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- Drug testing identifies substance ‘use’ rather than any substance disorder/problem. This misguidedly widens the net of concern, which should be directed towards the person with a drug problem not towards the recreational user.
- Most people with a chronic drug problem have endured damaging personal and social circumstances before drugs became an issue and need considerable help and support in life, more generally. Drug testing can lead to a pre-occupation on drug presence, and this narrow focus risks overlooking the real underlying issues, which if not addressed, will almost certainly lead to drug problem relapse.
- Women drug users with child care responsibilities are often forced to undertake regular or even daily drug tests to prove they are ‘drug’ free, this disproportionately focuses attention on drug presence rather than fitness to parent. Regular positive drug tests are then used wrongly as evidence as to why the child should be ‘looked after’ by the state. Any assessment of a mothers parental capability to care for her child should never be reduced to a drug test.
- A pre-occupation with drug testing by key stakeholders can result in a paradigm shift in which abstinence and so-called ‘clean’ drug tests become the desired measure of any successful outcome. Not only does harm reduction get marginalised in the process, but the messy and challenging process of rehabilitation and social reintegration may be forgotten in the satisfaction that the person appears to be drug free.
- Around 30-70% of young people in most western countries have used illicit drugs and the vast majority manage to avoid: a criminal record; a drug problem; harm to themselves or harm to others. Widespread random drug testing in schools, at the roadside, in employment, on benefit claimants etc., will only waste resources and result in capturing mainly non-problematic drug users who then risk being ascribed damaging labels as ‘deviant’ or ‘addicts’ that will pose serious damage to future life opportunities (education, employment, travel, insurance, housing etc) and in relationships.
- Resources for public and voluntary services are limited and money that could be used to deliver much needed harm reduction services is wasted on expensive drug testing for people who don’t use drugs, or those who use drugs in a non-problematic recreational manner.
- Random drug testing of pupils, students and children often accompanied by police and sniffer dogs as a health promotion strategy is misguided. Cultural behavioural change is not achieved through policing, confronting and punishing, but it is facilitating by meaningful, culturally relevant, reliable information exchange, harm reduction education, relationships and peer dialogue.
- The most widely used illicit drug (cannabis) is much less harmful than the promoted legal drugs alcohol and tobacco, it is therefore, untenable or indeed hypocritical to pursue drug testing and punish cannabis use and not drug test and punish alcohol and tobacco use.
- Drug testing regimes with sanctions, such as random drug tests in schools to exclude students who test positive, create a ‘cat and mouse’ game in which an adversarial relationship is established, both sides then seek to out-smart the other with new technology or deceptive techniques. The winners in this game are the drug testing businesses and underground laboratories; but the losers are honesty, trust and communication.
- Tougher drug testing regimes to stamp out illicit drug use, such as drug testing in employment, have spawn the proliferation of new synthetic designer ‘legal’ highs to avoid detection (such as Spice). However, once these new drugs have been detected and subsequently outlawed the drug testing ‘net’ widens, then new legal highs are further developed and the never ending spiral continues. These ‘legal highs’ may be considerably more dangerous than commonly used illicit drugs.
- Some drugs such as cannabis can stay in the body for over four weeks whereas drugs like cocaine can be out of the body within 48 hours. Random drug testing regimes (such as those in prisons) have inadvertently pressurised people to switch from the less harmful cannabis to the more dangerous heroin, spice or cocaine.
- Drug testing concentrates attention towards illegal drug use and unhelpfully firms up the misguided bifurcation between licit and illicit substances. It is not the use of any illicit drug that warrants attention but rather the misuse of any drug legal and illegal that should warrants attention. The legally promoted drugs (alcohol, caffeine, tobacco and sugar) can pose serious risks, sometimes greater than their illegal counterparts.
- A positive drug test may reduce the risk of people who are intoxicated from using machinery, driving a car or flying a plane, however, testing positive for a drug doesn’t necessarily mean that the person is intoxicated or impaired – for example cannabis can be detected a month after not using, so a positive drug test could result in misguided concern, and unfair dismissals.
- Some maintenance opioid substitute prescribing regimes rooted in harm reduction engage in regular drug testing, but as a consequence of a positive drug test for illicit drug use some automatically suspend or even terminate prescribing. The use of drug testing in this manner transforms what was a low threshold harm reduction prescribing philosophy into a punitive abstinence only regime.
- A positive drug test indicates drug presence but not necessarily drug impairment, but as in the case of drug driving government campaigns are often conflating drug presence with drug impairment, ascribing much more to drug testing than it is telling us. Association does not mean causation.
- A positive drug test may be incorrect due to a small percentage of ‘false positives’ caused by equipment failure or human error, and conversely ‘false negative’ can occur.
- An accurate positive drug test still maybe misleading. It is assumed that the person has taken illicit drugs when those drugs may have been ingested legally. For example, consuming poppy seeds in bread can lead to a positive drug test for opiates, or if the person took a paracodeine tablet for a headache they’d show positive for opiates.
by Julian Buchanan (updated Dec 2016)
While it can be argued that some groups have benefitted from drug prohibition, this divisive and ill-founded strategy has caused untold harm to many. Yet despite the unequivocal evidence of social damage, severe law enforcement measures to deter the use of certain substances have continued unabated for over five decades. In their eagerness to end the draconian drug war and replace it with a policy rooted in evidence, science and reason, should Drug Reformers accept and embrace any policy improvement as a step in the right direction? Before we consider the issue of drug reform in terms of incremental change versus abolition, we need to distinguish between individuals, and the organisations/leaders/spokespeople who have an interest in drug policy. With regard to individuals who may have shifted from once embracing the dominant discourse of prohibition to a more informed and enlightened view of drugs, any incremental move warrants encouragement and supportive discussion. In respect of organisations, leaders, and spokespeople with an interest in drug policy, however, I think we need to be more much more questioning and critical.
An incrementalist approach, which perceives any step away from the traditional drug war model as an inherently positive move, is at best naive. It mistakenly assumes that incremental changes to Prohibition should automatically be supported, as key steps towards ending the Drug War. Herein lies a major issue. So, for example – imagine that one ‘Reform’ organisation campaigns to get drugs ‘out of the hands of gangsters‘ and wants drugs to be regulated.
On the face of it, this sounds good – as if we are on the same page, heading in the same direction. If, however, the proposed changes promoted by this ‘Reform’ organisation mean that some drugs will be legalised, but will only be available via BigPharma or Big Business, and new laws will be rolled out to make possession of ‘unregulated’ drugs a criminal offence – then we are definitely not on the same page: I can’t support replacing prohibition with Prohibition 2.0.
For me, the wrongful policing, criminalisation, and incarceration of people for possession of banned drugs is the most important issue in the Drug War, and I think it is paramount, from a human rights perspective, that in the course of any reform, the State shouldn’t decide what a person can and can’t consume, and shouldn’t seek to prevent such consumption, or to punish people for personal possession of unapproved drugs. Such enforcement has always been selective, repeatedly and unfairly targeting disadvantaged people, indigenous people, Black people, women and ethnic and minority groups. So, what might appear to be a step in the right direction could end up being a lost opportunity for genuine reform. If reformers aren’t careful, they could wind up supporting the launch of a new regime of Prohibition.
The example above highlights the importance of clarity and transparency concerning what individuals and organisations who ‘sit around the table’ to tackle the drug war, are actually seeking to replace it with, and why. Inevitably, abolition will involve a process of change, but it is vital to support only those changes that are clearly part of the bigger process of abolition.
A further example would be a shared concern regarding the huge number of people going to prison for drug-defined crimes (such as possession, cultivation, and supply). An organisation comes along and says prison for drug-defined crime is wrong. Yes, this appears to be another incremental step in the right direction that we should support. On the surface it is; but this penal reform organisation seeking to keep offenders out of prison, later also disturbingly argues that we can stop drug users going to prison by setting up Drug Abstinence Courts, random drug testing, scran tags and 12-step rehabilitation programmes. In our shared efforts to produce incremental reform, we risk supporting new oppressive regimes rooted in prohibition and abstinence.
Should we support this ‘incremental improvement’ away from prison to Drug Abstinence Courts? I don’t think so. Drug Abstinence Courts are new prohibition, utilising quasi-compulsory methods to enforce abstinence and impose a blanket ban on drug use. In the USA, this apparent step in the right direction has spawned a huge rehab and drug-testing business that profits from these drug ‘offenders’. There are now around 3,000 Drug Courts, with more being rolled out in other Anglophile countries.
A third example would be a reform organisation promoting the view that drug use is not a crime problem, but a public health issue. In our gratitude at the prospect of drugs moving out of the law enforcement arena to which they should never have been consigned, it would be easy to lend support to this change. Further examination and discussion, however, reveals that while the ‘reform’ organisation supports decriminalisation of all drugs, it sees the use of all currently-banned drugs as a public health issue, and fails to distinguish between recreational use and problematic use, or between different drugs. The risk here is that the oppression for so long endured at the hands of law enforcement could be replaced by oppression at the hands of the medical and health professions coercively ‘treating’ people for their ‘public health’ problem.
A fourth example is that of campaigns to legalise particular drugs, such as the growing move to legalise cannabis. While this is laudable, and a move I wholeheartedly agree with in principle, selectively privileging particular drugs, based upon their popularity, to join the licit market in alcohol, caffeine and tobacco does not signal an end to Prohibition – on the contrary; it arguably bolsters prohibition. Granting pardons for particular drugs is a dangerous and uncertain pathway towards drug reform. Instead, we should challenge the very foundations of prohibition and push for the legal right to possess any substance for personal use, without threat, intimidation or punishment from the state.
The trouble with combating a major injustice such as the Drug War, and then settling for incremental adjustments, is that it compromises, complicates and confuses the reform movement and message, it dilutes and divides the drive for reform, and it establishes a new regime which then gains its own momentum, and poses its own problems, which are even harder to correct.
The Drug War will be remembered in history as one of the greatest social policy disasters in modern times, an ill-founded and ill-conceived approach, a serious breach of human rights which has devastated the lives of individuals, families, communities, and indeed whole countries. There is only one acceptable solution to Prohibition and that is Abolition.
*With thanks to Jerry Dorey for helpful edits and suggestions!
The Drug War would indeed be a failure if its real function was to reduce drug consumption or drug-related violence. But the success or failure of state policies is rightly judged by the extent to which they promote the interests served by the state. The Drug War is a failure only if the state exists to serve you.
Unintended consequences or deliberate strategy? Either why some have a vested interest in continuing the war on drugs.
See on www.counterpunch.org