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.     

They Were Getting High on What? Evaluating Novel Psychoactive Drug Knowledge Among Practitioners

Novel psychoactive drugs (NPDs) such as synthetic marijuana, bath salts, and salvia have increasingly entered into the American drug landscape. As law enforcement, researchers, and policy makers attempt to better understand, regulate, and detect these novel substances, other practitioners invested in drug abuse prevention and treatment may lack the knowledge to adequately handle patients and adolescents abusing NPDs. The current study employs interviews with 64 practitioners employed in positions that interact with potential recreational substance users in southeast Georgia in order to assess NPD knowledge, placing particular emphasis on those 22 respondents employed in public health, healthcare, or educational roles. Findings indicate that knowledge about NPDs among medical and educational practitioners is lacking, much of the information they ‘know’ is inaccurate, and that practitioners clearly recognize a need for NPD training. We discuss these findings relative to their broader impact on treatment and prevention programs.     

Irrational Addicts and Responsible Pleasure Seekers: Constructions of the Drug User

Historically, drug use has been understood as a problem of epidemiology, psychiatry, physiology, and criminality requiring legal and medical governance. Consequently drug research tends to be underpinned by an imperative to better govern, and typically proposes policy interventions to prevent or solve drug problems. We argue that categories of ‘addictive’ and ‘recreational’ drug use are discursive forms of governance that are historically, politically and socially contingent. These constructions of the drug problem shape what drug users believe about themselves and how they enact these beliefs in their drug use practices. Based on qualitative interviews with young illicit drug users in Brisbane, Australia, this paper uses Michel Foucault’s concept of governmentality to provide insights into how the governance of illicit drugs intersects with self-governance to create a drug user self. We propose a reconceptualisation of illicit drug use that takes into account the contingencies and subjective factors that shape the drug experience. This allows for an understanding of the relationships between discourses, policies, and practices in constructions of illicit drug users.     

Can Courtroom Behavior Predict Recidivism? An Assessment of the Courtroom Behavior Check List for Women Presenting in Drug Court

The U.S. criminal justice system is overwhelmed with individuals affected by substance use and psychiatric disorders often co-morbid with criminal behavior. Locally, an evaluation of St. Louis downtown municipal ordinance violators found that 49 % of offenders reported mental health problems, 30 % reported alcohol-related problems, 86 % had a history of prior arrests and 71 % had failed to appear in the St. Louis City Municipal Court within the previous 2 years (Downtown St. Louis Community Court Evaluation Report, St. Louis, MO). These compounded conditions and their corresponding treatment needs are costly and complicate correctional rehabilitation efforts. Drug courts have emerged as alternative ‘therapeutic jurisprudence’ avenues designed to reduce drug use and associated individual risk behaviors. Unfortunately, there are few evidence-based measures available for rapid, onsite evaluation of an individuals’ potential for success with drug court. A new assessment tool, the Courtroom Behavior Check List (CRBCL), was developed to measure behavioral compliance in court as a predictor of future behavior, as we believed that behavior in court would predict future criminal behavior. We found scores on the CRBCL declined (e.g., improved) among the 127 women interviewed from baseline through the 8-month follow-up, and that a poorer score predicted re-arrest for a criminal offense (OR?=?2.84; 95 % CI 1.20–6.69). Based upon these findings, the CRBCL may be a useful tool to measure the likelihood of re-offending among women in drug court. Policy implications and directions for future research are discussed.     

"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.     

Development of gas chromatography–mass spectrometry (GC–MS) and other rapid screening methods for the analysis of 16 ‘legal high’ cathinone derivatives

The prevalence of so-called ‘legal high’ drugs in forensic science drug casework has increased markedly in recent years. This has given rise to both legal and analytical challenges in the identification of these substances. The requirement for validated, reliable and rapid testing methodologies for these compounds is obvious. This work reports the analysis of sixteen synthesised cathinone derivatives encountered in casework using presumptive testing, thin layer chromatography and gas chromatography–mass spectrometry (GC–MS).     

Psychoactive substances in seriously injured drivers in Denmark

This study assesses the presence of a number of psychoactive substances, including alcohol, based on blood samples from 840 seriously injured drivers admitted to five selected hospitals located in five different regions of Denmark. The study was a part of the EU 6th framework program DRUID (Driving Under the Influence of Drugs, Alcohol and Medicines). Blood samples were screened for 30 illegal and legal psychoactive substances and metabolites as well as ethanol. Danish legal limits were used to evaluate the frequency of drivers violating the Danish legislation while limit of quantification (LOQ) was used for monitoring positive drivers. Tramadol is not included in the Danish legislation therefore the general cut off, as decided in the DRUID project was used. Overall, ethanol (18%) was the most frequently identified compound (alone or in combination with other drugs) exceeding the legal limit, which is 0.53 g/l in Denmark. The percentage of seriously injured drivers testing positive for medicinal drugs at levels above the Danish legal limit was 6.8%. Benzodiazepines and Z-drugs (6.4%) comprised the majority of this group. One or more illegal drugs (primarily amphetamines and cannabis) were found to be above the Danish legal limit in 4.9% of injured drivers. Young men (median age 31 years) were over-represented among injured drivers who violated Danish law for alcohol and drugs.Diazepam (4.4%), tramadol (3.2%), and clonazepam (3.0%) were the medicinal drugs most frequently detected at levels above LOQ, whereas amphetamines (5.4%) (amphetamine [5.2%] and methamphetamine [1.5%]), tetrahydrocannabinol (3.7%), and cocaine (3.3%), including the metabolite benzoylecgonine, were the most frequently detected illegal drugs. A driver could be positive for more than one substance; therefore, percentages are not mutually exclusive. Poly-drug use was observed in 112 (13%) seriously injured drivers. Tramadol was detected above DRUID cutoffs in 2.1% of seriously injured drivers. This is 3.5 times that observed in a Danish survey of randomly selected drivers. Moreover, illegal and medicinal drug levels above the Danish legal limit were present more than 10 times as frequently as in injured drivers, whereas ethanol was present more than 30 times as frequently than in randomly selected drivers. The results indicate that there is an increased risk in traffic when driving under the influence of psychoactive drugs, especially alcohol in young male drivers.     

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.     

The Role of the United States Supreme Court in Shaping Federal Drug Policy

Through judicial review, the United States Supreme Court has played a pivotal role in deciding and/or interpreting the constitutionality of legislation. Since the passage of the Pure, Food and Drug Act in 1906, the Supreme Court’s role has been integral in formulating drug policy. In some instances, the Court’s decisions have limited the authority of the federal government, while in others have greatly expanded this authority. As a direct result of the decision-making of the Supreme Court, limitations have periodically been placed on Congress to regulate controlled substances. Many people, who were perceived as medical patients, became criminal drug users. The Court has restricted and later approved of the use of drugs during the free exercise of religion. Lastly, the Court has continually reinforced the supremacy of the federal government over the states, in turn limiting the ability of the states to consider marijuana legislative reform.     

新精神活性物质发展与管制综述

新精神活性物质具有更迭快、种类多、毒性强的特点,业已成为继传统毒品和合成毒品之后的"第三代毒品".新精神活性物质的出现对个人和公众健康构成越来越严峻的威胁,也对传统的毒品管制制度提出了巨大的挑战.为应对新精神活性物质问题,以联合国为平台的国际组织与国际社会均进行了一系列措施,我国于2015年出台《非药用类麻醉药品和精神...     

Variable adverse effects in subjects after ingestion of equal doses of Argyreia nervosa seeds

As the new drug Spice hit the market in 2006 and was a hot topic in the media, the general issue of legal highs has been brought to the attention of a large number of (young) people. One of these so called legal highs are the seeds of Argyreia nervosa, also known as Hawaiian Baby Woodrose, which contains the psychotropic alkaloid lysergic acid amide (LSA). A study was designed to assess how driving ability is affected by Argyreia nervosa. However, the study could not be continued due to severe adverse effects in 3 of 4 subjects, such as cardiovascular dysregulation in two and a psychosis like state in one subject. All of the participants recovered completely within 9h after ingestion. Despite body normalized doses interindividually highly differing reactions in type and intensity were observed. Furthermore, fluctuating alkaloid contents in seeds and multi-drug intoxications make the use of this legal high far more dangerous than commonly believed.     

新版《药品管理法》的主要内容与特色研究

经2019年8月修订后的《中华人民共和国药品管理法》的出台是国家药品管理的立法典范。它在完善卫生法律体系的立法架构下,通过采用修订立法方式,界定区分假、劣药品概念,强调信用监管,规范网络售药行为,鼓励科技创新,明确法律责任与处罚,突出法律的回应性立法特征,保障公民健康权利。法律的生命在于实施。应结合社会主义法治理念要求,建议健全药品的配套法规,严格药品监管执法,合理开展普法宣传,加强司法适用,实现"良法善治"的目的。     

Evaluation of portable gas chromatography–mass spectrometry (GC–MS) for the analysis of fentanyl,fentanyl analogs,and other synthetic opioids

Potent synthetic opioids including fentanyl and its analogs are frequently encountered in the field and require detection and identification by first responders to maintain the safety of drug abusers, first responders, health-care providers, and the public at large. Due to the low concentration at which these substances may be encountered and the complicating matrices within which they may be dispersed, the use of portable gas chromatography–mass spectrometry (GC–MS) for their identification in the field offers great potential value. This research established that portable GC–MS is a useful method for the detection and identification of a large number of synthetic opioids, especially fentanyl and its analogs. In this study, 250 synthetic opioids and related substances including 210 fentanyl analogs were analyzed using portable GC–MS. It was concluded that 225 of the 250 (90.0%) opioids analyzed were successfully detected onboard at the time of analysis and identified as either the substance (55.2%) or an analog (34.8%). These outcomes have equivalent benefit for the field analysis of illicit drugs due to both initiating the same subsequent actions by first responders.     

Inventing Drugs: A Genealogy of a Regulatory Concept

The trade in, and consumption of, illicit drugs is perhaps the archetypal ‘wicked problem’ of our time – complex, globalized, and seemingly intractable – and presents us with one of the very hardest legal and policy challenges of the twenty‐first century. The central concept of a ‘drug’ remains under‐theorized and largely neglected by critical socio‐legal and criminological scholars. Drawing on a range of primary archival material and secondary sources, this article sets out a genealogy of the concept, assembled a little over a century ago out of diverse lines of development. It is argued that the drug label is an invented legal‐regulatory construct closely bound up with the global drug prohibition system. Many contemporary features of the ‘war on drugs’ bear traces of this genealogy, notably how drug law enforcement often contributes to racial and social injustice. To move beyond prohibition, radical law and policy reform may require us to abandon the drug concept entirely.     

Crowd Situations and their Policing from the Perspective of Finnish Police Officers—a Case Study of Finnish Police Knowledge

This study explores crowd situations from the perspective of the Finnish police. The qualitative data consist of focused face-to-face interviews with police officers (n = 15). The results of these interviews indicate that special crowd control units have shifted from being an innovation to being an ordinary part of public order policing, despite the infrequent use of these units. Furthermore, police knowledge concurrently involved diversity and polarity. Crowd situations vary from political protests to sporting events and street festivals, and the police play multiple roles and apply diverse measures and tactics depending on the situation. Polarity is linked to the way the police perceive different crowds and crowd events as ‘easy’ and ‘ordinary’ or ‘difficult’ and ‘deviant’. Finally, tension emerges between national and global aspects within police knowledge. This tension is linked to how police perceive crowd events and public order policing in terms of the past, the present, and the future.     

Representing legislative Rules as Code: Reducing the problems of ‘scaling up’

We propose an approach to analysing the nature of existing legal rules, particularly legislative rules, that regards legislation as fundamentally a set of related propositions. We propose a method for representing these rules, using a coding language developed for the project that uses a quasi-natural language representation. It enables the interpreter program for that coding language to process these rules so as to produce ‘consultations’ to determine the values of goals which the legislation is capable of determining, with dialogues and explanations generated ‘on the fly’.Progress that has been made in automating this coding process to create rules in that coding language directly from existing legislation, using a pre-processor program developed for the project. This can also be described as ‘scaling up’ the production of ‘Rules as Code’ or ‘Law as Code’. If successfully developed further this has potential to make a significant contribution toward realising the practical potential of Rules as Code.We conclude there is now evidence that these processes can be generalised (‘scaled up’) to deal with the conversion or production of large bodies of legislation, and that this has considerable value. The pre-processor software is evolving rapidly, in the variety of structural forms of legislation that it can convert into the coding language, and this work will continue.Based on this experience, we also demonstrate how the drafting of legislation could be changed so that appropriately drafted legislation is directly readable and understandable by humans and also directly usable by machines. To be effective, laws drafted in this way will need to be simultaneously authoritative legislative rules and code.     

Explainable AI (XAI) in Rules as Code (RaC): The DataLex approach

The need for explainability in implementations of ‘Rules as Code (RaC)’ has similarities to the concept of ‘Explainable AI (XAI)’. Explainability is also necessary to avoid RaC being controlled or monopolised by governments and big business. We identify the following desirable features of ‘explainability’ relevant to RaC: Transparency (in various forms); Traceability; Availability; Sustainability; Links to legal sources; and Accountability. Where RaC applications are used to develop automated decision-making systems, some forms of explainability are increasingly likely to be required by law. We then assess how AustLII's DataLex environment implements ‘explainability’ when used to develop RaC: in open software and codebases; in development and maintenance methodologies; and in explanatory features when codebases are executed. All of these XAI aspects of DataLex's RaC are consistent with keeping legislation in the public domain no matter how it is encoded.     

Covenanting for Nature: A Comparative Study of the Utility and Potential of Conservation Covenants

Conservation covenants over private land are extensively used in some jurisdictions to secure a wide range of public benefits: in some cases primarily to promote nature conservation, while elsewhere to foster conservation alongside greater public access to ‘green’ space. This article considers the use of conservation covenants in New Zealand, Scotland, and England and Wales. It argues that they can play a unique role in balancing nature conservation, property rights and increased public access to private land. It reviews proposals for new legislation in England and Wales and argues that, if it is to be successful, the potential of conservation covenants to secure greater public access to private land should be more strongly emphasised. Their successful use in New Zealand shows that, while recognising the important balancing function that they can perform, this emphasis is critically important if covenants are to fulfil their potential to ‘reconnect’ people and nature.     

Legal Causes and Council in Reproductive Health

To study Judicial determinants of the ordered obstetrical and fertility interventions. Nature, corresponding laws, decisions upon the 37 expounded holdings at the Probate, Trial, District, Appellate, and Supreme Courts are studied in 92 published materials identified through the ACOG, RCOG, SOCG portals, and Legal Scholarship Repository. Hearings are held in the US (83.8 %), Canada (10.8 %) and U.K (5.4 %). Of all the hearings reviewed, 27 % concern mentally impaired, 37.8 %-maternal incompetence, and 21.6 % cases are of criminal nature. The Judicial determinants vary from country to country. In Canada, the ordered medical interventions are effected by the child protection legislation, whereas in the US, by court orders. In majority of cases, orders are obtained by dismissing the patriae petitions for involuntary sterilizations of mentally impaired sui juris adults (57 %); coerced obstetrical interventions (33.3 %), fetal custody (50 %); enforcement of surrogacy contracts (62.5 %) in favor of the Common Humanity Benefit clause; and recognizing the rights to inherit in posthumously conceived children (80 %) pursuant to the Social Security Act, Law of obviousness, Law of inherent anticipation, and Intestacy statute. Current study prioritizes two questions: (1) whether it is justified to override the wishes of a competent patient purportedly in her best interests; and (2) whether the patient’s autonomy and competence is an absolute concept. With the law unsettled as to a woman’s right to assent a treatment and contradict her fetus, parties concerned with fetal rights should consider exercising of screening tools on maternal judgmental fitness jointly developed by medical and legal practitioners. Further, given the advances in gamete conservations, states consider enacting legislation in order to safeguard the orderly administration of estates disrupted by claims from posthumously conceived children. A balance must be struck between the child’s right to inherit, the state’s interest, as well as the interests of prior born children.     

The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication

In R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd the UK Supreme Court allowed an appeal against the Court of Appeal's decision that there had been a series of legal errors in the designation of the Airport National Policy Statement. This case note analyses the case from an ‘internal’ doctrinal perspective and argues that the Supreme Court could have engaged more explicitly with the legal issues that arise from climate change legislation for administrative law adjudication. For courts to adjudicate well in such circumstances they need to be prepared to develop administrative law doctrine, particularly in light of the issues of integrating climate change into public decision-making and of scientific/policy uncertainty which lie in the background of climate change legislation.