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The use and abuse of psychotropic (mind-altering) drugs is an integral part of the human experience. Society has long viewed substance abuse through many eyes: criminal activity, moral failing, illness and disability, or simply the exercise of individual liberty. Nonetheless, whether the drugs involved are "legal" or "illicit," substance abuse is a major public health hazard.

Author Peter Cohen offers a thorough and thoughtful discussion of the major legal, ethical, and policy considerations that society faces as it deals with substance abuse and dependence (addiction). Several major areas will be addressed: (1) the differences and similarities between "legal" and "scientific" reasoning; (2) the science of drug dependence; (3) balancing the rights inherent in maintaining individual liberty and autonomy with the needs of society (an integral requirement of public health as a medical and legal discipline); (4) the role of criminalization in attempting to control what many believe to be a medical problem; (5) the application of disability law to substance abuse and dependence; (6) "legitimizing" the use of smoked marijuana for medical purposes; and (7) the concept that if substance abuse is, at least in part, a public health problem, it should be amenable to therapy similar to other medical conditions and should receive parity in regulation, treatment, and research.

Tabla de contenidos provista por Syndetics

• Table of Cases(p. xv)
• Table of Authorities(p. xix)
• Chapter 1 The Contrast between "Legal" and "Scientific" Reasoning(p. 3)
• Neither Science nor Law Is a Monolithic Discipline-Their Differences Do Not Always Permit a "Bright Line" Analysis(p. 4)
• Chapter 2 Public Health, the Law, and Society(p. 13)
• The Scope and Inherent Problems of Public Health(p. 14)
• Public Health Law, a Confluence of "Legal" and "Scientific" Reasoning-Good Science Can Yield Good Public Policy While Not Precluding Debate(p. 16)
• Public Health Law, a Confluence of "Legal" and "Scientific" Reasoning-Tragic Public Policy Results when Science Is Ignored and Replaced by Prejudice(p. 16)
• Public Health Law, a Confluence of "Legal" and "Scientific" Reasoning-Epidemiology, Statistics, and Profiling(p. 18)
• Public Health Law, a Confluence of "Legal" and "Scientific" Reasoning-Can the "Least Worst Solution" Be the "Best?"(p. 19)
• Public Health Law, a Confluence of "Legal" and "Scientific" Reasoning-Can Regulations Be "Narrowly Crafted" to Provide for Both Individual Freedom and the Societal Good?(p. 20)
• Factors Involved in Balancing Benefits and Burdens Are Not Absolute but Comprise a Spectrum(p. 21)
• Chapter 3 Acute and Chronic Toxicity of Some Abusable Drugs(p. 23)
• Alcohol(p. 23)
• The Opioids (Heroin, Morphine, and Codeine are Examples)(p. 24)
• Cocaine and Amphetamines(p. 26)
• Marijuana(p. 27)
• "Ecstasy" (Methylenedioxymethamphetamine or MDMA)(p. 32)
• Potent, Pathological, and Permitted(p. 33)
• A Prologue(p. 35)
• Chapter 4 The History of Attitudes towards Illegal Drugs(p. 37)
• "Herbal Remedies" of Yesteryear(p. 40)
• An Outline of Our Early History of Dancing with Drugs(p. 40)
• The Coca-Cola Story Is Illustrative of the Connection between Racism and Drug Policy(p. 43)
• Free Will and Biology: Can There Be Mens Rea Absent the Mens?(p. 45)
• Chapter 5 The Epidemiology of Drug Use(p. 47)
• Useful Definitions(p. 47)
• Some Techniques Used to Gather Data Relating to Drug Use(p. 48)
• General Problems Associated with Surveys-Self-Reports or Objective Data(p. 49)
• The Data(p. 50)
• What Is the Epidemiology of Alcohol Abuse and Dependence (Alcoholism)? 12(p. 52)
• A Perspective: How Does the Incidence of Death Related to Illegal Drug Use Compare with Other Major Causes?(p. 53)
• Chapter 6 The Science of Drug Dependence (Addiction)(p. 55)
• How Is Drug Dependence (Addiction) Defined in the Medical Literature?(p. 56)
• Science-Not Ideology(p. 57)
• Implications for Policy(p. 60)
• How Should Society and the Law Deal with "Fault"?(p. 61)
• Causation and Disease-Is It Appropriate to Assign "Fault"?(p. 62)
• Chapter 7 The Conflict between Individual Autonomy and Responsibility to Society(p. 65)
• Mill (the Person) v. Mill (the Philosopher)(p. 68)
• Alternative Paradigms(p. 68)
• When Individual Actions Do Not Impact Society, How Might the Law Behave?(p. 70)
• Chapter 8 Illegal Drugs-The Doctor's Dilemma(p. 77)
• The Harrison Narcotic Act-History and Background(p. 78)
• Early History of Federal Drug Regulation-Evolution of the Food and Drug Act(p. 78)
• International Affairs and the United States(p. 80)
• The Shanghai Conference and Foster Bill(p. 82)
• The Hague Opium Conferences(p. 85)
• Evolution of the Harrison Narcotic Act(p. 86)
• Final Passage of the Harrison Act(p. 87)
• The Harrison Narcotic Act-Potential Problems in Interpretation(p. 88)
• What is the "Legitimate Practice of Medicine"-Who Decides?(p. 90)
• Statutory Interpretation and the Harrison Act(p. 91)
• The Harrison Narcotic Act-Early Cases(p. 95)
• The Harrison Narcotic Act-Are There Limits to Federal Control of Medical Practice?(p. 107)
• Chapter 9 Compulsory Drug Testing(p. 113)
• Why Is Drug Testing Done?(p. 115)
• What Are the Basic Scientific Principles of Drug Testing?(p. 115)
• Where Are Samples Obtained?(p. 116)
• What Is the Significance of a Positive Test?(p. 116)
• What Is the Significance of a Negative Test?(p. 118)
• Are There Ways of Avoiding Detection?(p. 118)
• How May Subterfuge Be Detected?(p. 118)
• Is Drug Testing Cost Effective?(p. 119)
• What Is Meant by "Accuracy" of Drug Tests and How Is This Expressed?(p. 119)
• Warrant, Reasonableness, and the Fourth Amendment(p. 120)
• A Spectrum of Cases(p. 122)
• Chapter 10 "Crack Babies" and the Constitution-Testing Pregnant Women for Illegal Drugs(p. 147)
• Ambivalent Societal Attitudes towards Women and Pregnancy(p. 149)
• What Can Science Tell Us about Illegal Drugs, Particularly Cocaine, and the Fetus or Newborn?(p. 153)
• Rights and Obligations-Cocaine, Pregnancy and Drug-Testing(p. 158)
• Chapter 11 Disease and Behavior under the Law(p. 187)
• Chapter 12 Crack, Powder, and Justice-Illegal Drugs and Sentencing(p. 205)
• Criteria for Sentencing-Keep in Mind the Several Goals of Criminal Sanctions(p. 205)
• Justice in Sentencing-The Debate(p. 206)
• History of Mandatory Minimums(p. 207)
• Cocaine is Cocaine-The Science of Powder and Crack(p. 211)
• The Significance and Process of Scheduling(p. 212)
• Judicial Discretion May Be Limited by the Trier of Fact (Sometimes)(p. 222)
• Chapter 13 Civil Commitment and Compelled Therapy(p. 225)
• Beyond the Criminal Justice System-Past Crimes Have Been Committed(p. 230)
• Beyond the Criminal Justice System-Future Crimes or Harm to Self Might Occur(p. 232)
• Mandated Treatment within the Criminal Justice System(p. 239)
• Drug Dependence Is a Disease-But Is It "Infectious?"(p. 243)
• Conclusions and Final Thoughts(p. 244)
• Chapter 14 Disability Law and Drug Dependence-Society's Ambivalence(p. 249)
• The Americans with Disabilities Act(p. 249)
• A Personal History of the ADA1(p. 250)
• A Legislative History of the ADA2(p. 252)
• Principles of the ADA(p. 252)
• How Does the ADA Deal with Substance Abuse? 42 U.S.C. [section] 12114-Illegal Use of Drugs and Alcohol(p. 255)
• Alcohol and Illicit Drugs Compared(p. 256)
• The ADA and [section] 504-Tensions between Individual and Class Consideration(p. 257)
• Changes in Social Security Law Alter Disability Benefits to Drug Dependent Persons(p. 263)
• Drug or Alcohol Dependence Is Unprotected When Manifested in the Workplace(p. 265)
• Disability Law and Admission to the Bar(p. 268)
• Final Question: Has The Judiciary Recently Imposed Profound Changes on the ADA?(p. 270)
• What if a State Violates the ADA?(p. 275)
• One Last Chance for E. C.(p. 277)
• Does the ADA Apply to the Federal Government?(p. 278)
• Chapter 15 Pot, Peyote, and Politics(p. 281)
• How an "Illegal" Drug Became "Legal" through Religion(p. 282)
• How Has the First Amendment Dealt with Religious Use of Illicit Drugs?(p. 283)
• The Court Speaks-And So Do the People(p. 286)
• The Limits of "Exemptions"(p. 287)
• Medical Marijuana and the Courts(p. 294)
• Doctors May Not Prescribe Smoked Marijuana-But May They Talk About It?(p. 300)
• When the "Will of the People" Is Not the "Will of the Congress(p. 303)
• Final Thoughts(p. 305)
• Chapter 16 Treatment of Drug Dependence-A Legal and Public Health Perspective(p. 307)
• Is There a Need for Treatment?(p. 308)
• Treatment Works-But Raises Significant Legal and Policy Issues(p. 311)
• Drugs, Addiction, and the Law: Policy, Politics, and Public Health-The Future(p. 335)
• Notes and References(p. 337)
• Index(p. 371)

Notas de autor provistas por Syndetics

Peter J. Cohen, a physician and attorney, received his MD from Columbia University College of Physicians and Surgeons in 1960 and JD from the Georgetown University Law Center in 1995