Psychedelic Abstracts
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ADLER, PAUL
Prisoners of Conscience
New Society; 1973, 23, 547, Mar 29, 695-697.
A phenomenological study of the interaction patterns between prisoners serving sentences in prisons in the United Kingdom for contravention of the laws relating to the possession & use of psychedelics, & prisoners of other categories. The data were obtained from researches in 4 United Kingdom prisons, to which the author chose to be committed (in preference to psychiatric institutions) to enable him to perform the research. In attempting to verify the hypothesis that offences of the type mentioned are essentially 'crimes without victims,' the ethics & interaction patterns of the psychedelic offenders were examined to see if they in fact formed a normal subgroup of the prison population, or whether they formed a distinct category.) The psychedelic drug offenders were found to form a distinct group from the rest of the population, were found to restrict socialization to members of the distinct psychedelic group, were to found to have shared norms, values & ethics which were at variance to those of the prison population as a whole, & were recognized as a distinct group by the prison authorities. Even in the extreme cases of prison interaction, demonstrations, they were found to form a distinct group which was able to exercise a definite influence upon the other sections of the prison population. The overall conclusion is that the present laws under which psychedelic drug offenders are imprisoned can at best be thought of as counterproductive, at worst as heinous.

Dealing with drugs : consequences of government control
edited by Ronald Hamowy.
Lexington, Mass. : Lexington Books, c1987. xi, 385 p. ; 24 cm. -- (Pacific studies in public policy) Includes bibliographies and index.
Keywords:
Narcotic laws--United States.
Drug abuse--United States.

FISHER, GARY; STECKLER, ALLAN; STRANTZ, IRMA; NABHOLZ, EMILY
The legalization of marihuana: Views of several American populations of users and non-users.
Journal of Psychedelic Drugs; 1974 Jul-Sep Vol 6(3) 333-349
Re-examines the findings of a 1969-1970 opinion survey of 2,728 adults on their views regarding the liberalization of marihuana laws. It was found that as marihuana use increases, there are more liberal attitudes toward disposition of users and legal control, and an increase in the belief that marihuana will be legalized.

LUCCHINI, RICCARDO
Law and Drug Dependence: The Case of Switzerland: The Application of Federal Law to Narcotics; Loi et toxicodependance: le cas de la Suisse. L'Application de la loi federale sur les stupefiants
Revue francaise des affaires sociales; 1983, 37, 3, July-Sept, 145-164.
Switzerland, like every other nation, has laws regulating the production, distribution, & consumption of narcotics. The latest major revision of these laws was adopted in 1975. The illegal consumption of drugs is perceived by the government as a type of deviant behavior that the society may punish by stigmatizing the offenders. The Swiss antidrug laws are designed to help drug abusers seek treatment & discourage abuse by those with no prior narcotics experience. The medical model of drug abuse has now been replaced by a psychosocial model. In 1980, Switzerland had 5,831 convictions for possession or consumption of hashish, 2,827 for heroin, 745 for LSD, 585 for cocaine, 257 for amphetamines, & 248 for morphine. Foreigners are relatively more frequently convicted of drug offenses than are Swiss citizens.

MATHRE, MARY L
A survey on disclosure of marijuana use to health care professionals. Special Issue: Marijuana--an update.
Journal of Psychoactive Drugs; 1988 Jan-Mar Vol 20(1) 117-120
Surveyed 898 members (aged 14-73 yrs) of the National Organization for the Reform of Marijuana Laws to determine their willingness to share information about their marihuana use (MU) with physicians or nurses. Findings reveal that only 17% of Ss had been questioned about their MU by a physician during their last health care visit. Ss stated that they generally would not volunteer information about MU. Most Ss (59%) indicated that they would admit to MU if asked. It is concluded that most users are not being asked about MU by health care professionals.

SHULGIN AT.
THE CONTROLLED SUBSTANCES ACT: A resource manual of the current status of the federal drug laws.
383 pp. published in Lafayette, California 94549 April 1988. 154 (1988.)

SHULGIN AT
THE CONTROLLED SUBSTANCES ACT: A resource manual of the current status of the federal drug laws.
383 pp. published in Lafayette, California 94549 April 1988. (1988) [#154]
[No Abstract]

SILVERMAN M; LYDECKER M; LEE PR
The drug swindlers.
Int J Health Serv. 1990; 20(4): 561-72
In a number of important developing nations--among them Indonesia, India, and Brazil--clinical pharmacologists and other drug experts are revealing mounting concern over the marketing of fraudulent drug products. These are shaped, colored, flavored, marked, and packaged to mimic the real product. They may contain the actual antibiotic or other drug indicated on the label, but so 'cut' that the product provides only a small fraction of the labeled amount, or they may contain only useless flour or starch. At best, they are worthless. At the worst, they can kill. In most instances, it is believed that these 'drugs' are produced and marketed by local or domestic fly-by-night groups and not by multinational pharmaceutical firms. Blame for these practices is placed on inadequate or unenforced laws, only trivial punishments, bribery and corruption, and the fact that generally 'nobody inspects the inspectors.'

The Controlled Substance Act: A Resource Manual of the Current Status of the Federal Drug Laws. Alexander T. Shulgin. April 1, 1988. photocopy of original privately-printed spiral-bound edition. (velobound with "Psychotropic Drugs and Related Compounds".383 pages. [box v1] [ZEFF LIBRARY]

ZENTNER, JOSEPH L
The recreational use of LSD-25 and drug prohibition.
Journal of Psychedelic Drugs; 1976 Oct-Dec Vol 8(4) 299-305
Reviews the history of the public use of LSD and the legislation in the US against its recreational use. It is argued that a fundamental flaw in the anti-LSD laws is that the potentiality for harm, rather than the harmful conduct, is penalized.

?
California Health and Safety Code
(notes)
Section 11014.5. Drug Paraphernalia
(a) 'Drug paraphernalia' means all equipment, products and materials of any kind which are designed for use or marketed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analysing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this division. It includes, but is not limited to:
(b) For the purposes of this section, the phrase 'marketed for use' means advertising, distributing, offering for sale, displaying for sale, or selling in a manner which promotes the use of equipment, products, or materials with controlled substances.

The Entheogen Law Reporter
Issue #9 - Winter 1995
ISSN 1074-8040
  • Chicago Police Seize Artwork: [10,000 Doses by Gregory Green]
  • Entheogens Around the World
    • Rene Rikkelman, a Dutch Journalist whose writings have been published in the European entheogen-oriented magazines, Soft Secrets and Psycho-Active Network, filed this report about the "Dutch Mushroom Pandemic".
    • John Allen on Psilocybin-Containing Mushrooms in Southern Asia
    • Jochen Gartz on the absence of Analog Drug Laws in Europe: DPT, 2-CT-7 and 2-CE, Psilocybe semilanceata in the UK, Natural Species Protection Act in Holland.
  • Q+A:
    • Where are spore prints legal?
    • Is it safe to order from exotic plant companies?
    • When is a drug an illegal analog?
    • Is growing a plant manufacturing a drug?
    • Is nitrous oxide legal to possess and inhale?
  • Supreme Court Hears LSD Case
  • Book Review: New Book by Jonathan Ott
    [The Age of Entheogens/Angel's Dictionary]
  • Serve Your Community: Donate a TELR subscription to a Court or Law School Library.

The Entheogen Law Reporter
Issue No. Eight - Fall 1995 pp.70-80:
  • Indiana Court Affirms Man's Psilocybe Mushroom Conviction.
  • Federal Anti-Drug Laws May Violate the Commerce Clause.
  • LSD Possession Conviction Upheld Based on Past Possession.
  • Reviews, Resources & Conferences
    • Religion and Psychoactive Sacraments: A Bibliographic Guide
    • Sacred Mushrooms and the Law
    • Psychedelic Abstracts Online
    • Integration: journal for mind-moving plants and culture.
    • HerbalGram
    • União do Vegetal - Conference on Ayahuasca.
    • Ethnobotany and Chemistry of Psychoactive Plants - Field courses in Palenque.
  • Landmark Cases in Entheogen Law - The Neo-American Church
  • DEA Rejects Church's Request for Equal Access to Sacramental Peyote.

The Entheogen Law Reporter
Issue No. Six - Spring 1995 pp.48-58:
  • Recent LSD cases on mandatory minimums.
  • Ketamine-related arrests.
  • Indiana case: Psilocybin v. Psilocybe mushroom.
  • Religious Freedom Restoration Act: Law Review articles of note.
  • Death of an Ally.
  • International Mail Search Case.
  • LSD sentence entrapment.
  • Dog alert to drug-tainted currency.
  • The spectacle of deterrence.
  • DEA jurisdiction.
  • Trichocereus peruvianus.
  • Brugmanisa candida outlawed in Maitland, Florida.
  • Archaic New Jersey law outlaws Jimson Weed (Datura).
  • New York seizures of bufotenine.

Federal Anti-Drug Laws May Violate Commerce Clause
excerpt from: The Entheogen Law Reporter - Issue Eight, Fall 1995, Page 72
The Comprehensive Drug Abuse Prevention and Control Act of 1970 is the law that established the federal scheduling system for "narcotic" or "dangerous drugs.
...

In enacting the federal law, Congress asserted that it was acting entirely within its power to regulate interstate commerce. (See TELR #6, page 57 for a verbatim quote from the Act itself explaining Congress' weak reasoning in this regard.) Previous legal attacks aimed at showing that the federal drugs law was not authorized by the Commerce Clause have all been rejected under Supreme Court precedent which has historically permitted Congress broad powers in this area [1].

However, [...] "the law" is ever changing and presents few bright lines. A new case can entirely dismantle decades of line-drawing and statutory or constitutional interpretation. Just such a case was recently decided by the United States Supreme Court, calling into question the constitutionality of the federal anti-drug law.

In United States v. Lopez[2], decided on April 26, 1995, the Supreme Court struck down the federal law which made it a crime to possess a gun within 1000 feet of a school [3].This was the Supreme Court directly telling the Congress that it had overstepped it's powers. The gun law, said the Court, was only tangentially related to interstate commerce and, hence, would not be justified under the Commerce Clause. Interstate commerce, found the Court, was not "substantially affected" by someone possessing a gun near a school.

Commenting on the Lopez decision, constitutional law scholar, Erwin Chemerinsky, recently questioned whether many federal drug laws might be vulnerable to a renewed attack on the ground that they do not fall withing the Commerce Clause and, hence, are outside Congress' regulatory power. Discussing the potential wide-spread ramifications of Lopez, Professor Chemerinsky explained:

The majority's narrow definition of Congress' powers gives the Court a basis for striking down countless federal laws. For example, many federal drug laws might be vulnerable because they regulate activities that are only tangentially related to interstate commerce. Likewise Lopez can be used to challenge federal RICO prosecutions where there is not a strong relationship between the activity and interstate commerce.... The Lopez decision opens a door to constitutional challenges that appeared to have been closed almost 60 years ago. [4]
...

Notes:
[1] In a 1964 opinion, the Court stated, "the authority of Congress to keep the channels of interstate commerce free from immoral and injurious uses had been frequently sustained, and is no longer open to question."
Heart of Atlanta Motel, Inc. v. U.S. (1964) 379 U.S.241,256[85 S.Ct.348,13,L.Ed.2d 258].)

[2]U.S. v Lopez (1995) 115 S.Ct. 1624, 131 L.Ed.2d 636.

[3]Gun-Free School Zone Act of 1990; 18 U.S.C. sec 992(q)(1)(a) & 921(a)(25).

[4]Chemerinsky, E. "Interpreting the Constitution: A Dramatic Conservative Turn" in August 9-16, 1995 Res Ipsa 11.

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