|
Resolution
04-01 State Regulation and
Control of Psychoactive Substances Whereas
the Washington State Public
Health Association, as part of a coalition of professional and civic
organizations, has been promoting a public health approach to the
chronic societal problem of substance abuse, encouraging public
investment in research, education, prevention and treatment as a more
effective alternative to the use of criminal sanctions; and Whereas
the coalition includes the
King County Bar Association, the King County Medical Society, the Church
Council of Greater Seattle, the Loren Miller Bar Association, the
Municipal League of King County, the Seattle League of Women Voters, the
Washington Academy of Family Physicians, the Washington Osteopathic
Medical Association, Washington Physicians for Social Responsibility,
the Washington Society of Addiction Medicine, the Washington State Bar
Association, the Washington State Medical Association, the Washington
State Pharmacy Association, the Washington State Psychiatric Association
and the Washington State Psychological Association; and Whereas
the coalition has established
over a dozen task forces and committees comprising hundreds of
participants including lawyers, judges, doctors, pharmacists, law
enforcement officers, elected and appointed public officials, health
care professionals, drug treatment specialists, scholars, educators,
leaders of civic organizations and others who, together with full-time
professional staff, have spent thousands of hours over three years
investigating and analyzing the problems arising from the prohibited use
and sale of certain psychoactive substances, especially the problems
arising from the operation of the illegal markets in which such
substances are exclusively produced and distributed; and Whereas
the task forces and committees
have concluded that current drug control policies are fundamentally
lawed and have given rise to devastating societal impacts, including: 1.
Rates of prohibited substance use and of crime related to prohibited
substances that have failed to decline or have actually increased during
the current period of intensified law enforcement and incarceration,
including children experimenting with more dangerous substances at
younger ages; 2.
Soaring public costs on the federal, state and local levels arising from
the continued use of harsh criminal sanctions related to prohibited
psychoactive substances, contributing to the overcrowding of jails and
prisons and draining public coffers of the resources needed for
investment in local communities and for the provision of essential
services; 3.
Impaired administration of justice from the continuous flow of drug
cases clogging the courts and causing undue and sometimes prejudicial
delays in the investigation and prosecution of non-drug-related criminal
matters and in the processing of civil matters; 4.
Undermining of public health, including the transmission of blood-borne
diseases, the uncontrolled distribution of impure and hazardous
substances, and the development of high-potency,
synthetic substances that are more easily concealed but are more harmful
to health, as well as the inhibition of users of prohibited substances
from seeking medical attention for chemical dependency and addiction; 5.
Adverse effects of drug law enforcement on vulnerable and unpopular groups
in society through the disproportionate arrest and incarceration of ethnic
minorities and the poor, causing the disruption of families and the
interference with or denial of educational, employment and housing
opportunities, and exacerbating the social conditions that are associated
with chemical dependency and addiction; 6.
Compromises in the protection of citizens’ constitutional rights as a
result of stepped-up law enforcement and penalties related to prohibited
substances, impinging upon individual privacy rights and depriving persons
convicted of drug offenses of the right to vote and other civil rights;
and 7.
Loss of respect for the law arising from public sentiments that the
dangers of certain prohibited substances are overstated, that the
penalties are unjust and that the attempt to coerce abstinence through the
use of criminal sanctions is a futile public objective. Therefore
Be It Resolved that the
Washington State Public Health Association has concluded that the
unrelenting demand for prohibited psychoactive substances has fostered and
strengthened highly profitable illegal markets for the production and
distribution of such substances, and that the operation of such illegal
markets is a proximate cause of the devastating societal impacts
enumerated above; and Be
It Further Resolved that WSPHA
believes the establishment of a state-level system of regulatory control
over psychoactive substances that are currently produced and distributed
exclusively in illegal markets, intended to render such illegal markets
unprofitable, restrict access to psychoactive substances by young persons
and provide prompt health care and essential services to persons suffering
from chemical dependency and addiction, will substantially reduce the
negative impacts of current policies; and Be
It Further Resolved that, toward
the objectives of reducing crime and improving public order, enhancing
public health, better protecting children and using scarce public
resources more wisely, the Washington State Public Health Association
calls on the Washington State Legislature to take the following actions: 1.
To establish regulatory systems and structures for the State of Washington
to control psychoactive substances that are currently produced and
distributed exclusively through illegal markets, including regulation of
manufacturing, transportation, storage, purity and product safety,
limitations on sale and other transfer, labeling, pricing and taxation,
requirements of medical supervision, limits on advertising, and the civil
and criminal enforcement of such regulations; and 2.
To authorize a special consultative body comprised of experts in
pharmacology, medicine, law and law enforcement, as well as public
officials and civic leaders, including delegates from the leadership of
each caucus in the House and Senate, to provide specific recommendations
for legislation to accomplish the purposes set forth in paragraph (1)
above and, in so doing, the consultative body shall address and consider, inter
alia, the following: a.
The prohibition of and sanctions for the unlicensed manufacture of state
controlled psychoactive substances; b.
The prohibition of and sanctions for the distribution or delivery of state
controlled psychoactive substances by or to unauthorized persons; c.
The establishment of age-related restrictions on availability; d.
The determination of the degree to which state-controlled substances may
be made available to authorized recipients and in what forms,
concentrations and quantities; e. The determination of the degree to which
medical supervision or other restrictions may be necessary to minimize the
harm associated with the misuse of such substances; f.
The regulation of state-licensed facilities for state-controlled
substances to eliminate incentives to promote the use of such substances
or to divert them into an illegal market; g.
The prohibition or limitation of the display and use of state-controlled
substances in some or all public places; h.
The prohibition or strict limitation of any commercial advertising or
promotion of state-controlled substances, to the extent permitted by the
First Amendment, and the promotion of publicly-sponsored counter
advertisement to educate the public about the risks and potential harms
from the use of such substances; i.
The provision of current, scientifically-based information to recipients
of state-controlled substances, including counseling about the particular
risks and adverse effects of the use of any such substance and about the
availability of treatment for chemical dependency or addiction; j.
The dedication of net proceeds from the sale of state-controlled
substances, and of net proceeds from the collection of civil and criminal
penalties, for use by the State of Washington to invest in substance abuse
prevention, treatment, research and education programs; k.
Pricing structures for state-controlled substances that compensate the
state for the administration of the regulatory framework and that
maximizing funding for prevention, treatment, research and education,
while maintaining price levels low enough to render any illegal markets
for such substances unprofitable; and l.
Provisions for ongoing regulatory oversight, civil and criminal
enforcement, and legislative advice by the state agency or agencies
charged with regulating state-controlled substances. Be
It Finally Resolved that the
Washington State Public Health Association will transmit this resolution
to the Washington State Legislature in advance of the 2005 legislative
session and urges the Washington State Legislature to consider and enact
the recommendations herein. |