PS268 Chapter Notes - Chapter 3: World Trade Organization, Medical Device, First Nations

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31 Jan 2013
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Drugs and Behaviour Chapter 3
1
History of drug regulations
o Up until 1908, no regulations
o Creation of drug regulations not based on safety of population or dangers of drugs, but more
with public fear and political and momentary agendas
o Two factors contributed to escalation of antidrug policies and public’s fear of Chinese
immigrants
Association between elements of the euro-Canadian society and Chinese immigrants
Mixing of races a bad thing
Chinese immigrants perceived as economic threat to Euro-Canadians
o Opium act of 1908
Mackenzie King shocked by extent of opium trade in British Columbia
Four main concerns
o Opium smoking becoming more popular among white people
o Chinese making vast profits in trade
o Opium trade in violation of provincial pharmacy legislation
o Canada had to set an example for an international campaign if it
doesn’t work
Made it indictable to import, manufacture, sell or posses to sell
Not simple possession or use
Created black market for opium
1911 opium and drug act began enforcement of Canadian drug policy
Harsh antidrug legislation
Habitual drug use associated mostly with Chinese immigrants, many Canadians felt
they were immune from effects of drug legislations
o Patent medicine act of 1909
Required documentation and approval of a small number of drugs formulated and
issued by doctors
Prohibited use of cocaine in medicines and to label ingredients
Minister of health had authority to cancel or suspend licence for violations
o Narcotic control act of 1961
During this period that idea of treating habitual drug users first became significant
Began to be perceived as a disease, not a crime
Criminalization of drugs in Canada made possible because of the strong belief that
certain drugs had ability to enslave users
Social distance between drug users and mainstream society narrowed considerable
due to large number of middle class youth using drugs without turning into dangerous
lunatics
Difficult to maintain myths that it enslaves users
o The Le Dain commission
Studied illicit drug issue in Canada
Produced four reports
Most significant recommendation was gradual withdrawal of illegal drug
criminalization
Recommended greater leniency for crime of possession
Recommended possession of cannabis not be considered an offence
Policies did not change
o The Canadian drug strategy
Ronald Reagan declared new war on drugs
Began new era of drug prohibition and law enforcement
Led to development of Canadian Drug Strategy
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Drugs and Behaviour Chapter 3
2
o Controlled drugs and substances act voted into law
o Controlled drugs and substance act
Importation, production, distribution and possession of various drugs and substances
governed primarily by provisions of the Controlled Drugs and Substances Act
(CDSA)
CDSA prohibits importation, exportation, production, sale, provision and possession
of a wide variety of controlled drugs and substances, except when permitted
Controlled drugs for medicine may be legally obtained with a prescription
Not all offences result in a criminal record on conviction
Summary convictions
o Do not normally result in criminal record
o Possession of 30 grams or less of cannabis or 1 gram or less of
cannabis resin
Either
o Simple possession of more than 30 grams or 1 gram of cannabis
resin
Indictable offence
o Trafficking or possession for purpose of trafficking cannabis
Sentencing
Considerable discretion in sentencing offenders under the CDSA
Takes many aggravating factors into play when sentencing
o Selling drugs to children
o Using or involving children
o Selling drugs near schools or other places where youth frequent
Drug paraphernalia laws
Summary conviction offence to import, export, manufacture, promote or sell
instruments or literature for illicit drug use
Only in Ontario
Sale of alcohol and tobacco
Subject to both federal and provincial or territorial legislation
Impaired driving
Criminal code of Canada contains offences related to drunk driving
Diversion to treatment
Some legislation allows for diversion from criminal justice system to
treatment
Diversion to treatment also recognizes reality of overcrowded courts and
limitations of enforcement
Many convictions of drunk drivers require them to attend substance abuse
education or treatment programs
International conventions
Ratified number of international conventions to control drugs
Regulation of pharmaceuticals
o Food and drugs act and regulations regulate safety, efficacy and quality of pharmaceutical
drugs, vitamins, vaccines and medical devices sold in Canada
o More than 22 000 pharmaceutical products and 40 000 medical devices available in Canada
o Drug submission process
If results of clinical trial show that drug’s potential therapeutic value outweighs the
risks, manufacturers may seek authorization to sell products by completing a “new
drug submission”
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