LLB180 Lecture Notes - Lecture 2: Mitigating Factor, Needle Exchange Programme, Mania
Week 2 – Drug Offences
• Commonwealth Criminal Code Act 1995 (Cth)
• Drug Misuse and Trafficking Act 1985 (NSW)
• Poisons and Therapeutic Goods Act 1966 (NSW)
General principles
In trying to adapt to problems associated with controlling drugs, general principles have
been established:
• deeed dug poisios hih euie the out to assue that a sustae is a
dug he it ist
• deeed taffikig – reverse the burden of proof by requiring those in possession
of more than a particular quantity to prove that they are not suppliers
• provisions which impose liability for what would usually be regarded as acts of
preparation
Contingent meanings:
• No one meaning of drugs, drug use and drug users
• Meanings are produced by social, economic and political contexts
• Criminalization linked to the contingency of the meanings of drugs, drug use and
drug users
• Ciial appoah is ot ieitale o fied
The line between licit/illicit drugs?
• We have created the line
• Why are alcohol and tobacco legal over other drugs?
• How are drugs chosen for criminalization?
“ Mugford, Policig euphoria: The politics ad pragatics of drug cotrol CB 5
The banning of drug taking
Economic factors:
• Profits made by sellers
• Losses made by society in general
• Time spent searching for the drug or cultivating, harvesting, preparing
• Heavy drug use/alcoholism can lead to absenteeism or poor and dangerous
performance on the job
• Costs fo aidets = tapaes oe
Political factors:
• Presumes that drug taking is a normal feature of society, laws reflect class interest or
interest of powerful pressure groups
• The drugs that are legal are the source of legitimate profit and used for acceptable
purposes
• The stereotype of a given ethnic, class or racial minority and particular drugs is
declining in modern society
find more resources at oneclass.com
find more resources at oneclass.com
The har justificatio
• No one objective and universally accepted meaning of harm
• Harm is one of the central justifications for criminalization
• J “ Mills ha piiple
the ol pupose fo hih poe a e ightfully exercised over any member of a
civilized community, against his will, is to prevent harm to others. His own good,
eithe phsial o oal, is ot a suffiiet aat CB
the ol easo fo geeal pohiitio o the aailailit of poisos ould e
hee a sustae as ought solel fo the pupose of udeig othes
• Complication – the extent to which certain harms are a product of consumption of
the drug as opposed to the circumstances under which they are used
Tpial has aused by drugs
• Health (sickness and morality)
• Economic cost to society (including health and law enforcement, reduced
productivity)
• Crime (income generating and others)
• The growth in organized crime
• Police corruption
Health
18,304 deaths due to drug use in Australia in 2003 alone
- Tobacco: 15,511
- Alcohol: 1,084
- Cannabis: 0
- Heroin: 263
- Benzodiazepine: 5
- Suicide: 204
- Hepatitis B: 329
- Hepatitis C: 759
- Other: 149
▪ Australian Institute of Health and Welfare, Statistics on Drug Use in
Australia 2006 (2007) Tables 6.1, 6.2 and 6.3
Heroin (CB 1053)
• Manufactured from morphine, from the opium poppy
• Long term effects:
- Dependence
- Constipation
- Infertility
- Loss of sex drive in men
- Intense sadness
• 1999 – 1116 deaths → declined → 2001 – 386 → due to heroin drought starting
Christmas 2000
• $20 per cap in 1999 → $50 per cap in 2004
• Most usually cause of death is respiratory failure, 2+ hours after administration
find more resources at oneclass.com
find more resources at oneclass.com
Cannabis (CB 1054)
• Most widely used – approx. one third of Australians over 14 have used it
• 65.5% of drug arrests in 2011-12 were for cannabis
• turnover in 1995 → $5 billion
• correlation between cannabis use and mental health issues (depression, anxiety
disorders and suicidal ideation), but difficult to establish causation
• increased risk of respiratory diseases, lung and throat cancer, cognitive impairment,
addiction
• 2007 – costs of treatment related to cannabis use was $16.9 million
- psychotic disorders/schizophrenia
- road traffic casualties
- residential rehabilitation
Stimulants: ecstasy and amphetamines (CB 1055)
• increased use because of the heroin drought in 2001
• 2006 – edia deoted attetio to the ie epidei
ABCs Ie Age iestigatio:
it is oe destutie tha a othe dug… Its heap ad highl additie… the
most potent aphetaie to ee hit ou steets… Health seies ae ot pepaed
fo the haos ie has just stated to uleash
• used by 2.1% of people aged over 14
- 3% using ecstasy
- 1.4% using hallucinogens
• Ecstasy is street term for MDMA – active dose 120 milligrams
• Long term effects – depression, cognitive impairments, heart disease, suicidal
behaviours
• Death caused by impurities
Steroids
• Growing use amongst elite athletes
• 2014 – Sch 1 was added to the DMTA which states substances are to be considered
pohiited dugs fo the pupose of the At, hih iludes aaoli ad adogei
steoidal agets
• Before this it was only an offence to supply without authorisation, under the Poisons
and Therapeutic Goods Act
• Side effects: extreme mood swings, mania, depression, paranoia, delusions, organ
damage, reduced sperm count, infertility, development of breasts, increased risk of
prostate cancer, growth of facial hair, baldness, menstrual problems
• Harms arising for those who inject
Economic cost to society
• NDARC research – cost of illicit drugs to the community was $1.7 billion in 2009-10
• Governments spend money on resources like drug treatment, drug policing,
emergency department admissions for overdose, crimes that are committed related
to drugs, programs to prevent drug use, counselling services, harm reduction
programs, border patrol (CB 1057)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 2 drug offences: commonwealth criminal code act 1995 (cth, drug misuse and trafficking act 1985 (nsw, poisons and therapeutic goods act 1966 (nsw) Mugford, (cid:862)polici(cid:374)g euphoria: the politics a(cid:374)d prag(cid:373)atics of drug co(cid:374)trol(cid:863) (cid:894)cb (cid:1005)(cid:1004)5(cid:1005)(cid:895) The (cid:858)har(cid:373)(cid:859) justificatio(cid:374: no one objective and universally accepted meaning of harm, harm is one of the central justifications for criminalization. J mill(cid:859)s (cid:862)ha(cid:396)(cid:373) p(cid:396)i(cid:374)(cid:272)iple(cid:863) (cid:862)the o(cid:374)l(cid:455) pu(cid:396)pose fo(cid:396) (cid:449)hi(cid:272)h po(cid:449)e(cid:396) (cid:272)a(cid:374) (cid:271)e (cid:396)ightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. T(cid:455)pi(cid:272)al (cid:858)ha(cid:396)(cid:373)s(cid:859) (cid:272)aused by drugs: health (sickness and morality, economic cost to society (including health and law enforcement, reduced productivity, crime (income generating and others, the growth in organized crime, police corruption. 18,304 deaths due to drug use in australia in 2003 alone. Other: 149: australian institute of health and welfare, statistics on drug use in. Australia 2006 (2007) tables 6. 1, 6. 2 and 6. 3.
