Nexus Magazine Autumn 2017 - Drugs Edition by Nexus Magazine

THE BLUNT TRUTH: A Hard Pill To Swallow

Autumn 2017

MEET THE COMMITTEE

The Nexus Magazine Editorial Team independently obtained and organized the content of this magazine, and is responsible for the publication of the Nexus Magazine. The opinions and ideas expressed by authors of articles in this magazine are solely the opinions and ideas of those authors and do not necessarily represent the opinions and ideas of this magazine or its editors and publishers.

EDITOR-IN-CHIEF JOCHELLE GREAVES SIEW

CREATIVE DIRECTION JOCHELLE GREAVES SIEW KONRAD TURNBULL SARAH GIBLIN

CONTRIBUTING WRITERS TATENDA MADONDO ALEXANDER SCHUSTER BHAVNA PRASHANTH TOLEK PERCZAK BAO TRAN THAHN CHRISTIAN DELEV WOODMAN DICKINSON JAMIE BEHRENDT JESSICA APPELMANN

WOODMAN UK graduated from the LLB International and European law, and is currently pursuing his LLM at the University of Groningen.

SARAH IRELAND is currently in the second year of her LLB International and European Law at the University of Groningen.

JOCHELLE TRINIDAD and TOBAGO & USA is currently in the second year of her LLB International and European Law at the University of Groingen.

JESSICA GERMANY is currently in the second year of her LLB International and European Law at the University of Groningen.

KONRAD UK & USA is currently in the first year of his LLB International and European Law at the University of Groningen.

TAMARA POGHOSYAN JOCELIN TJANDRA NATALIE WEISSENBERGER

AUTUMN 2017

LETTER FROM TBR GRONINGEN As this is my first issue as Editor in Chief of the Nexus Magazine, it is with great pleasure that we, the Nexus Magazine Committee, finally present to you the Fall 2017 edition of the Nexus Magazine. This issue focuses on the different approaches taken with regards to the use, production, distribution and legalization of drugs within various countries. The world remains divided in its opinion on such a polarizing topic as drugs. However, it is society’s best interests which are at heart in this heated debate. It is undeniable that some countries, such as the Netherlands, have effectively decriminalized certain types of drugs. Conversely, drug use and production has also crippled many economies, societies, families and individuals. Within my own family, relatives were lost to drug abuse. In addition, having spent a considerable amount of my life in a small island that is used as a shipment point for drugs coming into and from South America, I have seen what drug smuggling can do to a country’s society. This issue consists of numerous well-written and thoroughly researched articles that I hope will spark conversation and debate amongst The Nexus Magazine’s readers. Jessica has written an eye-opening article, diving into opium production in Afghanistan which, in fact, grosses a large percentage of Afghanistan’s Gross Domestic Product. What Jessica shows us is that despite production alleviating certain problems to a limited degree, it simply creates more problems in other areas and sometimes in the same ones. Tamara’s article zeroes in on the rationale of the legalization of cannabis, utilizing Uruguay as a case study. She also provides interesting background to marijuana’s development and content. Jocelin’s in-depth piece discusses decriminalization and drug law reform in Portugal, which at first was not as successful as hoped. She outlines the timeline of drug reform within the country, examining its base and residual effects within Portugal, along with its external influences. In addition, one of our latest additions to the team, Konrad, discusses the consequences of Canada’s failure to meet the deadline in order to withdraw from relevant international drug treaties prior to the legalization of marijuana within the country. We also have three bright minds, Christian, Jamie and Woody, presenting their viewpoints on whether or not ‘smart drugs’ should be legalized for high school and university students. This debate gets to the pithof a very controversial topic. Tatenda, our wonderful Nexus President, has penned a revealing commentary on Crystal Oertle’s TEDx Talk on addiction and recovery. It touches upon the stigma and stereotypes that recovering addicts face when they only need to be supported, and not shamed, at this point in their lives. It is also a delight to introduce to you the new Nexus Board members who have each personally written an introduction letter for the magazine. Finally, I would like to thank Natalie for her piece which informs us of TBR’s plans for the upcoming year. Please feel free to contact us at magazinecommittee.nexus@gmail.com with any queries, suggestions or critiques. We are more than happy to hear from you. Also, stay tuned to our FB page as we will be posting shorter pieces and items while we prepare for the next publication! Warm wishes and happy reading,

N ATA L I E W E I S S E N B E R G E R

LET TER FROM THE EDITOR

Dear Readers,

Remember that week in May of last year when it was impossible to walk through Harmonie Square without being bombarded with flyers and free water bottles and students in color-coordinated sweatshirts soliciting your vote? Have you ever wondered what happened to those color-coordinated solicitors and why they were there in the first place? Well, allow me to better introduce you to one of the association’s fighting for your vote: TBR Groningen. TBR is a political association based at the University of Groningen and our goal is to represent law students at the faculty level. This year TBR has five seats on the Faculty Board, making it the majority party. We hope to use this advantageous position to implement meaningful measures and further the rights of Dutch and international law students. TBR prides itself on giving a voice to the international students at the faculty by ensuring that there is at least one international student representative on the faction each year. Last year TBR worked hard to improve the situation for international students. For example, we presented a memo to disallow exam inspections from taking place during the re-sit exam period as this is the time when many international students choose to go home. We also argued for greater transparency in the selection process for the semester abroad and for the provision of video lectures for international students. This year TBR hopes to continue fighting for the rights of international students. We plan to not only continue the initiatives from previous years, such as continuing the campaign for video lectures, but to bring forward new points as well, like providing international students with more detailed and accurate information when it comes to housing, establishing a support group to help with logistical issues many international students face, and to better integrate international students with the Dutch students. Besides this, we strive to improve the study environment at the faculty in general by providing extra study space, especially during the busy exam time and improving access and quality to online material. Finally, TBR is especially excited to improve the environmental sustainability of the faculty this year and to bring more awareness to this subject by collaborating with the University’s Green Office as well as various other associations. The campaign and election season went very well for TBR this year, but it doesn’t end there. We are motivated and excited to get to work and represent all law students, especially the international students who sometimes feel they are overlooked. If you would like to learn more about TBR you can visit our website at www.tbr-groningen. nl or send us an email at info@tbrgroningen.nl. We look forward to working with you and for you this year.

Jochelle Greaves Siew Editor-in-Chief – The Nexus Magazine

TBR 3

TBR: An introductory letter from the TBR to law students. OP ED: SMART DRUG

20 Woody, Christian, & Jamie: Three RUG students give their critical thoughs on Smart Drugs.

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NEXUS BOARD 4

Remarks: Personalised letters from the 2017 Nexus Board Members. TEDx ANALYSIS

22 Addiction and Recovery: Commentary on Crystal Oertle’s TEDx Talk.

ARTICLES Afghanistan: Opiates’ impact on the country’s GDP. 10 Canada: How its future marijuana legislation conflicts with treaties 13 Uruguay: Case study on the Legalisation of Cannibis. 16 Portugal: A reflection on Portugal’s revolutionary drug decriminalisation..

AUTUMN 2017

LETTERS FROM THE NEXUS BOARD TAT E N D A M A D O N D O

B H AV N A P R A S H A N T H

PRESIDENT

I N T E R N A L A F FA I R S

I come from the small town of Gutu in Zimbabwe but the majority of my life was spent living in Dublin, Ireland – I guess you can call me Zimbabwean-Irish! As a child and as a teenager, I was an art loving bookworm (I still am so not much has changed). I dabbled in sports such as swimming and basketball and even had a spot in my school’s choir. It wasn’t until I was sixteen that my family permanently relocated to Harare, the capital city of Zimbabwe. Upon completing my Cambridge A-Levels there, I took a big leap and made the decision to move to the Netherlands in pursuance of a law career and trust me, I do not regret it!

Heya cuties, You have probably seen me around either constantly posting on your Facebook groups or somewhere around the university. If not, my name is Bhavna and I am the Internal Affairs Coordinator of Nexus. I am a 19-year-old with a nationality status of its complicated. Do I call myself Indian or Swedish? I do not even try to question it myself. Currently, I am in my second year of the LLB. How you ask? Blood, sweat, and a whole lot of tears (only kidding about the blood)! Though I am the baby of the board, my position is highly unadvisable for any baby. I keep up and make sure that all internal affairs of the association are done and done to a high standard. I am also the main contact person for all ten committees and make sure that all their lovely ideas become something more than just ideas. Here and there, I also do a little bit of intense promotion to make you all can see what committees and association have in store for all of you!

I am studying the course of dreams while simultaneously living in an amazing city; who needs more than that? I’m currently the President of Nexus Student Association and it is by far the most challenging yet exciting experience of my life. I never understood the meaning of “good stress” until now and it will only get better, I’m sure! I look forward to getting to know all of you and I’m super excited to see where this year leads us!

ALEXANDER SCHUSTER E X T E R N A L A F FA I R S We all know that odd one out. The EU has its UK, Spain its Catalonia, Germany its Bavaria and the NEXUS board its ginger. It’s a pleasure to see the city and its people try to accept us, and it feels good that our friends from Vintres also implemented the ginger quota directive. Jointly, we are not only fighting for equality of ginger rights, but also for the future of the European union…Lying in my bed and dreaming of the proclamation of the European Federal Union - On what wings dare he aspire, he wants to hear the EU choir. If I am not dreaming about EU integration, you will either find me late at night going through some nice books while eating fresh made Guacamole or see me looking for new inspiration for my next dinner. My task for NEXUS is to take all your individual concerns into account in order to render it more attractive to receive your services at Starbucks, Taco Mundo and Co and to make your time at university a special adventure! However, all this wouldn’t be me, if I didn’t have amazing people I could share this joy with. All of them make this year a fantastic time in Groningen and I don’t even know how to describe what happened since the first day at university. Yes, it was and is a great time people. Hell yeah, it is an Ode to joy for me to work together with this amazing team this year which represents the true diversity of our programme and the indomitable will for a peaceful and delightful time with all of you! So turn on your 9th symphony, rock your exams and enjoy your student life :)

w w w.NexusGroningen.nl

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BAO TRAN THANH S E C R E TA R Y Hoi, I’m Bao – the new secretary of Nexus this year. It’s the first time I have dedicated myself to working for a student association, but I wanted a unique experience while studying abroad. I had studied law for 2 years in my home country, which is Vietnam, before coming here. I had to reset everything to zero and start over. You may want to know why I left all my accomplishments to travel to a far away place to start a new life. Well, it’s because I do not want to restrict myself to a safe zone and I desire to find a better place for my future. Moreover, I have a passion for law but at the same time, I think working in an international environment is a more advantageous option for me. Nevertheless, my 2-year study in Vietnam was not in vain, as it helped me prepare for hardships I would encounter in studying law in Holland as I am familiar with how to deal with legal issues and not surprised at how difficult this subject is. During my 1st year, I did realize that I must do something different than I had done or even something I had not done before, which is why I applied to be a part of the Nexus General Board. Fortunately, things went well and I got chosen to become the secretary. So far everything has not been challenging as I have a great team – my fellows in the Board – by my side and we are willing to support each other in dealing with difficulties. Finally, I would like to round up this introduction by saying that I’m thankful for being a Nexus Board member, because of which I have had unforgettable memories during my time here.

TOLEK PERCZAK TREASURER The few concepts that can be considered a standard among international society established by students at the Groningen University is multinational heritage and childhood desire to change the world by legal means. Only a stranger would assume that the same rules apply to me. I think of myself as of a simple human being, with ancestral stem not only from one continent, but also from one extraordinary place – Poland. It would also be a lie if I’d try to draw bubbly images of five-year-old me dreaming of Suits lifestyle. If one was to be presented with a task of describing me in one word, it would be spontaneous. Last minute booked flights, billions ideas per second and inner urge to restlessly try new activities. How did such person end up in a position of Nexus treasurer? By accident. Full credit shall be given to my friends whom I owe the fact of convincing me to apply. Yet this accident is the best thing that happened to me this academic year. Not only my crew consists of amazing individuals, the atmosphere renders me full of energy and challenges me with tasks that are unavailable to regular students. Experience that I gained and I will gain guarantees the Nexus experience to be irreplaceable.

AUTUMN 2017

ARTICLE

MY NAME IS AFGHANISTAN AND I HAVE A DRUG PROBLEM

When we think about drugs, we usually think about the effects they have on their consumers – but what about their producers? In Afghanistan, opiate production, at a value of 3.02 billion US Dollars (2016), currently contributes more than twice as much to the Gross Domestic Product than the export of legal goods and services, and forms more than 2/3 of the country’s agricultural sector, which accounted for around 22% of the GDP in 2015/2016. While the money earned from poppy cultivation is barely worth mentioning in comparison to the profit made by opiate manufacturers and traffickers, it serves Afghan farmers with an income twice as high (8.4 USD/day) as the daily wage for other farm labor ($4/ day) and is used to cover basic needs like food or medical expenses. In some cases, it is also invested into education, property, or farming utensils. This direct effect and the indirect profit consequently drawn by local businesses have led to a decrease of poverty in the respective areas of this country, where the average cash income per person living in rural areas is less than the international threshold for extreme poverty: In villages with poppy cultivation only one third of the people live below the poverty line – as opposed to 45% in villages without. An increased salary, however, is not the sole factor driving the rural population to grow poppy. Whereas another primary reason is the mere absence of markets for alternative crops, observers have also seen strong correlations between such illicit agriculture, the security/control provided for by the government, and the development of infrastructure associated with number three and four of the 17 Sustainable Development Goals, namely “Good health and Well Being” and “Quality education”. Districts showing a large amount of poppy cultivation bare significantly lower access to health care as well as schools. The contrast becomes even starker when distinguishing between medical centers with and without female staff and boys’ and girls’ schools 6

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respectively. While 64% of the villages not participating in the opium industry have access to health care, 82% of which also have female staff, the latter is the case in only 22% of the villages engaging in poppy cultivation and the former in 45%. The number of schools open to girls doubles in areas without illicit agricultural activities, and the number of boys’ schools increases by almost fifty percent. This is not merely the case because a lack of education leads to opium production, as you may assume, but because the presence of education increases and illegal work decreases if an area is under government control and thus has a certain standard of security. While the cultivation of opium poppy does limit poverty and improve local economies to a certain extent, it unfortunately barely accounts for economic, or any, growth on a national scale, because only insignificant amounts of farmers’ turnovers are used for investing in alternatives, as previously mentioned, and, furthermore, opium producers and traffickers often only spend profits within the drug industry or outside of Afghanistan. On the contrary, it has contributed to societal problems by “[fueling] instability, insurgency and terrorist groups, as well as drug consumption.” While enforcing a ban on opium production in 2000 won the Taliban international support, it increased local opposition towards the regime as it meant impoverishment for a great part of the rural population. Thus, they soon removed their prohibition in order to regain public support. As the number of drug addicts in Afghanistan increased, the belief that drug consumption was only for the unfaithful ceased, so that by now, at least five percent of the manufactured drugs are consumed within the country having the highest rate of drugaddicted children.

“the absolute amount of opium produced increased by 43% from 2015 to 2016”

development process so that all unique circumstances can be taken into account. Another essential objective is the establishment and improvement of infrastructure, and thus government control, as this has proven to have such a big impact. Electricity, without which first-world-country residents could barely imagine life, for example, is currently only available in 3% of opium poppy cultivating villages and in 12% of non-cultivating ones.

“these issues have likely been exacerbated through opium poppy farming, as exemplified by the situation in the province of Hilmand, where poppy cultivation is present in almost 90% of the villages” To make matters worse, growing such crops has limited agricultural possibilities and damaged the environment. Whilst several Afghan provinces already suffer from desertification and drought as consequences of a decrease in precipitation and an increase in temperatures over the last fifty years, these issues have likely been exacerbated through opium poppy farming, as exemplified by the situation in the province of Hilmand, where poppy cultivation is present in almost 90% of the villages: “Hilmand province saw a rapid expansion of the agricultural area north of the Boghra canal from only 834 ha of arable land in 1999 to 26,600 ha in 2010. These increases were achieved by using already scarce water resources by hoarding water from the irrigation system and by rendering financially viable pumping from the aquifer through tube wells. Covering the initial costs of diesel fuelled pumps and the running costs for diesel during cultivation 8

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was made possible by the proceeds from lucrative opium poppy cultivation. This expansion of arable land was largely dedicated to opium poppy cultivation, constituting up to one third of the land potentially available for agriculture. The sizable investments necessary to improve the land required high production levels of opium, and might have led to an overexploitation of soil and water.” The fact that Afghanistan’s drug issue finds its base in so many factors and leads to such multifaceted consequences definitely needs to be taken into account when addressing the problem. As the majority of the manufactured opium is however consumed outside of the country (see map of global flows of Asian heroin), “and with hundreds of tons of precursor chemicals being diverted from licit international markets and smuggled into the country each year”, this problem cannot be solved without responsibility and action being taken by the other countries involved. Conclusions drawn by the United Nations Office on Drugs and Crime, which attempts to monitor activities relating to illicit crop cultivation in Afghanistan under the Illicit Crop Monitoring Programme, are the necessity of long-term financial and political support as well as a “better understanding of the links between poverty, illicit drug cultivation, production and trafficking”. Finding licit job opportunities for farmers and empowering women to work seem to be two major steps to reduce the dependency of the Afghan rural population on the opium industry. It is vital to include affected locals in the alternative

While the relative value of the opiate industry has decreased significantly (from 2003-2007 it was worth almost half of the Afghanistan’s licit GDP), the absolute amount of opium produced increased by 43% from 2015 to 2016, and its value doubled from 1.56 billion US dollars to $3.02 billion, which is, however, also attributable to rising opiate prices in surrounding states. The increase to 4,800 tons in opium production was due to more farmers engaging in cultivation, the acquirement of larger areas for farming, and a higher opium yield per hectare, after having seen a decrease in previous years due to unsustainable farming as illustrated above. Furthermore, the presence of eradication efforts was greatly reduced as a result of lower security. In conclusion, having Afghanistan turn its back at illicit opiate production is an event that requires great efforts, not solely by Afghans. As the presence of infrastructure to provide for alternative markets, education, and health care is so crucial to

sustainable development, the security situation in Afghanistan needs to be improved and stabilized. Regarding the wages the industry currently provides, 235,100 licit full time jobs need to be created in order to replace it. These are matters that call for support from foreign investors, whether financially or politically. Finally, of course, since this is, like all markets, a question of supply and demand, the international community has to work and cooperate in order to address the drug problem existing globally, as Afghanistan is only a (big) part to the puzzle. SOURCES: Sustainable development in an opium production environment – Afghanistan Opium Survey Report 2016; published by the United Nations Office on Drugs and Crime in May 2017 https://www.foreignpolicyjournal.com/2015/11/27/the-drug-tradein-afghanistan-understanding-motives-behind-farmers-decisionto-cultivate-opium-poppies/ (last accessed 25 May 2017)

Article by Jessica Appelmann / LLB 2

AUTUMN 2017

ARTICLE

CANADA’S HIGH HOPES Canada revealed plans to legalise recreational marijuana use by July 2018, but did they consider the international consequences?

This past April, the Canadian government announced their plans to legalise recreational marijuana use by July 1st 2018, which has thrust the country into an International legal limbo. Legislating drug use has been a persistently divisive issue amongst Western nations, acking uniformity between legal systems. Little legal common ground exists in the realm of drug regulation. However, most nations, including Canada, have ratified three United Nations (UN) Treaties concerning drugs: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Canada’s new marijuana legislation violates all three of these UN conventions, and the matter is further complicated by Canada having passed the deadline to withdraw from the treaties in time for their selfimposed July deadline. With withdrawal from these Treaties off of the table, the question arises: what are Canada’s remaining legal options? 1. Change the Canadian Constitution Changing the Constitution does seem a drastic measure, but the aforementioned UN Treaties allow for exceptions if their guidelines conflict with a nation’s constitution. 10 N E X U S M A G A Z I N E

This legal loophole has been utilised before, as evidenced by Bolivia’s Constitution change to allow their citizens to manufacture, possess, and recreationally use coca leaves. However, Bolivia’s actions drew the ire of the International community, including the International Narcotics Control Board. Bearing in mind Canada’s concern for International optics, and the political pitfalls of editing the constitution to include drug us, this is an unlikely option.

process of withdrawing from a treaty since the process takes 12 months, which would theoretically make a reservation impossible under Canada’s current legalisation timeline. 3. Delay the Legalisation of Marijuana Logically, when faced with looming International repercussions, the simplest solution would be to postpone recreational marijuana legalisation so that Canada can conform to the UN treaties, and take the appropriate measures to withdraw, or request a reservation, in a timely fashion. Whilst this would seem logical, Canada’s internal politics must be taken into consideration. For example, if this proposed legalisation were to be delayed until July 2019, it would fall worryingly close to the 43rd Canadian Federal Election. Additionally, while Prime Minister Justin Trudeau and the Liberal Party of Canada remain quite popular, their approval rating has been in steady decline over the past year. So, in the case of legalising recreational marijuana use, politics trump logic and the Canadian government remain laser-focused on their July 1st 2018 target date. 4. Do Nothing The Canadian government has maintained an eerie silence on how they will remain in

“while Prime Minister Justin Trudeau and the Liberal Party of Canada remain quite popular, their approval rating has been in steady decline over the past year” compliance with the three aforesaid treaties, which has drawn a bevy of reproach and uneasiness from within, and outside of, Canada. On this current trajectory, it is definitely in the realm of possibility that Canada simply ignores their obligations to the treaties. Conversely, Canada would not be the first nation to ignore these treaties, as evidenced by Uruguay’s legalisation of commercial and recreational marijuana use in 2013.Although, they would be the first G8 nation to do so at a national level. Washington state and Colorado, in the United States, have often been cited by Canadian officials as an example of another G8 nation violating the same treaties. Nevertheless, this appeal to hypocrisy is not a sound justification for not taking the appropriate legal measures.

2. Request a Reservation to the Treaties Another option would be for the Canadian government to request a reservation for the marijuana clause in the UN Treaties. Nonetheless, achieving such a goal is easier said than done due to the fact that Canada must gather the support of other member States to do so. Furthermore, if any concerned States object to the reservation, the reservation would be rejected, thus bringing the Canadian government back to square one. An alternative workaround is the heavily critiqued process of denunciating a treaty in order to then re-accede to the same treaty with these newfound reservations. This controversial course of action was taken by the Bolivian government in the case of their coca leaf legalisation. Although, a reservation is akin to the AUTUMN 2017

ARTICLE

SHOULD CANNABIS BE SUBJECT TO LEGALIZATION? Zeroing in on the rationale of the legalization of cannabis, by providing a background to its development, and by utilizing Uruguay as a case study.

“Such a message can have much larger ramifications outside of drug regulation, and runs the risk of undermining Canada’s role in future international negotiations” Bearing these options in mind, where does this leave Canada’s legal predicament? The short answer is that, for now, there is currently no clear-cut solution and no way to glean the Canadian government’s intentions towards these treaties. One important point is that these recreational marijuana laws have been proposed for a reason and could potentially have a profoundly positive effect on Canada’s culture, economy, enforcement and prevention of drug abuse. Just as Washington and Colorado have been cited as an example of a violation of these UN drug treaties, they are also used as a glowing example of the success of responsible recreational marijuana legalisation. Regardless of one’s viewpoint on the matter, the Canadian legislator believes that these proposed laws are beneficial for the country as a whole. It is also important to note that these treaties are seen as many to be outdated and rigid, especially considering that the most recent treaty entered into force nearly thirty years ago. However, justified criticism of a treaty 12 N E X U S M A G A Z I N E

does not enable a country to simply ignore their obligations to said treaty. Canada is currently walking the fine line of international relations, and are at risk of severely weakening their stance within the International community. These rigid drug treaties may seem trivial at first, and legalising marijuana is a very small violation in the grand scheme of International law, but a misstep could have a large ripple effect upon the perception of Canada by the international community and their fellow UN Nations. After all, these drug treaties are held in the same esteem as other vital international treaties that regulate human rights, war crimes, peacekeeping, and so forth. By undermining one, or three in this case, of these treaties, a message is sent that denotes a lack of respect for these international laws. Such a message can have much larger ramifications outside of drug regulation, and runs the risk of undermining Canada’s role in future international negotiations. In the end, no nation can curate their own obligations to the rest of the world, and should instead strive to prevent a pan-global predicament such as Canada’s current circumstance.

Cannabis — as we all know currently, the number of people using marijuana is increasing drastically. Even though this is the case, not many people know what marijuana actually consists of, the advantages and the disadvantages of it. Marijuana has been around for hundreds of years however, despite this, scientists still did not understand the very first thing about marijuana in the middle of the 20th century. How it worked and what it consisted of was a mystery for everyone. Because of its illegality no scientist was willing to examine and understand the composition of marijuana. So who was the first person to ever examine marijuana? Well, this dates back to 1963, when a young organic chemist in Israel, namely Raphael Mechoulam, started working on the composition of the plant. Through this research, Mechaulam discovered that the plant is composed of two key ingredients

namely, THC (Tetrahydrocannabinol) and CBD (Cannabidiol). THC is the cannabinoid which causes the feeling of ‘high’, unlike the CBD. It alters neurotransmitter release which effects the spinal cord, resulting in pain relief and relaxation. THC also has other effects such as, it increases appetite and reduces nausea — in addition, it can be beneficial for those individuals who are undergoing chemotherapy or other treatments where nausea is a side effect. The cannabinoid CBD reduces pain and inflammation. Moreover, the scientists believe that there might be a possibility of CBD to treat mental illnesses and addictions. Even though Mechaulam’s research has shown that cannabis can have many benefits, he does not believe in the legalization of the drug . According to him, high dosage of THC can alter the developing brain, especially in young adults. Furthermore, in some people the consumption of cannabis

Article by Konrad Turnbull / LLB 1

AUTUMN 2017

can provoke serious anxiety attacks. Due to medical developments the general public is more aware about the benefits of cannabis. Many people started to question the legalization of cannabis, as after all it has certain benefits. A number of countries are moving towards legalization of the drug however, numerous others believe that this should be completely illegal. There are different arguments which support the legalization of cannabis. It has been proven that cannabis has less harmful effects than cigarettes and alcohol, which are both legal. Many also argue that the government should not criminalize cannabis since it is a natural substance. One of the main reasons which supports the legalization of cannabis is that the prohibition of the drug has enormous social costs. The effects of prohibition ‘run from wasted resources to ruined lives’. In counties where cannabis is prohibited, the authorities spend thousands of hours in order to find and criminalize those who consume the drug. Moreover, the prohibition of cannabis does not stop the people from consuming it by the means of the black market. According to the Drug Policy Alliance, the authorities spend over $51 billion annually on prohibition of cannabis without being completely sure if it stops its production. There are many people who are against the use of marijuana however, they support the legalization of the drug. After all, substances which are legal can be controlled unlike those which are illegal. The first ever country which started to legalize the use of cannabis was Uruguay. Uruguay passed legalization in relation to decriminalizing the users of recreational cannabis. The authorities in Uruguay are more concentrated in promoting the country’s institutional efforts in drug prevention programs, offering help to those who are potential users of cannabis and trying to prevent drug trafficking. Despite Uruguay having a very small population, it is one of the Latin American countries which promotes different laws that allow the citizens to enjoy their liberties. In 1998, Uruguay passed legislation allowing a legal minimum dose of cannabis, partially decriminalizing its consumption. In 2012, the government proposed to develop new legislation which would regulate the production and consumption of cannabis. The main aim

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“According to the Drug Policy Alliance, the authorities spend over $51 billion annually on prohibition of cannabis without being completely sure if it stops its production” of this legislation was to alter Uruguay’s anti-drug policy — it was more important for everyone to fight against drug trafficking than against consumers. In 2013, after the approval of both houses of the General Assembly, the government started to regulate the consumption and the production of cannabis in Uruguay. The regulation which was adopted allows the Uruguayan citizens and residents to acquire cannabis for recreational purposes by three means: self-supply, membership clubs and direct purchase in pharmacies. Domestic Cultivation —> The current law in Uruguay in relation to cannabis allows the citizens and residents, in the territory of Uruguay, to grow cannabis for self-supply. These citizens are allowed to cultivate up to six plants — 480 grams — per year. However, before cultivating marijuana for self-supply, the citizens have the obligation to register at the Institute of Regulation and Control of Cannabis (IRCCA). There are two requirements that the citizens have to fulfill: they have to submit a certificate of Uruguay identity and also a proof of residence. Without registration with the IRCCA, it is illegal to cultivate marijuana. Membership Clubs —> The regulation adopted also allowed the creation of membership clubs. These membership clubs have the right to possess up to 99 cannabis plants. In order for the clubs to exist, they also have to fulfill certain requirements however, these requirements are more complex than the ones for self-supply. Firstly, they have to be composed of 15 to 45 members. The clubs also have the obligation to register with the IRCCA. Until the end of September 2016, the IRCCA had approved 20 clubs. Additionally, the cost of entering a Cannabis club varies from $20 to

$1800 per month. Marijuana in Pharmacies —> The authorities in Uruguay are interested in investing into pharmaceutical companies which carry out research about the medical uses of cannabis. Furthermore, they have already opened several courses in relation to the medical use of cannabis. The pharmacies do not yet sell cannabis for recreational use. Moreover, only the pharmacies which are legally established may apply for registration at the IRCCA. Those who are willing to acquire cannabis from the pharmacies have the duty to give their data to 3 different institutions: the IRCCA, the judiciary and also the Drug Board. The regulation allows the Uruguayan adults to buy 10 grams per week, or 40 grams per month. In addition, the pharmacies have the obligation to analyze the fingerprints of those who purchase cannabis. Companies that provide cannabis to the pharmacies are allowed to produce 4000 kilos per year, then each pharmacy is allowed to have a reserve of 2 kilos. From the example of Uruguay, it is clear that the authorities are trying to regulate the use of cannabis by implementing different measures. The possibility of the authorities to regulate the prices and the availability of the drug will reduce the damage caused by the black market.

Following the Uruguayan example, many countries consider moving towards the legalization of cannabis. This would ensure the safety of the drug, reduce the number of criminal organizations, raise the revenue for the treasury and protect the public health. Nick Clegg, a former deputy PM in the UK, stated that ‘Cannabis prohibition is being swept away on a tide of popular opinion and replaced with responsible legal regulation. Now is the time for ministers to start writing the rules for this new legal market, including age limits and health warnings, so that we can finally take back control from the criminal gangs.’ It is essential to remember that whether cannabis is legal or illegal, it will continue to exist and people will continue to consume it. Thus, ‘the only sensible approach now is to legalize and regulate cannabis’. So what is your opinion? Should cannabis be subject to legalization?

Article by Tamara Poghosyan / LLB 2

AUTUMN 2017

ARTICLE professionals; further supported by a team of technical experts.

A NEW APPROACH ON DRUGS: PORTUGAL AS PRECEDENT “Guaranteeing the rule of law needs to be viewed as a concept wider than mere coercion; it also encompasses inclusive access to justice delivered fairly, in full respect of human rights, through a robust system that places authority in the hands of relevant institutions, with appropriate safeguards.” - United Nations Office on Drugs and Crime (World Drug Report, 2016) Portugal introduced a reformative law in 2001 that shifted its approach to drug use,possession, and acquisition of all types of illicit substances, known as Law 30/200. The legalisation decriminalised all types of illicit substances for personal use, defined as being up to ten days supply of such substance. The approach is known as decriminalisation, which removes the use of penal sanctions for drug possession. Before the reform, offenders are liable to fines and may be subjected to years of prison arrest. However, criminalisation did not seem to work in Portugal — there was an imminent rise of recorded incidences of treatment for drug use that soared fivefold throughout the 1990s: 56,438 in 1990 to 288,038 in 1999. By

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then, the majority of treatment were given to heroin users, as popularity of intravenous heroin drug use was accompanied by a surge of number of open-air drug markets and use of drugs in public. In 1999, Portugal was the Member State with the highest rate of drug-related AIDS cases within the EU and the second highest prevalence of HIV among injecting drug users. The National Commission of the National Strategy to Combat Drugs submitted a proposal to legislators that included the reclassification of prohibition of drug use as an administrative regulation rather than a criminal penalty. They also intended to increase enforcement of laws concerning prohibition of trafficking and distribution, increase of efforts for social and vocational reintegration of drug users, and doubling investment of public funds in treatment and prevention services. Upon approval of the proposal, the government introduced Commissions for the Dissuasion of Drug Addiction (Commissões para a Dissuasão da Toxicodependência — ‘CDT’), a regional panel consisting of three groups of people: social workers, legal advisors and medical

Police authorities refer citizens who are found in possession of drugs to the CDT, who will be obliged to appear before the CTD within 3 days. Using methods of targeted responses including sanctions and imposition of community service, fines, suspension of professional licences and bans from attending designated areas, CDT aims to dissuade new drug users and encourage dependent users to enter treatment. Sanctions are proportionately balanced to the situation of each offender, whom are classified into occasional or dependent users. For the latter group, usually CDT would not impose a fine but recommend individuals to enter treatment or education programmes instead. It is imperative to note that these lenient and health-oriented approach only applies to users, since the law was intended to refocus police resources on individuals who profit the most from drugs trade: growers, dealers, and traffickers. Furthermore, the CDTs were established in each of its 18 regions to receive referrals of drug users from the police and courts. The CDT was accompanied with a central support department that assist and record all contacts within the organisation. As of the moment, there are 73 specialise public and private treatment facilities and communities, 70 public outpatient facilities and 13 accredited day centres. There were also a significant increase of drug education in public and private schools. At the time of the reform, various political figures expressed their concern that there would be an increase of drug usage among the youth and the degeneration of Lisbon into a “drug haven” for tourists. However, after years have passed since the reform, it is hard to deny that Portugal’s drug problem has shrunk as compared to times before the law’s enactment. There was a roughly 60% increase uptake of treatment, 17% reduction of new HIV diagnoses amongst drug users, 90% decrease of drug-related HIV infection, and a significant reduction of drugrelated deaths. This reform also reduced the workload of the criminal justice system, whom were burdened with the enormous amount of drug-related cases. It is difficult to assess the impact of decriminalisation since many data and statistics are also influenced by various aspects such as culture,

“There was a roughly 60% increase uptake of treatment, 17% reduction of new HIV diagnoses amongst drug users, 90% decrease of drugrelated HIV infection, and a significant reduction of drugrelated deaths” socio-economic condition, welfare, and not the legislative reform alone. Yet it is prevalent that since such reform, the effects have been exceedingly positive. There was also a shift of stigmas: drug addiction was no longer considered as an unsolvable problem, instead the society accepted that drug addiction is a problem amongst their individuals that should be referred to treatment. There was strong support for social reintegration of reformed addicts and extensive social care programmes offered by the government. This has a positive effect on the population’s perspective towards its law enforcement: due to their supportive approach accompanied with governmentfunded preventative and rehabilitative programmes, law enforcement was deemed as not repressive, but more accountable and responsive towards the public. Furthermore, this reform has enabled discussions about drugs to surface in acceptable conversations. Syringe exchanges, for example, was a taboo topic in prison before, but now there were health-related discussions about such topics: this increased awareness and have a direct impact towards health of drug users. However, these improvements did not happen instantly: Portugal encountered various problems with regard to the implmentation of their legislation. Most of these problems were unforeseeable prior to the reform: there were issues with data collection, lack of inclusion of research results into the consideration of the CDTs, problems with acquiring adequately trained personnels into the framework, and most of all, funding problems. The CDTs was excessive in design and this results in uncertainties with regard to its governance system: there

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“A central feature of this system is the concept of harm reduction: if you cannot tell a society to not to do something (since criminalising the act has not granted positive results), you reduce the harm that might emerge”

was a competing supervisory role as the CDTs were governed solely by the Health Minister, but their technical support, including staff, budget, and procedural guidelines were provided solely by the Institute for Drugs and Addiction. The CDTs were also known to be bureaucratic and very resource intensive, the keyimpediment to the programme since there were changes in political willingness to prioritise the funding due to its resource demanding system. The system also demands collaboration from various institutions within the domestic government. Although the Portuguese system did not work out as successfully as anticipated, this could have been a valuable experiment conducted by its government in which its results should be used for other countries when considering their drug policies. If a decriminalisation approach was to be undertaken, it is now clear what such approach would demand: a shift in attitude in practices, collaboration, and a systemic approach. Despite the positive results in Portugal, decriminalisation of drug use does not come without its critics. It is argued that decriminalisation might increase the amount of individuals willing to experiment with illicit substances. It is also feared that such decriminalisation will further becomes a push towards legalisation, hence becoming a government’s message, or at least a partial endorsement, towards harmful habits and lifestyles. It is accepted that drug usage in general is harmful and dangerous, however it must be noted that this approach

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is suitable depending on the nation’s circumstances and needs. Drug usage, if classified as a criminal violation, will redirect resources from the law enforcement and the judiciary towards investigating and dealing with cases of personaldrug use, which is not in itself dangerous towards the society. The reason drug trade has been remarked as one of the most dangerous is due to the institutions gaining profit and monetising something that is inherently illegal: the use of violence becomes prevalent and the practice has became dangerous. Many dealers and suppliers who compete in a remarkably underground society becomes inclined to mix much powerful and addictive substances to their products, in the effort to maximise their profits. A central feature of this system is the concept of harm reduction: if you cannot tell a society to not to do something (since criminalising the act has not granted positive results), you reduce the harm that might emerge from the activity. There were introductions of needle exchange programs, since syringe exchanging can lead to spreading infections such as HIV or Hepatitis C. Medically supervised facilities were built to provide a hygienic and stress-free environment for drug consumers: they provide sterile inject equipment, information about drugs and basic health care, treatment referrals, and access to medical staff. Another example of the concept is the Opioid Replacement Therapy, a medical procedure of replacing an illegal opioid, such as heroin, with a longer acting but less euphoric opioid like methadone and buprenorphine

under medical supervision. This is also practiced in some other countries of the European Union such as Switzerland, Austria, Slovenia, and Germany. The harm reduction concept also can work towards the recent approach of smoking electronic cigarettes that is less harmful to the individual. The success of Portugal’s approach is due to the combination of the law and the services surrounding drugs. Parallel to government services, non-profit groups play a role in providing clean needles and even distributing crack pipes in places known as popular drug-using locations. They are known as ‘drop-in’ spots that are very open but never receive complaints. The general attendee of such drop-ins are also eager to get medically tested through non-profit groups, therefore incentivising drug users to be within the public health system and be within the government’s outreach — and somewhat — control. The removal of stigma towards drug use helps individuals to help themselves, with the existence of facilities that provide services to combat addiction, also with the ability to communicate to individuals relating to their drug use. This changes the basic idea of addiction, instead of a criminal activity, it is treated as a chronic disease in which treatment for it is sought and its perpetrators helped instead of being imprisoned. In 2009, Czech Republic followed Portugal’s steps and revised its penal code and removed criminal penalties for the possession of drugs below ‘large’ quantity. The international community has shown support in line with the decriminalisation approach since in 2011, world leaders broke the taboo and demanded an end to the “war on drugs”.

Global Commission on Drug Policies have established five key pathways to drug policies that work in 2014: put people’s health and safety first, ensure access to essential medicines and pain control, end the criminalisation and incarceration of people who use drugs, refocus enforcement responses to drug traffickers and organised crime, and regulate drug markets to put governments in control. Furthermore, the Office of the High Commissioner for Human Rights, United Nations Development Programme, World Health Organisation and Joint United Nations Programme on HIV/AIDS publish papers recommending the decriminalisation of drug us and possession in 2015 and 2016. In short, punitive approaches towards drugs had proved to be a failure: many repressive drug policies create far more harm than the drugs themselves. Various young individuals that have experimented in the drugs ended up with a criminal record and a such it became an impediment towards their lives. The right of privacy is a fundamental human right and government’s interference is only allowed when it is necessary and proportionate for a legitimate aim, such as preventing the risk in others. In cases of minimal drug use, this is hardly the case. Furthermore, punitive drug laws have a direct impact on prison overcrowding and an increase of workload for law enforcement and the judiciary. Towards the future, more countries should follow the international perspective as endorsed by the United Nations based on direct evidences and legal perspectives on decriminalising drug use and possession. Portugal has been deemed as an exemplar of this model, albeit with its own struggles. Instead of being discouraged with Portugal’s complication while implementing their law, countries should learn from its mistake and apply recommendations and observations as endorsed by academic research to guarantee the system’s success: a shift in attitude in practices, collaboration between government’s institutions, and a systemic design of the administrative system designated for individuals found with personal drug use.

Article by Jocelin Tjandra / LLB 3

AUTUMN 2017

OPINION

Three RUG students give their opinion on the legalisation of smart drugs

WOODMAN DICKINSON

SMART DRUGS

In recent years, the use of so-called ‘smart drugs’ has become more and more common on university campuses worldwide. For example, some estimates suggest that up to 40% of British students have used drugs as a study aid at some point in their academic careers. Most commonly used are ADHD drugs, such as Ritalin and Adderall, which are normally only available on prescription. While these drugs have been shown to bring about slight improvements in cognitive ability, students mostly use them to improve focus and energy levels. Given that most of us are familiar with that point of an all-nighter when coffee seems to make no difference and the material has long ago stopped making sense, it is easy to understand why students are tempted to use chemical study aids. However, should these drugs be widely available? My belief is that they should not. First, there is a reason that these medicines are only available on prescription; sustained use can lead to addiction, and the very long list of possible side effects includes heart palpitations, nausea and anxiety. Very well, one might say, it is up to the individual student to decide whether or not is it worth it – no one will be forcing anyone to take these pills, and we are hardly talking about crack cocaine. At first glance, this argument seems to make sense, but it does not stand up to further scrutiny. Making these substances widely available, without prescription, would almost certainly lead to a sharp rise in their use. If this were to happen, it is not difficult to imagine a situation in which students might feel that they had to use ADHD medicines in order to keep up with their peers. Of course, prohibiting drugs does not make them completely inaccessible, but it at least keeps the rate of use down to a level where they are not the norm.

Should the scientists prove their worth, smart drugs will produce a rich crop of wrangling for the politician, the lawyer and the ethicist. Personally, I remain unconvinced of the need for smart drugs. The slightly glib argument that smart drugs are a means to scientific and social progress seems spent when pitted against the facts. Society does not only consist of the Carl Sagans and Francis Cricks that use drugs for the development of science. Those with the wallets to pay for smart drugs are prone to use these substances and succeed in tapering off access to feeder schools and universities for the poor and unprivileged masses. Ethically, smart drugs are a hard pill to swallow. Unlike mind-bending drugs that could possibly have corrosive effects, the promise of ‘smart drugs’ is one of more rapid learning. With the exception of medicated use by sufferers of Down’s syndrome and similar conditions, opening up the market floodgates to smart drugs would create a loophole for privilege and elitism to lock up university doors to the poor and socially disadvantaged. No true blue liberal or leftist should defend a system that would knowingly hitch society to a harness. While classism is one threat that may emerge, another aspect is educational practices. Students, when presented with an easy or hard path, would putatively pick the former. Smart drugs may very well be the gateway to a culture of ‘memorisation for memorisation’s sake’. While some might reap these early benefits, the practical skills that will be gained are slender. The very promotion of critical thought, interest and academic debate that education epitomises can be at stake if schools and universities start promoting smart drugs. While students might benefit in the short term by reaping good grades, there is no clear scientific consensus on what the long-term effects of smart drugs are. Therefore, before allowing society to swallow the smart pill, we need to know all the side effects first.

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Smart drugs are a highly debated topic, and it comes to no surprise that right before the exam period, this subject becomes a matter of interest again. The use of smart drugs is a relatively new phenomenon, and the question of legalizing its use is questionable.

JAMIE BEHRENDT

CHRISTIAN DELEV

Beyond the possible physical side effects, I have deep philosophical reservations about a situation where drugs are habitually used to improve performance, whether academic or professional. There is something particularly repulsive about the idea of a society in which people feel pressured to take drugs every morning to improve productivity. There is nothing wrong about working hard, but for it to be normal to chemically alter one’s brain on a daily basis in the pursuit of productivity is going too far.

The though behind the consumption of smart drugs can be tempting: Nootropics can boost your creativity, improve your memory, and increase your study performance. More and more students fall for those socalled study drugs, which should magically make them pass their examination with exceptional grades due to the new wisdom acquired by the possibility of intensely productive studying. It is quite easy to forget about the possible side effects, such as the addiction triggered by the thought of not being able to handle the study without the drugs, resulting in a never-ending circle of dependence on the substance. It is true, that the permanent physical side effects are still under assessment, but the psychological addiction is a matter of fact. If the physical side effect remains to be absent, it can be argued that its up to each one of us to decide whether or not to make use of such a drug; if however, there is any proof of a permanent physical side effect next to the obvious psychological criterion, the use of such a drug must be prohibited in the general interest of public health and specially the protection of students. Furthermore, it must be kept in mind, that when student life already creates such a burden on a young person that he need to make use of Nootropics, how can this person generally believe to survive outside the campus in the a competitive work environment? The pressure in the field of employment will be as burdensome as it is in student life. In that sense, it might be more effective to take one step back, take a deep breath and then refocus, instead of starting to avoid your troubles with so-called smart drugs. Who knows where they will lead you …

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A N A LYS I S

HEROIN ADDICTION, RECOVERY AND NO SHAME CRYSTAL OERTLE AT TEDX COLUMBUS: STIGMA PREVENTS RECOVERY - ERASE THE SHAME When you hear the phrase “heroin addict”, what image do you form in your head? What about when you hear the term “recovering drug addict”? Many of us would picture a frail, thin person wearing dirty clothes and lying down on a public bench; only a minority would picture otherwise. This image of a drug addict that the majority of us have created in our minds is indicative of this one word: stigma. Stigma can be defined as a “mark of disgrace associated with a particular circumstance, quality or person” . The negative stigma placed upon people who are recovering from drug addiction is still very prevalent. In this TEDx Talk, Crystal Oertle, a recovering heroin addict, tells the story of her addiction and road to recovery and uses it to demonstrate why removing the stigma and shame from addicts encourages more users to seek help. The lack of shame makes it easier to reach out for help when you are unafraid to do so. Here is her story. Crystal’s abuse of drugs began when she was just twenty years of age. She was offered and quickly accepted vicodin, a pain medication. Vicodin became an everyday addiction. Soon her tolerance for the drug grew to a point where she needed stronger drugs and heroin became the next viable option. Within a short period of time, Crystal was consumed by her addiction; it is then that her life took a downward spiral route. She, and her partner who enabled her addiction, would make daily two-hour journeys to purchase heroin for consumption and selling. In her talk, Crystal alludes to the fact that her addiction made her selfish. She outlines how neglectful she became of her teenage son, often leaving him unattended for those two hours in a public skate-park. Her drug use became a downward spiral cycle of stopping and relapsing and it took the non-judgemental intervention of her family to wake her up from her nightmare. She was consumed by her addiction - she made two hour journeys daily, sometimes

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with her young child in her presence. She resorted to selling her property. Her romantic partner enabled her. There were several instances where she was almost caught. She became a neglectful mother. What prompted her to want to quit was her son’s hospitalisation - but she soon relapsed. It affected her relationship with her family members. Her selfish behaviour had reached its peak and she was finally able to quit. Crystal points to the fact that most drug addicts are riddled with shame, shame that stops them from reaching out and seeking help from their families and professional services. It is worsened by the stigma brought upon them by the larger. The stigma paints an often one-sided picture

of a vile and selfish human being who is unable to control their habit and whose only purpose is to wreak havoc in society. Whilst this picture is not false, it is incomplete and is not reflective of the full demographic of those who are abuse drugs and fall into the path of addiction. As a result, those who genuinely want rehabilitation and are in dire need of help fail to seek out for it out of fear of being placed in this stigma. Crystal speaks, in this talk, about how removing the stigma creates a space for addicts to come out of the dark and take the first step to recovery. Her message: Addiction can affect anyone, regardless of lifestyle - the stigma does not always apply. She was helped by the support

of her family. They were not ashamed of her. Her main message - the stigma that society has on drug addicts hinders them from wanting to get help. There is no shame in help. Her Twitter: @crystal_oertle Website: www.erasetheshame.com

Analysis by Tatenda Madondo / LLB 2

AUTUMN 2017

FINALLY, WE WOULD LIKE TO THANK ALL WRITERS AND READERS FOR MAKING THE COMPLETION OF THIS MAGAZINE POSSIBLE. WE MAKE THIS MAGAZINE FOR YOU, THEREFORE WE RELY ON YOUR FEEDBACK, COLLABORATION, INPUT AND COMMENTS IN ORDER TO KEEP PRODUCING MAGAZINES THAT YOU WANT TO READ. SO, PLEASE BE IN TOUCH! - The Nexus Magazine Editorial Team

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