Legal synthetic drugs leading to arms race of prohibition

Few things underscore the failure of the war on drugs quite like the, well… failure of the war on drugs.

Two mornings ago I read in the press Synthetic drugs banned ahead of schoolies.

Attorney-General Paul Lucas said a further 19 cannabinoids, which are used to make fake illicit drugs such as the synthetic cannabis Kronic, have been outlawed. Mr Lucas said anyone caught selling them now risked between 15 and 20 years in jail.

Ten hours later I read Synthetic drugs seized ahead of schoolies, as police raided business across the Gold Coast to remove the obvious supply of, but not the demand for, synthetic drugs. No problems. Kids can go back to buying regular pot supporting organised crime in the time honored fashion. Perhaps amphetamine type stimulants (ATS) like ecstasy (or their safer legal cousins) will soon be managed identically, literally placing kids lives at risk.

Trying to terrify a nation Detective Superintendent Steve Holahan lies, “They’ve contained pesticides, crushed glass – extremely dangerous for human consumption.” Then, even though kids will now buy from organised crime figures with corrupt connections, zero accountability, no business to legally maintain and nothing in mind but an easy quick dollar we get Poe’s Law:

“Anything that you don’t know what it contains, should sound alarm bells straight away,” he said. “I really can’t emphasise enough, don’t ingest something that you don’t know what it contains.

“People need to understand they’re taking a very real risk both for their personal health…”.

In this 60 Minutes clip examining the status of “legal highs” – synthetic drugs that do not fall under the various misuse of drugs, or drug misuse and trafficking acts – vision of police savaging illegal cannabis growers struck me like never before. The recognition of futility, posturing and wasted public money was there. Yet more and more the anger I used to feel has given way to vague annoyance toward these pitiful people dressed up in action costumes to engage in what is a demonstrably futile endeavour.

Perhaps my annoyance peaked when NSW Drug Squad Chief, Nick Bingham angled to plead tough on “legal” drugs. He first admits to the difficulty of policing drugs that are not illegal then offers:

We have enough legal drugs on the market. We have tobacco, we have alcohol, we have your benzodiazapines. Why do we want to open up an avenue of all these synthetic substances to make them legal as well?

Er, firstly benzodiazapines area a prescription medication. Why not just rattle off the entire edition of MIMS there Nick? Next, there is no safe level of tobacco consumption. Which leaves alcohol – the most abused mind altering drug in the developed world clocking up a cost to public health that is approximately 15 times that of illicit drugs and once again wasting public money in policing violence. Lastly, regarding drugs that can’t be legally seized without legislative change there is no evidence anywhere of “opening up an avenue… to make them legal as well”.

Readers may remember back in June I covered the inaccurate “anecdotal” claims made by Steve Fielding on June 22nd in Questions without notice as he hassled Attorney-General Representative, Senator Joe Ludwig over what he intended to do nationally about Kronic. Fielding’s hysteria aside we still have no evidence to back his horror stories about what NSW health minister, Kevin Humphries told ABC Lateline was a “synthetic psychotic drug”. Indeed, despite years of sensational press and conservative panic the risk of chronic psychosis in people genetically predisposed to schizophrenia is roughly around one in 15,000 of regular smokers of illegal cannabis.

Of course, Fielding’s frown and Ludwig’s lament did nothing. It turns out Kronic derivatives remain legal and misunderstood. Colin Barnett, perhaps Australia’s most daring and dashing politician on the topic of illicit drugs banned Kronic in June promising maximum sentences of 25 years. Rather than understand the drugs and manage any issues we have simply enforced ignorance and expanded the supposed problem.

Surely now is the time for education and sensible regulation. In all the hype essential facts are lost and urban myths begin to emerge. “Synthetic cannabinoids” aren’t in many cases, cannabinoids. The European Monitoring Centre for Drugs and Drug Addiction notes:

Although often referred to simply as synthetic cannabinoids, many of the substances are not structurally related to the so-called ‘classical’ cannabinoids, i.e. compounds, like THC, based on dibenzopyran. The cannabinoid receptor agonists form a diverse group, but most are lipid soluble and non-polar, and consist of 22 to 26 carbon atoms; they would therefore be expected to volatilize readily when smoked. A common structural feature is a side-chain, where optimal activity requires more than four and up to nine saturated carbon atoms. The first figure shows the structure of THC, while the others show examples of synthetic cannabinoid receptor agonists, all of which have been found in ‘Spice’ or other smoking mixtures. The synthetic cannabinoids fall into seven major structural groups…

This clip spends ample time allowing Matt Bowden, NZ’s incredibly successful legal drug producer to chat with Liz Hayes. With ATS we all know the status of mephedrone as illegal in Australia. Yet smart chemists have enough formulas for both ATS and cannabinoids to keep the production-ban-production-ban arms race going for some time. Slowly the rhetoric is changing. Less and less are we terrified with stories of mashed neurons, instant madness and blokes who ripped off their scrotum. It’s pretty simple. Impairment. Drugs, like alcohol, cause impairment. And no, we don’t want those we care about going about their business impaired.

We need open and honest discourse. Proper scientific understanding and advice strikes me as the only sensible, critical next step. Users do not deserve to be scared witless to the point of hiding and lying about what is in essence simple human behaviour. More to the point the action to ban synthetic cannabinoids announced the presence of such legal drugs to Australians sending sales to unprecedented levels.

The history of banning previously legal substances is one of failure. Perhaps we might like to not repeat this particular aspect.

Cannabis: An awkward truth

A fascinating insight into the industrial uses of hemp and the huge cost to society and environment that the anti-hemp lobby ensures due to our dependence on alternatives. Included are various legislative positions around the world, the science of cannabis as a drug and the misinformation we are fed by vote greedy governments and the science illiterate media.

When We Grow – Part 1

When We Grow – Part 2

End War On Drugs, Try Legalisation: Global Commission On Drug Policy

The Global Commission on Drug Policy aims;

To bring to the international level an informed, science-based discussion about humane and effective ways to reduce the harm caused by drugs to people and societies.

Their goals are to;

  • review the basic assumption, effectiveness and consequences of the ‘war on drugs’ approach
  • evaluate the risks and benefits of different national responses to the drug problem
  • develop actionable, evidence-based recommendations for constructive legal and drug policy reform

At the beginning of June they released a comprehensive report [below] arguing that the War on Drugs had failed and that it was time to look at options such as regulation and legalisation. With opiate use up 34.5%, cocaine use up 27%, cannabis use up 8.5% in a decade, the GCDP recommends an end to the criminalisation, stigmatisation and marginalisation of drug users who do no harm to others. Portugal successfully decriminalised drugs a decade ago.

   Report of The Global Commission on Drug Policy – June 2011

All Drugs Should Be Legalised – Intelligence Squared Debate

On May 10th this year Intelligence Squared – the forum for live debate – hosted All Drugs Should Be Legalised in Sydney Australia.
You can watch the video alone here, or check out the audio here. They note on their website.
In most cases, prohibition has failed to curb demand and the provision of illicit drugs has become the lucrative trade of organised crime – with the associated ills of corruption, violence and health risks.
Some people urge tighter restrictions on all recreational drugs as the cure for social ills linked to their use and abuse. Others argue that all drugs should be legal – subject only to prudent regulation.
Below are the pre and post debate audience figures for All drugs should be legalised.
Question Pre-debate poll Post-debate poll
For: 46.8% 69%
Undecided: 32.3% 8%
Against: 20.9% 23%
Well prior to this debate, I was struck (to put it mildly) at the makeup of the negative team. Decorated veterans from The Enemies of Reason army, I felt more disappointment than the outrage I expected would engulf me. It was clear those bastions of moral evangelism and anti-drug hysteria, Drug Free Australia had quite likely been called upon to muster a good riposte to the ever expanding evidence supporting a change in policy. Like calling upon conspiracy theorist and anti-vaccination lobbyist Meryl Dorey of the AVN for “balance” one can rest assured DFA, enamored with pseudoscience, could fill the anti-drug niche. For “balance” if you like.
My next post will be my own biography of the negative team. These guys have a lot in common and I feel it’s only just to point out the “incestuous” relationship that manifests as informed opinion, but is in fact a superstitious, narrow and morality based attack on secular Australia, progressive policy, free thought, free choice, human rights and individuality. Yet my disappointment in “releasing the hounds”, so to speak stems from the fact I myself can argue against legalisation for reasons never mentioned here. Yet they tend to be reasons on variations of legality and access. Or concerns over black markets. Or solutions proffered by other pro legalisation movements. Australia is unique. Great arguments come from Norm Stamper and his colleagues at LEAP – Law Enforcement Against Prohibition. But we don’t have shoot outs in suburban streets and thankfully, haven’t tortured and jailed our civilians at the rate the USA has. We already have Harm Reduction – we just need more. Period.
The negative team is:
Jade Lewis is a former drug addict who now campaigns and educates against use of illegal drugs. As a young teenager she was a champion junior athlete who competed internationally, and won the WA Doug Hancy Award, Athlete of the Year and Junior Sportswoman of the Year. Her records remain unbeaten in Western Australia. Her later heroin addiction, criminal behaviour and volatile relationships are recorded in her book, Golden Haze. She now educates at schools on positive relationships and runs a program for women prisoners.
Dr Greg Pike is the Director of the Southern Cross Bioethics Institute in Adelaide, South Australia where he focuses primarily on the influence of bioethics on public policy development. He trained as a physiologist with a PhD in muscle electrophysiology, becoming Hospital Research Scientist at the Royal Adelaide Hospital in the Department of Surgery. He is the Chairman of the Board of the Australian Drug Treatment and Rehabilitation Program and a member of the Institute on Global Drug Policy, has served as a Deputy Member on the SA Council on Reproductive Technology and was a member of the Australian Health Ethics Committee for the 2006-09 triennium.
Paul Sheehan is one of the most thought-provoking commentators in Australia today. A columnist for The Sydney Morning Herald, Sheehan is a prominent writer and has written on the bigger debate about the politics of cultural diversity in contemporary Australia. He is one of Australia’s best-selling authors with three best-selling books including, most recently, the number-one best-seller, Girls Like You.
The positive team is:
Nicholas Cowdery AM QC BA LLB was the NSW Director of Public Prosecutions running the largest prosecuting agency in Australia from 1994 to 2011. He became a Barrister in 1971 and was Public Defender in Papua New Guinea for four years. As a Barrister in private practice in Sydney, he specialised in criminal law appearing in many high profile cases including the prosecutions of the late Justice Lionel Murphy (of the High Court of Australia) and of the late Sir Joh Bjelke-Petersen (former Premier of the State of Queensland). He is a member of the NSW Sentencing Council and the Advisory Committee, Sydney Institute of Criminology and the National Advisory Committee, Centre for Transnational Crime Prevention, University of Wollongong. He is the author of Getting Justice Wrong: myths, media and crime.
Wendy Harmer is a prominent Australian broadcaster, entertainer and veteran of countless international comedy festivals. She has presented top-rating morning radio and has hosted, written and appeared in a wide variety of TV shows including ABC’s Big Gig and In Harmer’s Way. Harmer is the author of several books for adults, two plays and a series of children’s books. She has also hosted the television Logie Awards and has been a regular newspaper and magazine contributor.
Dr Alex Wodak AM is a physician and has been Director of the Alcohol and Drug Service, St Vincent’s Hospital since 1982. His major interests include prevention of HIV among injecting drug users, treatment of drug users and drug policy reform. Dr Wodak is President of the Australian Drug Law Reform Foundation and was President of the International Harm Reduction Association (1996-2004). He helped establish the first needle syringe program (1986) and the first medically supervised injecting centre (1999) in Australia when both were pre-legal. Dr Wodak helped establish the National Drug and Alcohol Research Centre (1987) and the Australian needle syringe program annual survey (1995).
It’s clear drug law reform has manifest merit. This by no means suggests a simple reverse of policy or free for all is justified. Managing existing problems through evidence based approaches is the avenue needed. This is not the “handouts to children’ moral panic we’re often misled with. Whilst it’s true alcohol is far more damaging to individuals and society – something we ignore handing out ever more lenient licences – I don’t think the “my buzz vs your buzz” argument applies here, either. Prohibition is an abysmal failure to be sure. Indeed the sole cause of illicit drug induced tragedy. However because this can be demonstrated in a crisp top down, if not straight linear fashion doesn’t assuaged the reality that reversing this insult to our species is a complicated bottom up process that will have set backs, loud opposition and unforeseen hurdles and successes. Fortunately other nations have taken the step. Portugal is finding great success after a decade and now Poland is moving toward legalisation.
Today we struggle with drugs unheard of when this open door to profit was gifted to organised crime. Not only is there fantasy, ecstasy, mephadrone and a repulsive mix in between of these amphetamine type stimulants, but so much profit ensues that clandestine production is the norm. This has given us crystal methamphetamine and hydroponic cannabis. Our media and politicians score an E and an F for Epic Failure and in the main deserve our disgust and derision. That newspapers can be sold with articles gloating over and baying for blood for problems they themselves have in no small way contributed to beggars belief. That elected politicians pander to Christian Lobbies or their own retarded opinions, rather than serve the community that placed them in office is undemocratic.
Along the way, police have fallen to corruption and far, far worse. Prominent informers in cases of police involvement in production, selling and underworld murders have themselves been murdered. Far from a case of “they deserved it”, as crown witnesses under police and custodial maximal protection their deaths signify an attack on the very heart of our justice system. As I write the head of Barwon prison, David Prideaux is missing on a hunting trip in the Victorian Alps. This report came in a few minutes ago.
I can confirm Prideaux is a high profile witness in the murder of Carl Williams who was bashed to death in the most secure section of the most secure jail in the state whilst under 24 hour watch. Williams in turn was preparing to give evidence into the murder of informant Terry Hodgson. Hodgson was preparing to give information into the theft of pseudo-ephedrine allegedly by himself and Drug Squad officer Paul Dale. In the case of the two informers, police had leaked documents to underworld figures outlining their intentions. Hodgson was under police guard in a safe house, with all security details – alarms, lights, locks etc, known only to police. Investigations showed he and his wife were shot in the back of the head, kneeling, after letting someone in to the safe house.

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