重大突发公共卫生危机下的药品专利强制许可——现实需要、伦理因应与法律安排

新型冠状病毒肺炎于2019年底在我国爆发并迅速扩散,引发了全国性的重大突发公共卫生危机。为实现特效专利药品的充分供给,实施药品专利强制许可是最为高效的选择,不仅可以消解药品专利市场运营中所固有的“反公有地”悲剧,同时也可以有效规避药品专利国际合作中技术劫持与贸易倾轧。对于以人为本的主体性原则和与人为善的有益性原则两项伦理准则的遵循,保证了药品专利强制许可实施的伦理正义;而对于药品专利强制许可申请主体扩展和药品专利强制许可补偿标准细化两项法律完善举措的采取,则使我国药品专利强制许可机制克服了自身缺陷,能够在实践中有序运行,为重大突发公共卫生危机的化解提供制度支撑。     

Human olfactory detection of packaged cannabis

Olfactory detection of cannabis aroma by police officers can be the basis for warrantless searches of motor vehicles in many jurisdictions in the United States. The odor source in these cases is often dried cannabis flower contained in various casual wrappings as well as in more elaborate packaging. Here we investigate whether packaging format alters the detectability of the cannabis. Two cannabis strains and five packaging formats were evaluated. Untrained observers were presented with two containers and asked to identify, based only on smell, the container that held a sample of packaged cannabis (the other container held identical, but empty, packaging material). The results showed that open and casually packaged cannabis was identified with high accuracy, while material packaged in doubly vacuum-sealed plastic was correctly identified at rates no different from chance. The results may help address issues involving the detectability of cannabis aroma in law enforcement and other scenarios.     

Application of solvent microextraction to the analysis of amphetamines and phencyclidine in urine

A fast and simple method to detect some commonly abused illicit drugs, amphetamine, methamphetamine, 3,4-methylendioxy-amphetamine (MDA), 3,4-methylendioxy-methamphetamine (MDMA), 3,4-methylendioxy-N-ethylamphetamine (MDEA) and phencyclidine (PCP) in urine using solvent microextraction (SME) combined with gas chromatography (GC) analysis has been developed. The extraction is conducted by suspending a 2 μl drop of chloroform in a 2 ml urine sample. Following 8 min of extraction, the organic solvent is withdrawn into the syringe and injected into a GC with a pulsed discharge helium ionization detector (PDHID).The effects of different extraction solvents and times, pH and sample preparation were studied. The optimized method was capable of detecting drugs in urine at concentrations below Substance Abuse and Mental Health Services Administration (SAMHSA) established cut-off values for preliminary testing. Good linearity and reproducibility of extraction were obtained. The limits of detection were 0.5 μg/ml for amphetamine, 0.1 μg/ml for methamphetamine and MDA, 0.05 μg/ml for MDMA, 0.025 μg/ml for MDEA and 0.015 μg/ml for PCP. Relative standard deviation (R.S.D.) values ranged between 5 and 20% for the studied drugs.     

毒品犯罪案件中实物证据的特点和收集

实物证据是毒品犯罪案件中的一种重要证据形式,也是一种间接证据,收集难度比较大,但对于追查和打击毒品犯罪却能够发挥重要的作用。因此,办案人员不仅要了解毒品犯罪案件中实物证据的特点和种类,而且还要遵循一定的收集程序和规范,以便更有效地打击毒品犯罪。     

STR genotyping of DNA extracted from used Triage kits

This study examined whether short tandem repeat (STR) genotyping can be performed using DNA remaining in Triage kits used to screen for drugs of abuse in urine. STR genotyping was successful for 15 loci using 12 kits stored for 1–6 months at room temperature. These results suggest that STR genotyping for human identification can be performed using DNA extracted from used Triage kits.     

A Prospective Examination of the Path from Child Abuse and Neglect to Illicit Drug Use in Middle Adulthood: The Potential Mediating Role of Four Risk Factors

This study examines prostitution, homelessness, delinquency and crime, and school problems as potential mediators of the relationship between childhood abuse and neglect (CAN) and illicit drug use in middle adulthood. Children with documented cases of physical and sexual abuse and neglect (ages 0–11) during 1967–1971 were matched with non-maltreated children and followed into middle adulthood (approximate age 39). Mediators were assessed in young adulthood (approximate age 29) through in-person interviews between 1989 and 1995 and official arrest records through 1994 (N = 1,196). Drug use was assessed via self-reports of past year use of marijuana, psychedelics, cocaine, and/or heroin during 2000–2002 (N = 896). Latent variable structural equation modeling (SEM) was used to test: (1) a four-factor model with separate pathways from CAN to illicit drug use through each of the mediating risk factors and (2) a second-order model with a single mediating risk factor comprised of prostitution, homelessness, delinquency and crime, and poor school performance. Analyses were performed separately for women and men, controlling for race/ethnicity and early drug use. In the four-factor model for both men and women, CAN was significantly related to each of the mediators, but no paths from the mediators to drug use were significant. For women, the second-order risk factor mediated the relationship between CAN and illicit drug use in middle adulthood. For men, neither child abuse and neglect nor the second-order risk factor predicted drug use in middle adulthood. These results suggest that for women, the path from CAN to middle adulthood drug use is part of a general “problem behavior syndrome” evident earlier in life.

浅析摇头丸滥用的历史沿革及其危害

吸食、滥用摇头丸,不仅给个人造成巨大的经济损失和人体的危害,而且带来一系列社会问题,已经成为影响经济社会协调发展、构建和谐社会的一大隐患。要让人们更多地了解摇头丸的有关知识,以此增强自觉抵御摇头丸的能力,从而遏制摇头丸在我国的滥用和蔓延。     

Temperance Culture and the Repression of Scientific Inquiry Into Illegal Drug‐Altered States of Consciousness

American scientific inquiry into the understandings of drug‐altered states of consciousness is underdeveloped primarily because government regulations embedded within a temperance culture has repressed it. Despite preliminary evidence of the therapeutic value of altered states of consciousness associated with the use of illegal drugs to both physical and mental health, science has been able to do little to understand this potential. Within this essay, we examine the influence of this temperance culture on government regulations and its impingement on scientific practice in the study of illegal drug‐altered states of consciousness as the explanation for much of the failure of science to adequately explore these lines of inquiry. Much of our analysis is based upon examples from research in the area of alcohol studies, as the temperance movement arose primarily in response to this particular drug.     

Fantasy depictions of child sexual abuse: The problem of ageplay in Second Life

Abstract

This paper explores the arguments put forward for prohibiting the possession of fantasy images of child sexual abuse within the Coroners and Justice Act 2009, and applies them to sexual ageplay in Second Life. Sexual ageplay is the virtual act of simulating child sexual abuse using animated child characters operated by consenting adult users. The arguments underpinning the legislation centre on the issue of harm and the relationship between online, virtual behaviour and real world contact offences. It is argued that extant research does not support a causal connection, although some work on fantasy offence planning and online paedophilia chat groups suggests a link. Due to the lack of empirical work in the area it is concluded that legislation to criminalise such behaviour on grounds of harm causation is currently unjustified, although prohibition of sexual ageplay for known sex offenders is recommended. Further research into the extent, use and effects of sexual ageplay is required.     

Changing Control of the Open Drug Scenes in Oslo— Crime,Welfare, Immigration Control,or a Combination?

Over the last few years there has been a societal move away from a perception of drug users as criminals to a perception of the users as sick. Contrary to what one may expect from such a change, reported drug crimes against the penal code are at record-high levels. It is the contradictory inherent in these tendencies that will be emphasized and highlighted in this article. The open drug scenes in Oslo and the police control of the scenes have changed. During the last few years there has been a growing element of foreign citizens in the drug scenes, and the police control has focused on the foreigners. Could part of the explanation of the contradictions be that there is a differentiation of how the different users are handled? Are there different forms of social control employed toward Norwegian and foreign actors in the open drug scenes? This article puts forward arguments that this is actually the case, driven by a consistent association of foreign actors in the drug scene with organized crime, and a stricter Norwegian legislation and approach to immigration questions, with a tendency toward a conflation of immigration and criminal law.