Awareness of Novel Drug Legality in a Young Adult Population

In recent years, use of substances commonly referred to as ‘legal highs’ has become a significant concern to policy makers and public health officials. Though legislation banning the use and possession of these novel and synthetic drugs often follows the initial media attention and public outcry, potential users may often be unaware of the legislation. A survey including self-reported drug use and perceptions of the legality of various psychoactive substances was administered to 2,346 students in randomly selected classes at a large public university to determine what portion accurately knew four types of novel drugs were locally illegal. Results indicated that numerous potential and current users incorrectly believed that the former ‘legal highs’ remained unrestricted. This sample did include a number of novel drug users; lifetime use of at least one novel drug was reported by 17.1 %, many of which reported using multiple types of novel drugs. Approximately one-third of the overall sample inaccurately believed that Salvia divinorum (34.7 %), K2/Spice (36.5 %), and Mr. Miyagi/Pot-pourri (32.1 %) were legal in the state and over half (50.3 %) inaccurately believed ‘bath salts’ (synthetic cathinones, MDPV, and other synthetic stimulants) remained legal. As these misperceptions have the potential to influence substance use decisions, they may need to be corrected through educational campaigns as widespread as the preceding media coverage that labeled the drug as ‘legal highs.’ Results also indicated that Blacks and previous users of the substances were more likely to hold inaccurate legal beliefs.     

"Legal highs"-Toxicity in the clinical and medico-legal aspect as exemplified by suicide with bk-MBDB administration

The easily available "legal highs", which are products containing psychoactive substances, such as cathinones, piperazines and synthetic cannabinoids, are abused by adolescents in Poland and in the world as alternatives to classic drugs, such as amphetamines or marijuana. The majority of these potentially dangerous substances are still legal and they are associated with a risk of severe poisoning or even death, and provide new challenges in clinical and forensic toxicological practice. Investigations in the field of "designer drugs" may be well illustrated by the case of a suicide of a 21-year old male who ingested a specified dose of a preparation called "Amphi-bi-a" that contains bk-MBDB, chemically 2-methylamino-1-(3,4-methylenedioxyphenyl) butan-1-one, which belongs to the cathinone group, as a synthetic euphoric empathogen and psychoactive stimulant that is chemically similar to MDMA. It is one of more common components of "legal highs" examined in Poland and other countries. The documentation of the case includes a clinical assessment of the patient's health status performed during his almost 4-h hospitalization before death, autopsy and histological examinations supported by toxicological findings revealing bk-MBDB at extremely high concentrations (at 20mg/l in the blood and 33mg/kg in the liver); hence, this body of evidence contributes to knowledge in the field of "designer drugs". Inventions of designers of new psychoactive xenobiotics, which are much in demand, especially in view of the dynamic Internet marketing, which drums up narcobusiness, must be balanced by a national strategy developed by medical, legal and educational circles in the modern civilized world in order to prevent the spreading of the phenomenon.     

DNA analysis of digested tomato seeds in stomach contents

Examination of stomach contents is one of the important steps in medical legal autopsy. Vegetative materials such as stems, roots, and seeds in stomach contents can be valuable evidence for providing investigative leads in death investigation. Currently, the identification of plant materials relies on microscopic and morphologic examination. We have found that many seeds are often protected from acid degradation during stomach digestion by their tough exterior seed coat. Tomato seeds were selected as a model system to assess DNA analysis and plant variety marker identification. The DNA-amplified fragment length polymorphism method was performed to determine if the DNA obtained from single seeds could be used for PCR analysis. From the amplified fragment length polymorphism results, some candidate markers for individualizing seeds from morphologically distinct tomatoes were identified. These data on DNA analysis of tomato seeds indicate amplified fragment length polymorphism is a viable procedure for the individualization of seeds from stomach contents in forensic investigations.     

Morphine levels in urine subsequent to poppy seed consumption

Urine morphine levels after the consumption of poppy seeds were measured in two separate trials. Maximum levels of approximately 18 micrograms/ml were found using RIA, EMIT-ST and GC methodologies. Positive immunoassay results were seen up to 60 h post-ingestion. Several different lots of seeds from various sources were assayed for morphine and found to range from 4-200 mg/kg. Differentiation of poppy seed eaters from opiate users was not possible via the identification of minor alkaloid constituents of poppy seeds. It is, however, possible to analyse opiate urines with respect to 6-O-acetylmorphine. Below the level of approximately 5 micrograms/ml total opiates, GC/MS is the method of choice for this analysis.     

Poppy seed consumption and toxicological analysis of blood and urine samples

Poppy seeds contain morphine in different amounts. Reported concentrations are up to 294 mg morphine/kg poppy seeds. Since penalties based on Street Traffic Law (parapgraph 24a StVG) in Germany (administrative offence) require definitive proof of morphine in blood samples, and the "Grenzwertkommission" in consultation with the Ministry of Transportation recommended a threshold of free morphine of 10 ng/mL, the question arose whether the consumption of poppy seeds can lead to a blood concentrations equal or higher than 10 ng/mL of free morphine. Therefore, five volunteers ate poppy seed products (50 mg morphine/kg poppy seeds). In urine, all on-site tests were enzyme immunologically positive for opiates and were positive to morphine by GC/MS. All the blood samples were negative to morphine by EIA and to free morphine by GC/MS. However, after hydrolysis, morphine was detected by GC/MS in all cases. Accordingly, in Germany, penalties based on parapgraph 24a StVG are not likely to cause road users any concerns should they have consumed poppy seeds. Driver Licensing Authorities, however, should be advised of this problem to avoid unjustified legal measures.     

Illicit payments for illicit goods: noncontact drug distribution on Russian online drug marketplaces

The distribution or consumption of traditional drugs has become the subject of stringent penalties throughout most of the world and synthetic designer drugs have become the alternative. Novel psychoactive substances, also called ‘legal highs’, are highly varied in terms of chemical composition. These substances are advertised and distributed as an alternative to traditional drugs on the Internet, making identification of new substances and enforcement difficult. For this article, we downloaded and analysed 28 Russian-language online drug marketplaces which distribute traditional and novel psychoactive substances. All marketplaces used a noncontact drug dealing method where the seller and the buyer communicate through the Internet to arrange for payment and delivery of drugs without meeting face-to-face. Geographic information, price, amount, substance type and payment method data were extracted. Findings indicate such marketplaces are able to operate due to the ability of their clients to pay anonymously with the virtual currencies – Qiwi and Bitcoin.     

Quantification of Morphine,Codeine, and Thebaine in Home‐Brewed Poppy Seed Tea by LC‐MS/MS

Recently, medical examiners reported two cases of a 21‐year‐old male and 24‐year‐old male with high amounts of morphine in their blood at autopsy. It was suspected that the decedents ingested lethal amounts of morphine from home‐brewed poppy seed tea. No studies to date have investigated opium alkaloid content extracted from poppy seeds by home‐brewing methods. Various poppy seed products were purchased from online sources and extracted with four home‐brewing methods representative of recipes found on drug user forums. Morphine, codeine, and thebaine were quantified in the tea extracts by liquid chromatography‐tandem mass spectrometry using a validated analytical method. Morphine, codeine, and thebaine concentrations from seeds were <1–2788 mg/kg, <1–247.6 mg/kg, and <1–124 mg/kg, respectively. Alkaloid yield varied between extractions, but regardless of extraction conditions, lethal amounts of morphine can be rinsed from poppy seed coats by home‐brewing methods.     

Neurocops: the politics of prohibtion and the future of enforcing social policy from inside the body

Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who voluntarily choose to use such medications, some people will be compelled to use them. This article concludes that in the absence of extraordinary circumstances, governmental action forcing or coercing a person to use a pharmacotherapy drug would violate a number of important legal rights. Among the rights implicated by compulsory use of pharmacotherapy drugs are the right to informed consent, the right to bodily integrity and privacy, the protection against cruel and unusual punishment, and the right to freedom of thought.     

法律国俗语义差异及翻译

法律国俗语义是法律词汇语义民族性的一种表现,具有鲜明的民族法律文化特色。通过对英汉法律国俗语义差异的几种主要形式的研究,说明法律国俗语义研究与英汉法律翻译有着重要关系,希望引起广大法律翻译工作者对法律国俗语义的重视。     

A comparison of student legal issues perceptions held by chief student and chief legal affairs officers: a study of metropolitan universities in the US

This study explored the similarities and differences of the perceptions held by chief legal and chief student affairs officers with regard to student legal issues. The study follows an earlier project published by Education and the Law (9(1), pp. 41‐49) which solely examined the perceptions of chief legal affairs officers. In the present study, there was a significant difference in the perceptions of chief student affairs and chief legal affairs officers with regard to which student legal issues will be litigated in the next 10 years. Chief student affairs and chief legal affairs officers prepare for student legal issues in a very similar fashion. Both officers make use of legal conferences, student affairs conferences, continuing education, and professional literature. There appears to be many chief student affairs officers who attend legal conferences and chief legal affairs officers who attend student affairs conferences in order to better prepare for future student legal issues.     

中国环境法学研究的现状与问题--1998-2003年中国环境法学研究状况调查报告

从对1998-2003年六年间中国环境法学者著述的文献引证、环境法学术论文的数量、选题、发表刊物以及环境法学者的分布、学历和职称背景等状况的调查分析可以看出:中国现阶段法学研究的总体水准不高以及法学研究的重点、热点、难点和前沿课题分散等,是制约环境法学术水准朝向纵深发展的外在因素;环境法学的交叉学科性质、环境法学者人数相对较少、总体法学素养的相对低下、相关环境课题的广泛导致选题不集中等,是制约环境法学术水准朝向纵深发展的内在因素。提高中国环境法学术水准的核心,是环境法学者必须明确现阶段环境法学研究的历史使命,注重自身学术思想的组织形式和研究的价值取向,以及在研究方法上擅于发挥法学交叉学科研究的综合优势。     

论法律概念的特征

法律概念是法律的基本构成要素,没有法律概念,我们就不能正确地理解法律问题。与哲学、政治学等学科相比,我国的法学对法律概念的研究却显得相对薄弱。然而,在司法实践中,要正确运用法律推理,必须首先研究法律概念。本文从研究概念入手,阐明了法律概念的涵义以及法律概念与一般概念的不同点。从立法、司法的角度,分析了法律概念的特征。     

A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World (England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition)

The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law (legal jurisdictions of England, Canada, United States, Germany, France, Denmark, Russia and China are subject to the legal analysis). By conducting a comprehensive legal analysis of the concept of crime in selected legal jurisdictions, this study reveals the common legal features pertinent to the concept of crime that are shared by the major legal systems of the world. Particular attention has been given to the thorny and much debated area of the subjective element of a crime and the standards employed to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.     

Fatal intoxications in Denmark following intake of morphine from opium poppies

In Denmark it is legal to grow opium poppies for the production of poppy seeds and until 1986 for decoration purposes, too. Danish poppy capsules contain 0.3-5 mg morphine per capsule and the content of morphine in opium exuded from the capsules may amount to 24%. This has resulted in misuse as both fresh and dried poppy capsules have been used for the production of "opium tea". During the period 1982-1985, seven casualties occurred among drug addicts in Denmark which were solely or partly caused by these opium poppies.     

Explaining the variations in legal mobilization of environmental nongovernmental organizations in authoritarian China: A fuzzy set qualitative comparative analysis

Despite the growing literature on legal mobilization under authoritarianism, the variations of legal mobilization in authoritarian regimes have been less studied. Drawing on a fuzzy set qualitative comparative analysis of 175 environmental public interest litigations from 2009 to 2019, as well as in-depth interviews with environmental nongovernmental organizations (NGOs) representatives, this is the first article to present how organizational, political, legal, and social forces (which are demonstrated by six conditions: capacity, political embeddedness, political endorsement, access, legal stock, and alliance) combine to explain the variations of NGOs' environmental legal mobilization through the use of strategic and nonstrategic litigation in authoritarian China. Although the state's policy to pluralize regulatory actors to improve environmental governance has set up a relatively friendly institutional backdrop for environmental legal mobilization, this study finds that political forces such as the relationship between NGOs and the state and the ambivalent attitudes towards environmental protection between central and local government have significantly influenced the behavioral patterns of NGOs' legal mobilization. Moreover, this study uncovers four types of legal mobilization of Chinese environmental NGOs: allied mobilization, progressive mobilization, steered mobilization, and symbolic mobilization. This study enriches the understanding of the behavioral patterns of nonstate actors in legal mobilization in authoritarian regimes and beyond.     

A 'European' Conception of Legal Consciousness: Rediscovering Eugen Ehrlich

This paper discusses the present ‘legal consciousness’ literature and seeks to identify two different conceptions of legal consciousness. Most of this literature originated in the United States, but there has also been a growing interest in issues of legal consciousness in Europe. The use of the term ‘legal consciousness ’ in these European discussions is, however, remarkably different from its use in the United States literature. It is argued that the most commonly used ‘American ’ conception of legal consciousness reflects important ideas of Roscoe Pound and asks: how do people experience (official) law? By contrast, a European conception of legal consciousness, which was first introduced by the Austrian legal theorist Eugen Ehrlich, focuses on: what do people experience as ‘law ’? After both perspectives are applied in a case‐study of a run‐down neighbourhood in the Netherlands, it is concluded that future studies of legal consciousness may benefit from an integration of the two conceptions.     

Opiate concentrations following the ingestion of poppy seed products – evidence for `the poppy seed defence'

The universally accepted 300 ng/ml cut-off limit for opiate assays stated to be mandatory for all drug screening laboratories by the Substance Abuse and Mental Health Services Administration, has been questioned recently due to positive results being obtained following the ingestion of poppy seed containing food products. To establish the plausibility of the `the poppy seed defence' the concentrations of codeine, norcodeine, morphine, normorphine and thebaine (a potential marker for seed ingestion) in several varieties of poppy seeds from different countries were quantified by GC–MS. The country of origin of the seed specimen analysed and the preparation of the seeds prior to their culinary use was found to influence the alkaloid concentration determined. The maximum morphine and codeine concentrations determined in the seeds were found to be 33.2 and 13.7 μg/g seed respectively. In addition, thebaine concentrations were found to vary with each seed sample analysed. Following the consumption of bread rolls (mean 0.76 g seed covering per roll) by four subjects, all urine specimens analysed produced negative results (using the Dade Bebring EMIT II opiate screening assay) with the exception of one subject (body weight 63.0 kg) who consumed two poppy seed rolls. In this subject opiate positive screening results were obtained for up to 6 h post ingestion with maximum urinary morphine and codeine concentrations of 832.0 ng/ml (@ 2–4 h post ingestion) and 47.9 ng/ml (@ 0–2 h post ingestion) respectively being achieved. Following the ingestion of poppy seed cake containing an average of 4.69 g of seed per slice by four individuals, opiate positive screening results were obtained for up to 24 h. In one subject (dose equivalent to 0.07 g poppy seed/kg body weight) maximum urinary morphine and codeine concentrations of 302.1 ng/ml (@ 0–2 h) and 83.8 ng/ml (@ 2–4 h) respectively were recorded. The elimination of thebaine was found to vary widely between individuals, therefore suggesting that its absence from a specimen is not necessarily indicative of opiate abuse. These findings demonstrate that the poppy seed defence could be used as an argument in medico-legal and employment medical cases. Great care should therefore be taken when interpreting the data produced when screening for opiates.     

A Bilingual,Bicultural Approach to Detachment and Appraisal in the Law: Tracing Impersonality and Interaction in English and Spanish Legal Op-Eds

The present research study carries out a contrastive analysis between two corpora of legal opinion columns as special types of genres, with a view to assess their opposing patterns of impersonality—authorial detachment—and attitude—emotion, judgment, appreciation, taking as a point of departure appraisal theory, or the interpretation of Halliday's Systemic-Functional Linguistics (1994/2004) by the so-called Sydney School. The long-established perspective is that legal genres are highly impersonal; authoritative instruments representing an intentional exercise of elitist and exclusionary practices. However, the hypothesis embedded in the present study is that some texts, such as news editorials and op-eds, constitute hybrid genres where the writer makes use of all kinds of inducement devices to support his/her theses with effectiveness and credibility (Dafouz in J Pragmat 40:95-113, 2008), nonetheless retaining one of the basic traits of monogloss legal discourse: impersonality. However, it is hypothesized that this hybridity is to take place in different degrees, in tune with the influence exerted by legal system that constitutes the background of each corpus. To prove such a point, 40 legal op-eds—roughly, a thirty-five-thousand-word corpus in English and Spanish overall—were scrutinized, having been extracted from the specialized legal sections of two national newspapers of undisputed prestige as opinion-formation media. Through a contrastive study, the purpose of the present work was set to describe, explain and assess how lexicogrammar devices unveil interesting differences between the expression of impersonality and attitude in legal opinion columns as genres in either language, hence reflecting different ways in which the law is envisioned in each of the particular legal systems they belong to.     

Legal Positivism, Law's Normativity, and the Normative Force of Legal Justification

In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather narrow viewpoint of the study of law's normativity, it is less attractive than the latter from the broader viewpoint of the study of the nature of law. I then distinguish between a moral and a strictly legal conception of the normative force of legal justification, and argue that legal positivists may without contradiction embrace the moral conception, and that therefore the analysis of the normative force of legal justification need not be a problem for legal positivists. I conclude that, on the whole, we have reason to prefer legal positivism to natural law theory. I begin by introducing the subject of jurisprudence (section 1). I then introduce the natural law/legal positivism debate, suggesting that we ought to understand it as a debate about the proper way to explicate the concept of law (section 2). I proceed to argue that legal decision-making is a matter of applying legal norms to facts, and that syllogistic reasoning plays a prominent role in legal decision-making thus conceived (section 3). Having done that, I discuss law's normativity (section 4), the normative force of legal justification (section 5), and the relation between the former and the latter (section 6). I conclude with a critical comment on Joseph Raz' understanding of the question of law's normativity (appendix).     

体系前研究到体系后研究的范式转型

我国法律体系形成过程的特点,造就了同时期法学研究的“立法中心主义”特征,具体表现为以功能设计与规范建构为路径的立法论研究范式、大规模引进域外立法材料引致的外源型研究范式、基于立法引导型建构的学术导向范式。这种“立法中心主义”的研究为法律体系的建构和充实作出了重大贡献。然而,社会主义法律体系形成后,“体系前研究范式”隐含的学术缺陷也日益明显,难以满足法治不断发展的需求,有必要向“体系后研究范式”转型。在建构体系后研究范式时,宜确立以中国问题为中心的学术取向、立足中国场景发现和讨论中国问题、基于平等心态拓展法学知识的域际交流、开展问题导向的新综合研究、赋予解释论研究以应有的时代使命。