Drug Law Research Articles

The Role of The Courts in The Application of Criminal Policy to Reduce Drug Crimes

The Iraqi judiciary has been keen to reduce crimes in general, and has paid a high degree of attention to drug crimes, because of their negative effects on the entire society, as the weakness of the state apparatus in general, and the spread of terrorist groups, in the past twenty years have led to an increase in these crimes, which prompted the Iraqi legislator to update the Drug Law No. ( 68 of 1965 ) by legislating the Drugs and Psychotropic Substances Law No. ( 50 of 2017), in addition to taking preventive measures concurrent with punitive measures, by working to create an environment free of elements that encourage the commission of this type of crimes, by removing the factors and circumstances that can contribute to the formation of the criminal personality. However, the judiciary has worked hard to reduce these crimes by forming courts specialized in the crimes of drugs and psychotropic substances in each governorate, and imposing the most severe penalties and measures on the perpetrators of this type of crimes.

Psychomodulatory substances: New legislative framework for control of psychoactive substances in Czechia

This article challenges drug prohibition advocated by UN conventions as the prevailing regulatory model for psychoactive substances, highlighting its ineffectiveness, harmfulness and outdated nature. At the same time, the conventions exclude some psychoactive substances from international regulation, leaving control to individual countries. Presenting an innovative approach, this article outlines an approach to the legal regulation of psychomodulatory substances (psychoactive substances with low health and societal risk) in non-medical contexts. Acknowledging the potential benefits of such psychoactive substances and balancing them with potential harms, it suggests stringent rules for marketing, safety, and preventing sales to minors. This approach aims to quell illicit markets, safeguard vulnerable populations, and encourage controlled use. Through a case study of the Czech Republicʼs introduction of a new category of psychomodulatory substances, this article showcases a paradigm shift from the prevailing repressive approach to drug regulation. This adaptive model effectively navigates the regulatory void, offering a viable alternative to the UNʼs prohibition framework.

Misrepresentation of MDMA in the United States, 1999–2023

Background and AimsThe misrepresentation of illicit drugs in unregulated markets increases the risk of adverse health events. This study analyzed drug checking data to compare represented, expected, and actual content of alleged MDMA samples, estimate trends in the quality of the MDMA supply, document the presence of adulterants, compare patterns of adulteration, and validate drug checking against law enforcement data.Methods: The study analyzed 4,719 alleged MDMA samples submitted to the DrugsData drug checking service between 1999–2023. Measures captured characteristics and quality of the MDMA supply, including represented content, expected and actual content, sample form, and specific adulterants. Tests of association were conducted using Pearson’s chi-square or Spearman’s rho, and tests for trends were performed using joinpoint regression. Findings. Most samples (75%) were expected to contain MDMA, but this varied significantly by represented content (p<0.001). About half the samples (48%) contained MDMA-only, which also varied significantly by represented content (p<0.001). MDMA-only prevalence declined from 1999–2009 (57.4% to 15.2%, p<0.05), recovered from 2009–2017 (15.2% to 56.0%, p<0.05), and increases more moderately from 2017–2023 (56.0% to 74.1%, p<0.05). Overall, 199 unique adulterants were detected in the MDMA supply across 25 years. We confirmed robust correlations in adulterant prevalence trends between drug checking and law enforcement seizure data. Conclusions. While users typically expected alleged MDMA samples to contain only MDMA, more than half of the submitted MDMA samples were misrepresented in some manner. Despite high levels of misrepresentation, MDMA quality has stabilized at relatively high levels in recent years.

CRIMINOLOGICAL ANALYSIS OF FEMALE IMPRISONMENT FOR DRUG TRAFFICKING

This article aims, as the proposed theme suggests, to analyze the crime of drug trafficking committed by women, critically verifying the conditioning factors of female criminality. The research question that guides this research is: what factors condition the entry of women into the practice of the crime of drug trafficking? Based on the question presented, the phenomenon of female criminality in drug trafficking was analyzed from a critical perspective, seeking to understand, through studies of marginal feminist criminology and theories that justify entry into criminal activity, the main motivations that influence women's entry into the crime in question. Once the research problem was overcome, alternatives capable of producing positive effects regarding the reduction of female incarceration for drug trafficking were sought, highlighting that decarceration measures present themselves as a possible solution to the problem, since the current prohibitionist drug policy is ineffective. Thus, to achieve the results obtained in this research, the following methodological techniques and procedures were used: i) bibliographic review in works of social sciences, criminal law and criminology, as well as authors who focus on women's relationships with crime from a feminist theoretical framework; ii) analysis of quantitative and qualitative data extracted from official bodies, paying attention to the limitations they present, since there is a great restriction of information.

Poppers, the Politics of Exemption and the Characteristics of Poppers Users in the annual English Festival Study, 2014–23

Abstract This paper explores the relationship between socio-demographic characteristics, self-reported alkyl nitrite (‘poppers’) use and sexual behaviours against a backdrop of UK policy change and ambiguity surrounding legal status. In 2024, the Advisory Council on the Misuse of Drugs recommended a unique, government-initiated, legal exemption from the Psychoactive Substances Act 2016 for poppers, because of its use by gay and bisexual men to reduce the risk of injury during anal sexual intercourse. Data from the annual convenience sample English Festival Study 2014–23 (n = 11,566) were used for Bayesian regression analyses of self-reported poppers use in three-time frames: lifetime, past year and past month use. Gay men were significantly more likely to report poppers use and particularly those reporting past-year participation in anal sex. Providing a critical analysis of recent trends in UK drug policy, the authors highlight how differential discrimination occurs within drug control where targeted exemption meets the politics of protected characteristics in UK law. This paper argues that poppers, therefore, provide a unique example in UK drug policy of how an apparent liberalization of legislative control could bolster the overarching drug prohibition regime while maintaining the appearance of rationality and fairness.

The Changes in Drug Laws to Apply the Death Penalty for Drug-Related Offences in Vietnam

Vietnam has a history of executing individuals for particularly serious crimes. Applying the death penalty for drug-related crimes has sparked considerable debate since the first criminal code in 1985. Vietnam has retained this toughest punishment as one of the deterrent methods to combat drug trafficking in the last three decades. However, as a retentionist-and-reductionist state, Vietnam abolished capital punishment for several crimes in the last code (2015), including drug possession and appropriation. The application of the death penalty for drug offences in Vietnam has evolved in response to international standards and the country’s global integration. Despite these changes, the death penalty remains a contentious issue in Vietnam, with the country maintaining its right to use it in its criminal code system. The path towards the complete abolition of capital punishment for drug offences is still uncertain because this complex issue involves political, legal, and social aspects in Vietnam’s context, particularly when the Communist Party’s ideologies still prefer a supply-driven reduction. This study uses personal reflections from over 20 years to focus and combine with the grey literature from national reports and desk-study in Vietnam’s legislative documents. Seven specific thoughts with relevant recommendations in the last section will explain why we should need further evidence to (re)call for consideration to reduce the death penalty for drug offences before requesting/asking Vietnam to abolish these concerns immediately.

When citizens legalize drugs

The demand for drug legalization is remarkably heterogeneous across countries and over time. A theory is presented to show that ruling politicians can influence this demand by choosing the level of enforcement of drug laws which will influence their exposure to drug use and their views on legalization. If legalization has, overall, expected social benefits, politicians opposed to it will adopt a higher level of law enforcement than politicians in favor. In this case, the level of law enforcement is excessive with respect to the optimal level. If instead, legalizing the drug has overall expected social costs, then the opposite will be the case. The examples of the Netherlands and the US are used to test the model.

Lived Experiences of Philippine National Police Drug Enforcers in the Eastern Visayas Region

Fighting illegal drugs adds a great deal of complexity to law enforcement, requiring officers to deal with a wide range of issues that go far beyond simply apprehending criminals. The research endeavor sought to investigate the experiences of Philippine National Police drug enforcers operating within the Eastern Visayas region. It set out to comprehensively examine the challenges encountered in implementing anti-illegal drug laws across six provinces and the subsequent strategies to navigate challenges. The phenomenological research design and purposive sampling were employed. The nine police drug enforcers based in Southern Leyte, Leyte, Eastern Samar, Biliran, Northern Samar, and Samar participated in the study. The research methodology predominantly relied on qualitative interviews to gather data. The findings highlighted a multitude of challenges faced by police drug enforcers, including obstacles in case development, limited resources, interpersonal variances among leaders and team members, and adverse feedback from the subjects’ relatives and the wider community. Notwithstanding these challenges, the enforcers demonstrated resilience by upholding strong work ethics, optimizing their resources for anti-illegal drug operations, fostering camaraderie, and nurturing positive relationships within the community. Furthermore, the study underscored the necessity for advocating increased budgetary allocations, enhanced mobility, and fortified armaments for anti-drug operations to safeguard the well-being and security of the enforcers. In addition, the research proposed an intervention program to strengthen the implementation of anti-illegal drug laws in the Eastern Visayas region. Keywords: Criminal justice education, Anti-illegal drug law, lived experiences

Drug Abuse Among Elementary School Children: a Narrative Review of Implications For Islamic Ways of Prevention

Elementary education is the key to further education. Drug abuse is a troubling issue in most societies, involving the misuse of drugs, such as using them without a prescription or just to cause intoxication. The aim of this study is to review the implications of drug abuse from the perspective of Islamic prevention methods. The study uses a qualitative method with a narrative review technique. The findings show that drug abuse has many negative impacts on both users and passive members of society. Muslim communities are also not spared from the grip of drug abuse, necessitating a religious-based intervention. Although education at the elementary level and beyond offers significant benefits, drug abuse poses an obstacle to achieving educational goals for children. Due to their vulnerabilities and lack of experience, children often fall into drug abuse. Drugs are substances that can alter bodily conditions. Children may be drawn into drug abuse due to various factors, such as peer pressure, lack of experience, genetics, environment, and others. Drug abuse can affect physical health, cause mental health problems, disrupt education, and create numerous social issues. Parents who adhere to Islamic laws in parenting can significantly reduce drug abuse among children. Following Islamic laws, such as the prohibition of drugs, will certainly address drug abuse among children in society.

Mournful Mothers and Damaged Damsels: Are We Really Listening to Women During Parliamentary Human Rights Scrutiny?

Scrutiny regimes in some Australian parliaments require consideration of human rights impacts of proposed legislation, but routinely ignore gendered impacts of legislation, particularly those relating to alcohol and other drugs. Where women's voices are heard, they are often only listened to according to stereotypes. Drawing on Anne Summers’ work on stereotypes of Australian women, an analysis of reports and hearing transcripts from major parliamentary inquiries into drug law reform, and in-depth interviews with those involved in parliamentary human rights scrutiny, we argue that parliamentary scrutiny regimes perpetuate paternalistic accounts of women to be pitied or punished: the ‘mournful mother’ whose child is affected by alcohol or other drugs and needs to be heard, and the ‘damaged damsel’ who is themselves affected by alcohol or other drugs and needs to be protected. This raises the question: are women listened to during parliamentary scrutiny processes or simply talked about in stereotypical ways?

The Lull Before the Storm? Criminal Justice, Crime and Incarceration in Russia (2000–2020)

The article reviews the design of the criminal justice system and trends in crime in Russia over the last two decades (2000–2020). First, we argue that the criminal justice system is built upon the idea of meeting quotas, which ensures its accountability to the Russian state and downplays its transparency and crime-control efficiency. Second, we analyse recent crime trends and argue that Russia has experienced a long-term drop in crime. Finally, we overview the available evidence on the enforcement of drug laws and the operation of the prison system in Russia.

Illicit Drugs, Organised Crime, and Violent Extremism: Addressing the Nexus, Countermeasures, and Implications

This article explores how illicit drug traffickers, organised criminals, and violent extremists interact along intricate pathways to perpetrate their illegal activities and recommends how security agents, especially the National Drug Law Enforcement Agency (NDLEA) can better tackle the activities of illicit drug racketeers linked to organised criminal groups and violent extremists. Against this backdrop, the article provides an analysis of the association between illicit drugs, organised crime, and violent extremism. The study was an exploratory research design, carried out in Tsafe Area of Zamfara State. It was conducted using a Key Informant and In-depth Interview. The research was conducted using the snowballing sampling method. Findings revealed that while efforts to curtail the phenomenon are ongoing, the linkages are getting stronger daily. Therefore, to combat the increasing activities of these organised criminal groups, the article recommends a multi-sectoral and “whole systems” approach using modern technology, and synergy among agencies of government, as well as non-governmental stakeholders, who have the wherewithal to support actions being undertaken by the government.

The Connection Between Drug-Related Detentions and Drug-Related Violence: Another Failure of the War on Drugs in Mexico

ABSTRACT This paper analyses the relationship between drug-related detentions for possession or petty dealing and drug-related violence. Two theoretical mechanisms are explored: (i) when a dealer is detained, the market is disrupted, and competition increases; (ii) when a consumer is detained, other consumers are deterred and seek new dealers, generating competition among groups and, consequently, increasing violence. These hypotheses are quantitatively evaluated using geocoded data from local San Luis Potosí, Mexico markets. Results suggest a relationship between drug-related violence and detentions occurring in a nearby location. These results emphasize the inefficacy of drug law enforcement strategies for reducing violence related to illegal drug markets in local settings and open the discussion for exploring different policies to reduce violence related to organized crime and the harms associated with illegal drug consumption.

Prospects of emerging 3D bioprinting technologies: major startup companies and regulatory issues for human use—part II

Abstract In its highly developed form, the evolving three-dimensional (3D) bioprinting technology aims to create 3D structures with living cells to mimic real tissue and organ functions. It would offer significant benefits across research, personalized medicine, and multiple other applications when adequately developed for human medicine. Presently, more technological activities are witnessed in North America, followed by Europe, Asia Pacific countries, Israel among the Middle East countries, and some South American countries. Around 75 commercial companies are active in 3D bioprinting, with only about a dozen making significant commercial progress. This number is expected to rise phenomenally as breakthroughs in manufacturing and the safe use of 3D bioprinted tissues and organs emerge. Legal frameworks for 3D bioprinting will likely be established, incorporating additions to existing drug laws once countries like the United States of America authorize using 3D bioprinted products in personalized medicine. The demand for 3D bioprinting products is rising based on expectations of future benefits. Therefore, intense research and development activities are ongoing, resulting in demands for the supply of research materials. The legal framework still needs to be put in place for the commercial use of 3D bioprinted tissues and organs in personalized medicine; therefore, laws are to be created for their safe use. This review provides a flavor of the evolution of 3D bioprinting startup companies globally using these technologies.

호주의 불법 마약 관련 법과 통제정책:한국과의 간략한 비교

This paper provides a comprehensive overview of Australian drug laws, highlighting the evolution of laws from the late 19th century to the present, and comparing them with South Korean drug policies. It begins by exploring the historical context of Australian drug laws, highlighting the shift from minimal intervention in the late 19th century, characterized by the widespread use of drugs like opium and morphine, to more stringent drug control policies in the early 20th century. This change was influenced by international developments and domestic concerns, notably racial prejudices and the rise of international drug conventions. The paper then delves into the legal frameworks governing drug offences in Australia, explaining the interplay of federal and state laws. It outlines the specific provisions and penalties, with an emphasis on the Criminal Code Act 1995(Cth) and the definitions of serious drugs. A detailed examination of drug offences under Federal law is provided, including distribution, production, import-export and possession offences, along with their respective penalties. Furthermore, the paper discusses the enforcement and prosecution of drug laws in Australia, detailing the roles of law enforcement agencies, the prosecution process, and the judiciary's role in interpreting and applying these laws. It also highlights the shift in Australian drug policy towards harm reduction and public health approaches. This section includes case studies of harm reduction initiatives in Australia. A notable aspect of the paper is the comparison between Australian and South Korean drug laws, elucidating their similarities and differences. While both countries adopt a strict stance on illicit drugs and have similar drug classification systems, they differ in their approach to personal use and possession, harm reduction focus, legal status of cannabis, and cultural perceptions of drug use. The paper concludes by emphasizing the complexity of drug legislation and policy in Australia, shaped by international conventions and domestic priorities. It notes that Australian drug laws strike a balance between prohibition, control, and public health, providing valuable insights for international audiences. The paper also recognizes the dynamic nature of Australian drug law, suggesting that its evolution could significantly influence global drug policy, especially with emerging challenges like synthetic drugs and online drug trafficking.

MicroRNA expression profile of chicken liver at different times after Histomonas meleagridis infection

Histomonas meleagridis, an anaerobic intercellular parasite, is known to infect gallinaceous birds, particularly turkeys and chickens. The resurgence of histomonosis in recent times has resulted in significant financial setbacks due to the prohibition of drugs used for disease treatment. Currently, research on about H. meleagridis primarily concentrate on the examination of its virulence, gene expression analysis, and the innate immunity response of the host organism. However, there is a lack of research on differentially expressed miRNAs (DEMs) related to liver infection induced by H. meleagridis. In this study, the weight gain and pathological changes at various post-infection time points were evaluated through animal experiments to determine the peak and early stages of infection. Next, High-throughput sequencing was used to examine the expression profile of liver miRNA at 10 and 15 days post-infection (DPI) in chickens infected with the Chinese JSYZ-F strain of H. meleagridis. A comparison with uninfected controls revealed the presence of 120 and 118 DEMs in the liver of infected chickens at 10 DPI and 15 DPI, respectively, with 74 DEMs being shared between the two time points. Differentially expressed microRNAs (DEMs) were categorized into three groups based on the time post-infection. The first group (L1) includes 45 miRNAs that were differentially expressed only at 10 DPI and were predicted to target 1646 genes. The second group (L2) includes 43 miRNAs that were differentially expressed only at 15 DPI and were predicted to target 2257 genes. The third group (L3) includes 75 miRNAs that were differentially expressed at both 10 DPI and 15 DPI and were predicted to target 1623 genes. At L1, L2, and L3, there were 89, 87, and 41 significantly enriched Gene Ontology (GO) terms, respectively (p<0.05). The analysis of differentially expressed miRNA target genes using KEGG pathways revealed significant enrichment at L1, L2, and L3, with 3, 4, and 5 pathways identified, respectively (p<0.05). This article suggests that the expression of liver miRNA undergoes dynamic alterations due to H. meleagridis and the host. It showed that the expression pattern of L1 class DEMs was more conducive to regulating the development of the inflammatory response, while the L2 class DEMs were more conducive to augmenting the inflammatory response. The observed patterns of miRNA expression associated with inflammation were in line with the liver's inflammatory process following infection. The results of this study provide a basis for conducting a comprehensive analysis of the pathogenic mechanism of H. meleagridis from the perspective of host miRNAs.

“The Law is too Grey”: Liminal Legality and Moral Injury in Encounters with Drug Law Enforcement

Overdose mortality and the legitimacy crisis facing policing have propelled momentum for drug law reform. Yet, resulting reforms and associated protections are often functionally undermined by enforcement practices and the legal environment faced by people who use drugs. To explore this tension, we conducted a community-based study in Ontario, Canada. Our findings show that people's experiences of policing at overdose events reflect a legal regime characterized by their ambiguous legal status and uncertain protections. We argue that the resulting state of liminal legality is enacted in large part through police discretion and the uneven distribution of enforcement practices across spaces and populations; individuals compensate for this legal environment by mobilizing their knowledge of legal risks. Together, these expressions of law and drug enforcement generate substantial moral injury among people who use drugs.

Collateral Consequences: The Effects of Justice Processing for Violations of Drug Laws in New York City

Collateral Consequences: The Effects of Justice Processing for Violations of Drug Laws in New York City

Criminal Law Policy (Penal Policy) in the Formulation of Criminal Sanctions Against Narcotics Crimes in Indonesia

To overcome the problem of drug crimes, it is necessary to have a criminal law policy (penal policy). This policy must be concentrated on two things, the first is aimed at applicable policies, namely policies on how to apply the criminal law laws and regulations currently in force in order to deal with drug problems and the second is formulative policies or policies that lead to reform of criminal law (penal law reform) namely policies on how to formulate criminal law legislation which is also related to the concept of the new Criminal Code (KUHP), especially in the context of tackling drug crimes in the future. This research uses a descriptive analysis methodology with a normative juridical approach with secondary data sources. It is hoped that the results of this research will be able to provide answers regarding the most appropriate form of sanctions to be applied to perpetrators of drug crimes. The policy of formulating criminal sanctions according to the drug law in the future for perpetrators of drug crimes in Indonesia is in line with the general provisions contained in the National Criminal Code (KUHP) Concept and in accordance with the decision of the Constitutional Court regarding the death penalty provisions, taking into account: The death penalty is no longer a crime. principal, but as a special and alternative punishment, the death penalty can be imposed with a probationary period of ten years which, if the convict behaves commendably, can be changed to life imprisonment or 20 years g. The death penalty cannot be imposed on children who are not yet adults. The execution of the death penalty against pregnant women and someone who is mentally ill is postponed until the pregnant woman gives birth and the mentally ill convict recovers.

Golden Triangle to Bangladesh: Regional Analysis of ATS Sources, Trafficking Routes and Kingpin Involved, and Role of Regional Organizations

Background: Beyond traditional routes to East and Southeast Asia, Excessive ceaseless flow of ATS (yaba/crystal meth) and synthetic drugs in South Asia especially Bangladesh are the new dimension of drugs which have little study of its sources, routes, prices and the kingpin involved to ATS trafficking and production. Security forces have been taking stringent action for the non-conventional security threats including ‘war on drug’. Large information and reasoning gaps are seen which influenced to find the source of ATS, its trafficking routes, its prices and role played in Bangladesh and the region. The research aimed to identify the major sources, trafficking routes of ATS, prices level &amp; economic impact, Kingpin involved and to explore its different regional implications for national and regional level decisions.Methods: A long array of national and international reports, publications etc. reviewed and analyzed. 300 face to face interview survey to drug law enforcement officers, drug dealers and drug consumers with many more qualitative &amp; quantitative interviews.Results: ATS (yaba/crystal meth) problem for Bangladesh and most South Asian countries are intertwined with Golden Triangle drug problems. Potential new drug production &amp; trafficking prone regions such as ‘Black Triangle’ have been becoming sources of ATS for South, East and Southeast Asia. Myanmar non-state ethnic actors, Myanmar military affiliated militias &amp; BGFs, Chinese-Myanmar-India-Bangladesh etc. transnational syndicates involved and per piece of yaba has become as minimum as less than USD $1 dollar.Conclusion: Golden Triangle, especially Myanmar Shan State with expanding trafficking region, anarchic situations and military policies are continue breeding drugs that linked to different routes and actors, changing environment changes sources, routes and actors.