DILEMMAS OF DRUG ABUSE CONTROL - SOME UNRESOLVED ISSUES (FROM CRITICAL CONCERNS IN THE FIELD OF DRUG ABUSE PROCEEDINGS OF THE THIRD NATIONAL DRUG ABUSE CONFERENCE, INC, 1978)

• NCJ Number: 54348
• Author(s): J C WEISSMAN
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Marcel Dekker, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: CONFERENCE HELD IN NEW YORK (NY), 1976

Annotation

A MODEL FOR DISPOSTIONS OF THE VARIOUS CATEGORIES OF DRUG-RELATED OFFENSES IS PRESENTED.

Abstract

DRUG ABUSE BEHAVIORS ARE DIVIDED INTO FOUR CATEGORIES: (1) CONSUMPTION OFFENSES (POSSESSION AND USE); (2) TRAFFICKING OFFENSES (SALES, DISTRIBUTION, DISPENSING); (3) ANCILLARY TO CONSUMPTION OFFENSES (POSSESSION OF NARCOTICS PARAPHERNALIA, LOITERING, ETC.); AND (4) PROPERTY ACQUISITIVE OFFENSES COMMITTED TO RAISE FUNDS FOR THE PURCHASE OF DRUGS. THE MAJOR HARMS CAUSED BY CONSUMPTION OFFENSES ARE CONSIDERED TO BE THE USER'S LOSS OF SELF CONTROL, THE RISK OF ADVERSE MEDICAL CONSEQUENCES, SOCIETY'S LOSS IN DECREASED PRODUCTIVITY FROM THE USER, AND DEPRECIATION OF THE PROHIBITION AGAINST DRUG USE. THE HARMFUL CONSEQUENCES OF TRAFFICKING OFFENSES INCLUDE GAIN BY THE OFFENDER THROUGH ILLEGAL MEANS, LOSS OF TAXES IMPOSED ON THE ILLICIT ACTIVITIES, AND PROMOTION OF ILLICIT DRUG USAGE WITH ITS DAMAGING EFFECTS. ANCILLARY CONSUMPTION OFFENSES ARE SAID TO BE THE PRELIMINARY ACTIVITIES THAT LEAD TO THE HARM OF CONSUMPTION. PROPERTY ACQUISITIVE OFFENSES HARM VICTIMS BY DEPRIVING THEM OF THEIR PROPERTY RIGHTS. IN TERMS OF THE CRIMINAL JUSTICE SYSTEM'S DEALING WITH CONSUMPTION OFFENSES, IT IS SUGGESTED THAT TREATMENT BE OFFERED IN LIEU OF THE OTHERWISE AVAILABLE SENTENCE, WITH THE TREATMENT PERIOD NOT EXCEEDING THE POSSIBLE PERIOD OF PUNISHMENT. IN CONSIDERING TRAFFICKING OFFENSES, IT IS SUGGESTED THAT THE PRIMARY DIMENSION TO BE CONSIDERED IS OFFENDERS' MOTIVATION. IF THEY TRAFFICK TO SUPPORT A PERSONAL ADDICTION, THEY SHOULD BE TREATED; WHEREAS, IF CALCULATED FINANCIAL GAIN IS INVOLVED, THE LEVYING OF A FINE PROPORTIONATE TO THE ILLICIT EARNINGS IS RECOMMENDED. THIS IS CONSIDERED SUFFICIENT PUNISHMENT AND DETERRENCE, WITHOUT IMPRISONMENT. ANCILLARY CONSUMPTION OFFENSES ARE CONSIDERED HARMLESS IN THEMSELVES; HOWEVER, IF PROSECUTION IS PURSUED, THE TREATMENT ALTERNATIVE IS SUGGESTED. RESTITUTION TO VICTIMS AND TREATMENT ARE RECOMMENDED FOR ADDICTS WHO COMMIT PROPERTY CRIMES TO SUPPORT THEIR ADDICTION. (RCB)