Commercial Law



Commercial Law

Problem 1

Most controlled drugs have medical uses, others may be of scientific interest, so the Act allows the government to authorise possession, supply, production and import or export of drugs to meet medical or scientific needs. These exemptions to the general prohibitions are in the form of 'regulations' made under the Act. The most restricted drugs can only be supplied or possessed for research or other special purposes by people licensed by the Home Office; these drugs are not available for normal medical uses and can't be prescribed by doctors who don't have a licence (eg, LSD). All the other drugs are available for normal medical uses (Janet & Watson, 1999).

Most are Prescription Only, so they can only be obtained if they've been prescribed by a doctor and supplied by a pharmacy (eg, strong analgesics like morphine, stimulants like amphetamines or cocaine, tranquillisers and most sedatives) (Jill, 1996). Some very dilute, non-injectable preparations of controlled drugs - because they are so unlikely to be misused - can be bought over the counter without a prescription, but only from a pharmacy (eg, some cough medicines and anti-diarrhoea mixtures containing opiates). Medicines available in this way can also legally be possessed by anyone. The same also applies to benzodiazepine tranquillisers and hypnotics (except temazepam and Rohypnol) even though these drugs can only be legally obtained on prescription. Additional regulations effectively restrict the ability to prescribe heroin, dipipanone and cocaine for the treatment of addiction to a few specially licensed doctors. (Barry , 1999).

Just look at Britain's moves a few years ago to allow all-day drinking and later licensing in pubs. It was done in the hope that that people might actually booze less, by fostering a culture of unhurried, Mediterranean-style drinking, where a glass or two of Chablis would last all night. Instead, most Brits drink just as voraciously as before, only longer and later. We are just as keen when it comes to recreational drugs, topping many European league tables for marijuana, ecstasy and cocaine use.

In other words, we Brits - or many of us at least - are a bunch of serious caners. Boozers, ravers and fiends. We like doing stuff to excess, and we do it a lot more than most of our continental cousins. It follows, therefore, that policies that might work for a Portuguese heroin addict, or a Dutch dopehead, may not work here (James, 1999).

Problem 2

Like anyone who prefers government to leave us alone where possible, I find myself in a dilemma over last week's report by the UK Drug Policy Commission. It recommends scrapping criminal penalties for possession of small amounts of drugs, arguing that the £3 billion a year Britain spends fighting the drug trade could be better spent on treatment (William , 2006).

Sensible enough, surely. After all, the liberal inside me says that letting people make up their own minds about drugs is generally a good thing, while the free marketeer knows that interfering in supply and demand is never ...