to penalize marijuana-impaired driving. I think that there is room for the criminal justice system. People who use marijuana and drive put others at risk of injury or death. Just as legislatures can force a factory to bear the risk of pollution-related injury, so too can a legislature force marijuana users to internalize any costs of their drug use. If you use marijuana, don’t drive for at least eight hours. Use public transportation. Take a cab. Call Uber. Walk. Ask a friend for a lift. Or just remain where you are. No one has a constitutional right to drink alcohol, to smoke marijuana, or to drive an automobile. Society hardly asks too much of its citizens to demand that they not do all three simultaneously or to delay driving for eight hours after either of the first two activities. That is not all. States should test every driver involved in a crash, particularly one involving a fatality, not only for alcohol but also for legal and illegal impairing drugs. Moreover, all 50 states fix 21 as the minimum drinking age and the minimum age for recreational marijuana use. Whatever administrative penalty the states impose for underage drinking and driving—such as license suspension—should apply as well to everyone under that age who tests positive for any illegal drug use. States should also report on a regular basis the data regarding motorists’ use of impairing drugs, inc
摘要Mark A.R.Kleiman和他的同事(以下简称Kleiman)通过强调“醉酒驾驶”的问题为公众服务。吸毒驾驶是一个严重的国家问题。酒精以外的许多药物,无论是合法的还是非法的,如阿片类药物、可卡因、镇静剂、助眠剂、致幻剂和大麻,都会降低驾驶性能,增加高速公路发病率和死亡率。除了酒精,大麻是最大的问题,因为它是最常用的药物,而且随着大麻合法化,大麻的使用量正在增加。有两个事实加剧了这个问题:(1)大麻经常与酒精结合;(2)大麻酒精混合物对机动车安全驾驶有增强的衰弱作用。正如美国国家药物管制政策办公室所指出的,残疾驾驶是一个主要的公共卫生问题。克莱曼正确地认为,识别酒精以外的物质造成的损害是一个难题。二十世纪的两项发展帮助社会减少了与酒精相关的车祸、受伤和死亡人数:通过了0.08 g/dL血液酒精含量法,以及开发了可靠、易于操作的手持式路边呼吸分析仪。不幸的是,我们无法成功地利用这种方法来削弱除酒精以外的药物。我们不知道THC的含量会对大多数司机造成多大影响。无论如何,我们没有可与呼吸分析仪相媲美的测量设备。克莱曼认为,考虑到这些执法问题,我们应该只采取行政措施来惩罚因吸食大麻而受损的驾驶。我认为刑事司法系统还有空间。吸食大麻和开车的人会使他人面临受伤或死亡的风险。正如立法机构可以强制工厂承担与污染相关的伤害风险一样,立法机构也可以强制大麻使用者将其吸毒成本内化。如果你吸食大麻,至少八小时内不要开车。使用公共交通工具。坐出租车。打电话给优步。步行请朋友搭车。或者就呆在原地。任何人都没有饮酒、吸食大麻或驾驶汽车的宪法权利。社会几乎没有要求太多的公民要求他们不要同时进行这三项活动,或者在前两项活动中的任何一项之后将驾驶时间推迟八个小时。这还不是全部。各州应该对每一位参与车祸的司机,特别是一名涉及死亡的司机进行检测,不仅要检测酒精,还要检测合法和非法的有害药物。此外,所有50个州都将21岁定为最低饮酒年龄和娱乐性大麻使用的最低年龄。无论各州对未成年人饮酒和驾驶实施何种行政处罚,如吊销执照,都应适用于该年龄以下任何非法吸毒检测呈阳性的人。各州还应定期报告有关驾车者使用包括大麻在内的有害药物的数据。国会也有采取行动的空间。由于美国高速公路是州际商业的动脉,国会可以通过防止增加他人发病率和死亡风险的司机使用州际高速公路来保护商业和非商业司机的使用。国会可以要求各州使用部分联邦公路资金,采取上述安全或信息收集措施。至少,国会应该迫使各州为了解其大麻合法化措施的效果提供资金。
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引用次数: 0
International Drug Reform: Medicalised Harm Reduction, Cannabis and the Global Legislative Reality 国际药物改革:医疗化危害减少,大麻和全球立法现实
Q3 Social Sciences Pub Date : 2018-11-07 DOI: 10.1515/jdpa-2018-0002
D. White
Abstract Despite being the global legislative reality for more than half a century, when it comes to the control and management of illicit drugs, there is still a sharp academic divide between strict prohibitionists and open access legalisers, with both sides claiming supremacy in their ability to reduce the harms drug users face. Spanning these opposing academic extremes, governments around the world have experimented with, or put into practice a range of alternatives to prohibition that generally hold harm reduction as a centrally guiding principle. However, in the realm of drugs control, harm reduction is not a simple utilitarian problem and is often clouded by a number of moral aspects that will seemingly continue to frustrate the prospects for consensus among the various drug control stakeholders for the near future. Moreover, while proponents of reform and legalisation have put forth seemingly plausible and well considered theories for the regulation and control of drugs in lieu of prohibition, it has become rather clear in the wake of the recent United Nations Special Assembly on Drugs in 2016 that a significant top-down change in international drugs control policy is unlikely for the foreseeable future. This is not to say the global prohibitionist framework is destined to remain predominant, and clear lines are emerging for the practical evolution of international drugs control policy. With an ever expanding variety of novel alternative methods being implemented by countries around the world to reduce the harm from illicit drug use, especially with regards to the unique challenges faced by intractable, chronic users of ’hard’ drugs such as heroin, coupled with a softening of hard-line attitudes, a path towards sensible drug reforms is becoming clearer. This short article examines a number of those alternative methods, where it is argued that medicalised harm reduction for ’hard’ drugs is the most likely to find broad acceptance under the international drug regime and the growing tolerance and liberalisation of cannabis laws will likely continue because of its relatively low risk profile and high cost of prohibition.
尽管半个多世纪以来全球的立法现实是,当涉及到非法药物的控制和管理时,严格禁止和开放获取合法化之间仍然存在着明显的学术分歧,双方都声称自己有能力减少吸毒者面临的危害。在这些对立的学术极端中,世界各国政府已经尝试或实施了一系列替代禁令的措施,这些措施通常将减少危害作为中心指导原则。然而,在药物管制领域,减少危害并不是一个简单的功利主义问题,而且常常被一些道德方面的问题所笼罩,这些问题似乎将在不久的将来继续阻碍各种药物管制利益攸关方之间达成共识的前景。此外,尽管改革和合法化的支持者提出了看似合理且经过深思熟虑的理论,以监管和控制毒品,而不是禁止毒品,但在最近的2016年联合国毒品问题特别大会之后,已经相当清楚的是,在可预见的未来,国际毒品管制政策不太可能发生自上而下的重大变化。这并不是说全球禁药框架注定要继续占主导地位,国际药物管制政策的实际演变正在出现明确的路线。随着世界各国为减少非法药物使用的危害而不断采用各种新颖的替代方法,特别是针对海洛因等“硬性”药物的顽固长期使用者所面临的独特挑战,再加上强硬态度的软化,通向合理药物改革的道路正变得更加清晰。这篇短文审查了一些替代方法,其中认为,根据国际药物制度,减少“硬”药物的医疗危害最有可能得到广泛接受,而且大麻法律的日益容忍和自由化可能会继续下去,因为它的风险相对较低,禁止的成本较高。
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引用次数: 0
Driving While Stoned: Issues and Policy Options 石破天惊的驾驶:问题与政策选择
Q3 Social Sciences Pub Date : 2018-06-29 DOI: 10.1515/jdpa-2018-0004
M. Kleiman, Tyler Kirkland Jones, Celeste J. Miller, Ross Halperin
Abstract THC is the most commonly detected intoxicant in US drivers, with approximately 13 % of drivers testing positive for marijuana use, compared to the 8 % that show a measurable amount of alcohol . Because cannabis use remains detectable for much longer than alcohol, and also for long after the driver is no longer impaired, the difference in rates does not show that stoned driving is more common than drunk driving. Nonetheless, cannabis intoxication while driving is on the rise and has been shown to impair reaction time and visual-spatial judgment. Many states, including those where cannabis sales are now permitted by state law, have laws against cannabis-impaired driving based on the drunk-driving model, defining criminally intoxicated driving as driving with more than a threshold amount of intoxicant in one’s bloodstream—a per se standard—as opposed to actual impairment. That approach neglects crucial differences between alcohol and cannabis in their detectability, their pharmacokinetics, and their impact on highway safety. Cannabis intoxication is more difficult to reliably detect chemically than alcohol intoxication. A breath alcohol test is (1) cheap and reliable; (2) sufficiently simple and non-invasive to administer at the roadside; and (3) a good proxy for alcohol in the brain, which in turn is (4) a good proxy for subjective intoxication and for measurable driving impairment. In addition, (5) the dose-effect curve linking blood alcohol to fatality risk is well-established and steep. None of those things is true for cannabis. A breath test remains to be developed. Oral-fluid testing can demonstrate recent use but not the level of impairment. A blood test requires a trained phlebotomist and therefore a trip to a medical facility, and blood THC levels drop very sharply over time-periods measured in minutes. Blood THC is not a good proxy either for recency of use or for impairment, and the dose-effect curve for fatality risk remains a matter of sharp controversy. The maximum risk for cannabis intoxication alone, unmixed with alcohol or other drugs, appears to be more comparable to risks such as talking on a hands-free cellphone (legal in all states) than to driving with a BAC above 0.08, let alone the rapidly-rising risks at higher BACs. Moreover, the lipid-solubility of THC means that a frequent cannabis user will always have measurable THC in his or her blood, even when that person has not used recently and is neither subjectively intoxicated nor objectively impaired. That suggests criminalizing only combination use, while treating driving under the influence of cannabis (however this is to be proven) as a traffic offense, like speeding.
摘要四氢大麻酚是美国司机中最常见的麻醉剂,约有13种 % 在大麻使用检测呈阳性的司机中 % 显示出可测量的酒精含量。由于大麻的使用比酒精的使用持续时间长得多,而且在司机不再受损后的很长一段时间内都可以检测到,因此比率的差异并不能表明醉酒驾驶比醉酒驾驶更常见。尽管如此,驾驶时的大麻中毒正在上升,并已被证明会损害反应时间和视觉空间判断。许多州,包括那些现在州法律允许销售大麻的州,都有基于酒后驾驶模式的禁止大麻受损驾驶的法律,将醉酒驾驶定义为血液中含有超过阈值量的麻醉剂(这本身就是一个标准)的驾驶,而不是实际受损。这种方法忽略了酒精和大麻在可检测性、药代动力学以及对公路安全的影响方面的关键差异。大麻中毒比酒精中毒更难用化学方法可靠地检测。呼气酒精测试(1)既便宜又可靠;(2) 足够简单和无创,可以在路边进行管理;以及(3)大脑中酒精的良好指标,这反过来又是(4)主观醉酒和可测量驾驶障碍的良好指标。此外,(5)将血液酒精与死亡风险联系起来的剂量-效应曲线是公认的且陡峭的。对于大麻来说,这些都不是真的。呼吸测试还有待开发。口腔液测试可以证明最近的使用情况,但不能证明损伤程度。血液测试需要训练有素的抽血师,因此需要前往医疗机构,血液中的四氢大麻酚水平在以分钟为单位的时间内急剧下降。血液四氢大麻酚不是使用近期或损伤的良好指标,死亡风险的剂量-效应曲线仍然是一个尖锐的争议问题。单独服用大麻(未与酒精或其他药物混合)的最大风险似乎更类似于免提手机通话(在所有州都是合法的),而不是在BAC高于0.08的情况下驾驶,更不用说BAC较高时迅速上升的风险了。此外,四氢大麻酚的脂溶性意味着,经常吸食大麻的人血液中总是会有可测量的四氢大麻醚,即使此人最近没有使用过,也没有主观醉酒或客观受损。这意味着只将混合使用定为犯罪,而将在大麻影响下驾驶(尽管这一点有待证明)视为交通犯罪,如超速驾驶。
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引用次数: 7
China’s New Long March to Control Illicit Substance Use: From a Punitive Regime towards Harm Reduction 中国控制非法药物使用的新长征:从惩罚性制度到减少危害
Q3 Social Sciences Pub Date : 2018-03-29 DOI: 10.1515/jdpa-2015-0023
Sheldon X. Zhang, K. Chin
Abstract Illicit substance misuse has become a serious problem in contemporary China. The number of officially registered illicit substance misusers totals close to 3 million, having increased every year since the government’s first annual report on drug control in 1998. In recent years, synthetic drugs such as methamphetamine and ketamine, have become more popular than heroin which was previously dominant. However, illicit substance use continues to receive little  sympathy from the public, despite government’s efforts to move towards treatment and rehabilitation. For many years, compulsory detoxification centers and “education-through-labor” camps were the only treatment options. More humane approaches are emerging, including methadone maintenance, therapeutic communities, and faith-based halfway houses. Government response to drug trafficking remains draconian. Drug distribution and trafficking are among the dwindling number of criminal offenses that qualify for the death penalty. For future drug control policy, China appears willing to accelerate its experiment with decriminalizing substance abuse and applying a public health approach to the treatment of substance misusers. Evidence-based treatment programs through scientific research and rigorous evaluation should be the norm, and harm reduction needs to be seriously explored as an alternative to the harsh criminal justice regime. More importantly, reliable and multi-faceted forecast systems need to be established to monitor and estimate the size of substance misuser population and trends in illicit drug consumption. Finally, China should continue to expand its international collaboration and insulate its counter-narcotic programs from global politics.
摘要非法药物滥用已成为 当代中国的严重问题。自1998年政府首次发布药物管制年度报告以来,官方登记的非法药物滥用者总数接近300万,每年都在增加。近年来,甲基苯丙胺和氯胺酮等合成毒品比以前占主导地位的海洛因更受欢迎。然而,非法药物使用仍然收效甚微  尽管政府努力推进治疗和康复,但公众仍表示同情。多年来,强制戒毒所和“劳教”营是唯一的治疗选择。更人道的方法正在出现,包括美沙酮维护、治疗社区和基于信仰的中途之家。政府对贩毒的反应依然严厉。毒品分销和贩运是可判处死刑的犯罪数量不断减少的犯罪之一。对于未来的药物管制政策,中国似乎愿意加快将药物滥用合法化的实验,并将公共卫生方法应用于药物滥用者的治疗。通过科学研究和严格评估的循证治疗计划应该成为规范,需要认真探索减少伤害,作为严厉刑事司法制度的替代方案。更重要的是,需要建立可靠和多方面的预测系统,以监测和估计药物滥用人口的规模和非法药物消费的趋势。最后,中国应该继续扩大其国际合作,并将其禁毒项目与全球政治隔离开来。
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引用次数: 0
Designing a Federal Tax on Cannabis 设计联邦大麻税
Q3 Social Sciences Pub Date : 2018-03-27 DOI: 10.1515/jdpa-2017-0007
Pat Oglesby
Abstract A Federal tax on cannabis requires answers to several questions: 1. What should we tax? What should be the “base” or bases of a cannabis tax? (Possible bases include: price; weight of various product types [like flower, trim, and concentrate]; and THC content.) 2. Given any base, what should the tax rate be? 3. Should medical cannabis bear full tax? 4. Should marijuana advertising and selling expenses become deductible for federal income tax purposes? (That would treat cannabis businesses like other businesses; current Internal Revenue Code section 280E bars such deductions.) Recently introduced federal legislation provides answers, some more aligned with drug policy than others, to those questions.
对大麻征收联邦税需要回答几个问题:1。我们应该对什么征税?大麻税的“基础”是什么?(可能的依据包括:价格;各种产品类型的重量[如花,修剪,浓缩];和THC含量)。给定任何基数,税率应该是多少?3.医用大麻应该全额征税吗?4. 大麻的广告和销售费用是否可以从联邦所得税中扣除?(这将像对待其他企业一样对待大麻企业;现行《国内税收法》第280E条禁止此类扣除。)最近出台的联邦立法为这些问题提供了答案,其中一些更符合毒品政策。
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引用次数: 0
The Current State of Counternarcotics Policy and Drug Reform Debates in Myanmar 缅甸禁毒政策现状和药物改革辩论
Q3 Social Sciences Pub Date : 2017-01-27 DOI: 10.1515/jdpa-2015-0017
Tom Kramer
Abstract Myanmar is the world’s second largest producer of opium after Aghanistan. Following a decade of decline, cultivation has more than doubled since 2006. The production and use of amphetamine-type stimulants (ATS) is also rising. Most of the opium is turned into heroin and exported via neighboring countries, especially to China. Decades of civil war and military rule have stimulated drug production and consumption, and marginalized ethnic communities. Myanmar has high levels of injecting drug users infected with HIV/AIDS and hepatitis C. Drug policies in Myanmar are repressive and outdated, with an ineffective focus on arresting drug users and eradicating poppy fields. The central government is unable to provide quality treatment for drug users. Past political repression and human rights violations by the military government caused an international boycott which prevented international donors from providing assistance. The reform process by the new quasi-civilian government includes both a peace process to end the civil war and a review of the country’s drug laws, raising hope for more effective and humane drug policies.
缅甸是仅次于阿富汗的世界第二大鸦片生产国。在经历了10年的下降之后,种植面积自2006年以来增加了一倍多。安非他明类兴奋剂的生产和使用也在增加。大部分鸦片被制成海洛因,通过邻国出口,尤其是中国。几十年的内战和军事统治刺激了毒品的生产和消费,并使少数民族社区边缘化。缅甸感染艾滋病毒/艾滋病和丙型肝炎的注射吸毒者比例很高。缅甸的毒品政策是压制性的和过时的,没有把重点放在逮捕吸毒者和铲除罂粟田上。中央政府无法为吸毒者提供高质量的治疗。军政府过去的政治镇压和侵犯人权行为引起了国际抵制,使国际捐助者无法提供援助。新的准文官政府的改革进程既包括结束内战的和平进程,也包括对该国毒品法律的审查,这使人们对更有效和更人道的毒品政策产生了希望。
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引用次数: 10
Securitizing Narcotics: The Politics and Prospects of Russian Counterdrug Policies 毒品证券化:俄罗斯禁毒政策的政治与前景
Q3 Social Sciences Pub Date : 2017-01-27 DOI: 10.1515/jdpa-2015-0010
M. Galeotti
Abstract Russia is suffering from a serious and worsening challenge from narcotics, with 6% of the population using or addicted to drugs, which is also leading to a growing public health crisis. A particular problem is the growing availability of heroin from Afghanistan, with Russia an increasingly important transit country, as well as market. Efforts to control this have been severely limited by issues of resourcing, political will and turf wars between security agencies. Russia’s growing economic problems have also led to a need for liquidity on the part of many financial institutions that leads them to turn a blind eye to dirty money. However, the fundamental issues are that the Kremlin regards this as a nationalist, securitized and moral problem. The influx of Afghan heroin reflects at best Western failure and at worse a malign attempt to damage Russia. This needs to be considered a security threat and is therefore best addressed through interdiction and punitive measures rather than harm reduction and civil outreach, especially because drug addiction is considered a moral rather than a medical issue. Thus, Russia needs to adopt a more inclusive and comprehensive strategy that balances policing with treatment, prevention and harm reduction methods, in partnership with local governments, communities and NGOs, as well as foreign partners. Not only must law enforcement cooperation not continue to be a hostage to geopolitical rivalries, but policy over Afghanistan needs to be about encouraging productive efforts to reduce production rather than using the issue as a means to asserting regional hegemony.
摘要俄罗斯正遭受毒品带来的严重且日益恶化的挑战,6%的人口使用或成瘾毒品,这也导致了日益严重的公共卫生危机。一个特别的问题是来自阿富汗的海洛因供应量不断增加,俄罗斯是一个越来越重要的过境国和市场。控制这种情况的努力受到资源、政治意愿和安全机构之间地盘争夺等问题的严重限制。俄罗斯日益严重的经济问题也导致许多金融机构对流动性的需求,导致它们对脏钱视而不见。然而,根本问题是,克里姆林宫认为这是一个民族主义、安全化和道德问题。阿富汗海洛因的涌入往好里说反映了西方的失败,往坏里说则是对俄罗斯的恶意破坏。这需要被视为一种安全威胁,因此最好通过拦截和惩罚措施来解决,而不是减少伤害和民间宣传,特别是因为吸毒被视为道德问题,而不是医学问题。因此,俄罗斯需要与地方政府、社区和非政府组织以及外国合作伙伴合作,采取一项更具包容性和全面的战略,在警务与治疗、预防和减少伤害方法之间取得平衡。执法合作不仅不能继续成为地缘政治对抗的人质,而且阿富汗政策需要鼓励生产性的减产努力,而不是将该问题作为维护地区霸权的手段。
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引用次数: 3
One Good Decision: The Policy Argument for Extended Release Naltrexone in the Criminal Justice Setting 一个好的决定:纳曲酮在刑事司法环境中延期释放的政策论证
Q3 Social Sciences Pub Date : 2017-01-27 DOI: 10.1515/jdpa-2017-0001
Stephen Koppel, P. Skolnick
Abstract Criminal-justice (CJ) offenders with opioid-use disorders (OUDs) are at increased risk for recidivism and overdose (Durose et al. 2014, “Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010.” Washington, DC: Bureau of Justice Statistics 28; Binswanger et al. 2007, “Release from Prison – A High Risk of Death for Former Inmates.” New England Journal of Medicine 356 (2):157–165). For the CJ system, this presents not just a challenge but a unique opportunity to improve public health and public safety. In particular, medication-assisted treatments (MATs) have shown the potential to reduce both recidivism and relapse. Nevertheless, access to MAT in this setting remains limited; for example, although U.S. drug courts were created chiefly to expand access to drug addiction treatment services, only about one-half make MAT available (Matusow et al. 2013, “Medication Assisted Treatment in US Drug Courts: Results from a Nationwide Survey of Availability, Barriers and Attitudes.” Journal of Substance Abuse Treatment 44 (5):473–480). In this commentary, we explore the reasons for which access to MAT is limited in this setting, and lay out the evidence and arguments for a particular type of MAT: extended release (ER) naltrexone.
摘要:患有阿片类药物使用障碍(OUD)的刑事司法(CJ)罪犯再犯和服药过量的风险增加(Durose等人,2014,“2005年30个州释放囚犯的再犯:2005年至2010年的模式”。华盛顿特区:司法统计局28;Binswanger等人,2007,“出狱——前囚犯的高死亡风险”。《新英格兰医学杂志》356(2):157–165)。对于CJ系统来说,这不仅是一个挑战,也是一个改善公共卫生和公共安全的独特机会。特别是,药物辅助治疗(MATs)已显示出减少累犯和复发的潜力。尽管如此,在这种设置下访问MAT仍然是有限的;例如,尽管美国设立毒品法庭主要是为了扩大获得戒毒治疗服务的机会,但只有大约一半的人提供MAT(Matusow等人,2013,“美国毒品法庭的药物辅助治疗:全国可用性、障碍和态度调查结果”。《药物滥用治疗杂志》44(5):473–480)。在这篇评论中,我们探讨了在这种情况下访问MAT受到限制的原因,并为一种特定类型的MAT提供了证据和论据:缓释(ER)纳曲酮。
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引用次数: 1
UNGASS 2016 in Comparative Perspective: Improving the Prospects for Success 比较视角下的2016年联大特别会议:改善成功前景
Q3 Social Sciences Pub Date : 2017-01-27 DOI: 10.1515/jdpa-2015-0014
V. Felbab-Brown, Harold A. Trinkunas
Abstract As the international community prepares for the 2016 United Nations Special Session of the General Assembly on the World Drug Problem (UNGASS 2016), the global counternarcotics regime faces profound challenges. An increasing number of countries now find the regime’s emphasis on punitive approaches to illicit drugs to be problematic and are asking for reform. However, critical players such as Russia and China remain committed to the preservation of the existing approaches. At the global level, much has changed since 1998 that undermines the previous global consensus on punitive counternarcotics strategies: illicit markets and networks have shifted; the harms and costs of drugs are unevenly distributed; and states no longer agree on what drug policies work. This moment of global disagreement, which is reflected at UNGASS 2016, provides an important opportunity to evaluate the effectiveness and problematic side-effects of existing counternarcotics policies and to emphasize evidence-based strategies. This article argues that UNGASS 2016 should inject realism into the global discussion of drug policy objectives, instead of once again setting an unattainable goal of a drug-free world. The overall goal should be to strengthen states as they cope with the costs, harms, and threats posed by drug use and drug trade, and to do so in ways that increase, not erode, their legitimacy through policies that advance human rights and strengthen the bonds between the state and their citizens.
随着国际社会为2016年联合国世界毒品问题特别大会(UNGASS 2016)做准备,全球禁毒制度面临着深刻的挑战。越来越多的国家现在发现该政权强调对非法药物采取惩罚性办法是有问题的,并要求进行改革。然而,像俄罗斯和中国这样的关键国家仍然致力于维护现有的方法。在全球一级,自1998年以来发生了许多变化,破坏了以前关于惩罚性禁毒战略的全球共识:非法市场和网络发生了变化;药物的危害和成本分布不均;各州也不再就何种药物政策有效达成一致。2016年特别联大会议反映了这一全球分歧的时刻,这为评估现有禁毒政策的有效性和有问题的副作用,并强调以证据为基础的战略提供了重要机会。本文认为,2016年联大特别会议应该为全球毒品政策目标的讨论注入现实主义,而不是再次设定一个无法实现的无毒品世界目标。总体目标应该是加强各国应对毒品使用和毒品交易带来的成本、危害和威胁的能力,并通过促进人权和加强国家与公民之间联系的政策来增强而不是削弱其合法性。
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引用次数: 12
Legal Commercial Cannabis Sales in Colorado and Washington: What Can We Learn? 科罗拉多州和华盛顿州合法商业大麻销售:我们能学到什么?
Q3 Social Sciences Pub Date : 2017-01-27 DOI: 10.1515/jdpa-2015-0020
M. Kleiman
Abstract Colorado and Washington were the first states to legalize the production and sale of cannabis without a medical recommendation; Oregon and Alaska have followed suit, and additional states will likely do so in coming years. The effects of legalization are multi-dimensional, hard to predict, difficult to measure, and dependent on policy details. The primary gains from legal availability (beyond personal liberty and enjoyment) are likely to take the form of reduced illicit activity and reduced need for enforcement, along with relatively modest revenues. The primary losses will likely involve increased problematic drug use, which may include use by minors. The extent of those gains and losses is likely sensitive to price; very high prices (substantially above prices in the illicit markets) will likely frustrate the aim of shrinking illegal production and dealing; very low prices – which are technically possible, given how inexpensive it is to produce cannabis under legal conditions – risk accentuating the increase in problematic use and generating illegal diversion of legally sold product for out-of-state sale and sale to minors. Because the systems of supply for medically recommended use in Colorado and Washington were sufficiently loose to make cannabis easily available to virtually any adult; because regulatory restrictions on commercial supplies have so far kept the commercial prices above illicit and medical-dispensary levels; and because those prices have now begun to fall and are likely to fall rapidly, the results in Colorado and Washington so far cannot be used to evaluate the effects of legalization, especially in states without readily-available quasi-medical supplies. Patience is required.
摘要科罗拉多州和华盛顿州是第一批在没有医疗建议的情况下将大麻生产和销售合法化的州;俄勒冈州和阿拉斯加州也纷纷效仿,未来几年可能还会有更多的州效仿。合法化的效果是多维度的,难以预测,难以衡量,而且取决于政策细节。合法获取(个人自由和享受之外)的主要收益可能是减少非法活动和减少执法需求,以及相对温和的收入。主要损失可能涉及问题药物使用的增加,其中可能包括未成年人的使用。这些收益和损失的程度可能对价格敏感;非常高的价格(大大高于非法市场的价格)可能会阻碍减少非法生产和交易的目标;考虑到在合法条件下生产大麻的成本很低,极低的价格在技术上是可能的,这可能会加剧问题使用的增加,并导致合法销售的产品被非法转移到州外销售和出售给未成年人。因为科罗拉多州和华盛顿州医学推荐使用的供应系统足够宽松,几乎任何成年人都能轻易获得大麻;因为到目前为止,对商业供应的监管限制使商业价格高于非法和医疗药房的水平;由于这些价格现在已经开始下降,而且可能会迅速下降,科罗拉多州和华盛顿州迄今为止的结果无法用于评估合法化的影响,尤其是在没有现成准医疗用品的州。需要耐心。
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引用次数: 21
期刊
Journal of Drug Policy Analysis
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