[DRAFT] WA Drug Addiction Treatment Act

[Monikian WA Mission]

Alright, there has been a lot of drugs legislation lately...most of it terrible. This of course has prompted me to attempt to write a good one.

Category: Social Justice (I'm not encouraging drug use, or even messing with the legality of drugs in nations--rather I'm tackeling addiction from a medical perspective.)

Strength: Significant, though it could be Mild.

Current Draft:

The World Assembly,

CONVINCED that drug addiction is a disease and not a crime;

CONCERNED that drugs addicts subjected to incarceration or other criminal punishment will not receive adequate treatment for their addiction;

NOTES that not all nations have the same drugs problems, and that some nations may have completely legalized drugs;

DEFINES for the purpose of this resolution that a Drug is any substance, introduced from outside of the biological organism of a sentient being, with psychoactive properties;

DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who habitually uses a drug, which may not be able to stop using because of their psychological or physical dependence on the drug;

DEFINES for the purpose of this resolution that Drug Addiction is a physical or psychological dependence on a drug;

DEFINES for the purpose of this resolution that Drug Addiction Treatment is any treatment determined by the governments of member nations suitable for removal or control of Drug Addiction, including but not limited to replacement therapy, medication, individual psychological support, or group therapy;

MANDATES that member nations shall make available drug addiction treatment for any sentient being who voluntarily wishes to enter treatment;

REQUIRES that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

URGES that member nations use drug addiction treatment instead of incarceration for drug use;

PROTECTS the right of member nations to maintain their laws concerning the manufacture and distribution of drugs.

[Nova Caeli]

that looks familiar

[Monikian WA Mission]

that looks familiar

It does? That seems strange cause I just finished the first draft minutes ago. And I'm not aware of any similar proposal.

[Nova Caeli]

you know well enough that debate to improve my draft (such as doing what you have just made) is this allowed I mean asking for improvements on my draft and then someone seeing the advice and then using it to create their own draft even though I was in the process of creating such a draft before hand

[Eireann Fae]

"We think this is a fine resolution, with only a few minor problems, which we'll outline below." Rowan and Episky go over the resolution point by point, the former relaying the opinions of the latter as they come up.

DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who habitually uses a substance with psychoactive properties;

"Perhaps something more along the lines of DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who wishes to stop using a Drug, but cannot because of their mental or physical dependence on the Drug. Not every habitual user of a drug is an addict."

DEFINES for the purpose of this resolution that a Drug is any substance with psychoactive properties;

"We also believe it would be prudent to make this the first 'definition' in the resolution, so that the following two may use the term in a legal capacity (as in my modified clause above)."

REQUIRES that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

"We just want to say that we agree with and appreciate the wording here. Nobody should be forced to undergo rehabilitation if it is not their desire to stop using the substance, and we like that you only stipulate that this is 'made available'."

Episky dives into Rowan's small leather knapsack for a moment, then reappears, her eyes noticably wider and her flying more lethargic. The Faerie looks around the room as if seeing it for the first time, seemingly amazed at the reflection of lights on hard surfaces... Her Human companion giggles at the Emissary's antics, but refrains from using the hallucinogen herself. Somebody has to competently represent the Eireann Fae here, after all...

[Grays Harbor]

This certainly has a more common sense approach. We shall further peruse this at a later time (OOC: about to leave for work. *sigh*) in order to more fully understand and then comment.

[Monikian WA Mission]

you know well enough that debate to improve my draft (such as doing what you have just made) is this allowed I mean asking for improvements on my draft and then someone seeing the advice and then using it to create their own draft even though I was in the process of creating such a draft before hand

OOC:
I believe that Eirann Fae proposed the idea in that thread. And I finished first, indeed I've been working on this for the past couple days. /OOC

"We think this is a fine resolution, with only a few minor problems, which we'll outline below." Rowan and Episky go over the resolution point by point, the former relaying the opinions of the latter as they come up.

DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who habitually uses a substance with psychoactive properties;

"Perhaps something more along the lines of DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who wishes to stop using a Drug, but cannot because of their mental or physical dependence on the Drug. Not every habitual user of a drug is an addict."

Faliksa Alberton replied.

"We'll have to consider that. However, it our feeling not every addict wants to stop using. Perhaps DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who habitually uses a substance with psychoactive properties, which may not be able to stop using because of their psychological or physical dependence on the drug; would be clearer?

DEFINES for the purpose of this resolution that a Drug is any substance with psychoactive properties;

"We also believe it would be prudent to make this the first 'definition' in the resolution, so that the following two may use the term in a legal capacity (as in my modified clause above)."

"Perfectly acceptable. Definitions are usually preamble clauses anyway, order shouldn't be a sticking point.

REQUIRES that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

"We just want to say that we agree with and appreciate the wording here. Nobody should be forced to undergo rehabilitation if it is not their desire to stop using the substance, and we like that you only stipulate that this is 'made available'."

"I think we agree to the clause, but for different reasons. Monikians view it as an abuse of rights to force someone to undergo any medical treatment without their informed consent. Which reminds me that we need to check previous resolutions on the matter of informed consent generally. That said, should drugs be illegal, their use results is the cause of a person being incarcerated and it is our belief that addiction being a disease cannot be treated by incarceration. Indeed I've heard that in some human nations that drug addiction is not treated at all while the human is incarcerated and once released resume their use almost immediately resulting in a vicious cycle of use, arrest, incarceration, release, use and back round again. Making treatment available would hopefully break that cycle and allow the citizen of such a nation to be rehabilitated and returned to a productive state for the society at large.

"While we respect the rights of nations to write whatever laws they need for drugs use, our concern here is that addiction is a disease that has social consequences and cannot be treated by incarceration alone."

[Nova Caeli]

I believe this only looks at half the problem what about dealers, I do believe that this proposal lacks a proposal on dealers

[Kari-Kazzir]

Ughh so much bullcrap at such a high level.
It just can't be bought. Leave this up to the individual nation.

[Mesogiria]

"This is a pretty resolution and all, but why is this a matter for the WA to address?"

[Monikian WA Mission]

Faliksa puts on her ill-fitting "why the WA should do stuff hat".

"This is a pretty resolution and all, but why is this a matter for the WA to address?"

"There are many arguments why ensuring that the residents of WA member nations should be provided access to drug addiction treatment should they desire it. Not the least of which is that drug use itself--especially in nations where drugs are illegal--causes crime, violence, black markets and of course even death. Furthermore if drug addiction is a disease, as Monikians certainly feel it is, it deserves treatment rather than incarceration. A reasonable nation for example would not jail a person for developing schizophrenia, cancer or catching a cold--rather they would send them to medical treatment. Why should addiction be any different?

"Furthermore, this proposal will have two main effects, and perhaps a side effect. First it will guarantee that residents of WA member nations would have access to addiction treatment should they desire it. Medical treatment for diseases is our opinion a right of sentient beings and the mandate only calls for it being made available, without specific reference to how it should be implemented; leaving the how up to the member nations to determine for themselves. Second it urges that member nations use addiction treatment for those who would otherwise be incarcerated for the use of illegal drugs--which hopefully will result in less drug addiction and reduce the crimes committed in order to feed such addictions. Crime and drug addiction itself are usually areas that fall hardest on the most disadvantaged in any society. Third, the side effect, it protects the right of member nations to draft their own laws on drug manufacture and distribution.

"Over all this is a matter of protecting the citizens of the member nations, and ensuring their well being--something that many Delegations might consider worthy of international legislation--while at the same time ensuring that member nations retain the right to control the legislation concerning which drugs are legal for use, which are illegal for use, and which may only be used under the supervision of a medical expert."

[Nova Caeli]

Dont you think that the addicts should be given the choice between rehab and incarceration and what if someone is arrested after taking drugs but he doesnt take it regularily should they be incarcerated?

[Monikian WA Mission]

Dont you think that the addicts should be given the choice between rehab and incarceration and what if someone is arrested after taking drugs but he doesnt take it regularily should they be incarcerated?

REQUIRES that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

URGES that member nations use drug addiction treatment instead of incarceration for drug use;

"As you can see the requirement is that nations make treatment available. It doesn't require that someone go into treatment as the result arrest. If nations want to make a law that requires persons arrested for drug use crimes to undergo treatment they are perfectly free to. As for giving persons convicted of drug use crimes, a choice in sentencing, a nation could legislate that too. The Urges simply suggest member nations to use addiction treatment rather than incarcerating the individual. Judges in member nations are of course free to order treatment as well as incarceration or a combination of the two--that treatment being probably in the incarceration facility--in accordance with national laws.

"If a being is arrested for drug use, but does not use drugs habitually they do not fall under the proposal's definition of a drug addict. As such whether or not they should be given treatment, education, or incarceration as a result of their actions is a matter for national law."

[Eireann Fae]

Rowan swirls her finger around in her glass of water, playing with the golden Faerie inside, while listening to the Monikian Ambassador speak. Deciding that Episky is still too tripped out to speak in a professional capacity (based on her doing the waltz with the girl's finger and singing an old love tune), Rowan addresses the points herself.

"We'll have to consider that. However, it our feeling not every addict wants to stop using. Perhaps DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who habitually uses a substance with psychoactive properties, which may not be able to stop using because of their psychological or physical dependence on the drug; would be clearer?

"I think this phrasing would be adequate for both our causes."

"Perfectly acceptable. Definitions are usually preamble clauses anyway, order shouldn't be a sticking point.

"I know it's not really a sticky point, but if you define Drug first, then Drug Addiction, then Drug Addict, you can use the previous words to define the ones following it. Hearing your revised definition of 'Drug Addict' and that it still repetitively defines 'Drug' anyway, this may not be of much concern to you."

"I think we agree to the clause, but for different reasons. Monikians view it as an abuse of rights to force someone to undergo any medical treatment without their informed consent. Which reminds me that we need to check previous resolutions on the matter of informed consent generally. That said, should drugs be illegal, their use results is the cause of a person being incarcerated and it is our belief that addiction being a disease cannot be treated by incarceration. Indeed I've heard that in some human nations that drug addiction is not treated at all while the human is incarcerated and once released resume their use almost immediately resulting in a vicious cycle of use, arrest, incarceration, release, use and back round again. Making treatment available would hopefully break that cycle and allow the citizen of such a nation to be rehabilitated and returned to a productive state for the society at large.

"Whatever your reasons, I'm glad we agree on the nature of the clause in question." The girl smiles at the Ambassador, then removes her finger from Episky's 'pool' to take a drink from her new glass of water. The stoned Faerie immediately starts quoting Shakespeare, reenacting balcony scene while standing (rather precariously) on the edge of the glass. Smiling, Rowan returns her fingers in a 'standing' position on the opposite edge of the glass and quietly begins reciting the play with the Emissary while the WA debate continues...

[Bears Armed]

Faliksa puts on her ill-fitting "why the WA should do stuff hat".

"This is a pretty resolution and all, but why is this a matter for the WA to address?"

"There are many arguments why ensuring that the residents of WA member nations should be provided access to drug addiction treatment should they desire it.

And this from the same diplomatic mission that, only recently, called 'Wise Woodland Management' an affront to sovereignty?!?

[Turtatalia]

Alright, there has been a lot of drugs legislation lately...most of it terrible. This of course has prompted me to attempt to write a good one.

Category: Social Justice (I'm not encouraging drug use, or even messing with the legality of drugs in nations--rather I'm tackeling addiction from a medical perspective.)

Strength: Significant, though it could be Mild.

Current Draft:

The World Assembly,

CONVINCED that drug addiction is a disease and not a crime;

CONCERNED that drugs addicts subjected to incarceration or other criminal punishment will not receive adequate treatment for their addiction;

NOTES that not all nations have the same drugs problems, and that some nations may have completely legalized drugs;

DEFINES for the purpose of this resolution that a Drug is any substance with psychoactive properties;

DEFINES for the purpose of this resolution that a Drug Addict is any sentient being who habitually uses a substance with psychoactive properties, which may not be able to stop using because of their psychological or physical dependence on the drug;

DEFINES for the purpose of this resolution that Drug Addiction is a physical or psychological dependence on a substance with psychoactive properties;

DEFINES for the purpose of this resolution that Drug Addiction Treatment is any treatment determined by the governments of member nations suitable for removal or control of Drug Addiction, including but not limited to replacement therapy, medication, individual psychological support, or group therapy;

MANDATES that member nations shall make available drug addiction treatment for any sentient being who voluntarily wishes to enter treatment;

REQUIRES that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

URGES that member nations use drug addiction treatment instead of incarceration for drug use;

PROTECTS the right of member nations to maintain their laws concerning the manufacture and distribution of drugs.

This whole segment need not exist:

MANDATES that member nations shall make available drug addiction treatment for any sentient being who voluntarily wishes to enter treatment;

REQUIRES that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

Why not write it as one entire section? Something like:

MANDATES that member nations shall make available drug addiction treatment for any sentient being who voluntarily wishes to enter treatment. IT IS ALSO REQUIRED that member nations make available drug addiction treatment to any sentient being who is arrested for use of drugs;

In the secone quote, I have combined two articles into one - therefore tidying things up and reducing the amount of words in the proposal. For now, we will rubber-stamp this proposal - on behalf of our nation - as:

REJECTED

[Monikian WA Mission]

Faliksa puts on her ill-fitting "why the WA should do stuff hat".



"There are many arguments why ensuring that the residents of WA member nations should be provided access to drug addiction treatment should they desire it.

And this from the same diplomatic mission that, only recently, called 'Wise Woodland Management' an affront to sovereignty?!?

"Well it is. You were proposing to regulate an industry in member nations which they can do themselves. This is ensuring that those with a disease--drug addiction--have the option of medical treatment made available to them without messing with the laws of the member nation further.

"We generally support sovereignty friendly legislation--like the one proposed. We rarely support the WA mucking about in member nations economies in the name of being "Green"--whatever that means. Furthermore I fail to see how not supporting one of your many proposals on the matters of woodland management is relevant to the discussion of this draft."

[Monikian WA Mission]

"Perfectly acceptable. Definitions are usually preamble clauses anyway, order shouldn't be a sticking point.

"I know it's not really a sticky point, but if you define Drug first, then Drug Addiction, then Drug Addict, you can use the previous words to define the ones following it. Hearing your revised definition of 'Drug Addict' and that it still repetitively defines 'Drug' anyway, this may not be of much concern to you."

"We have tightened the language as you suggested replacing the "psychoactive substance" with the word drug. It is probably just an oversight, I've been running low on UV (which is vital for my species metabolism) lately and my *shnah has yet to arrive from Monkiah."

[Great Nepal]

No, a simple no.
Using an illegal substance is a crime not a disease. They may now be attached to drugs so much that they cant stop it, but whose fault was it? THEIRS. We didn't open their mouth and put Drugs in their Digestive System. They decided to take drug voluntarily. They may have changed their ways now or may want to change their ways but that doesn't change the fact that they did a act which is defined as crime by law. There is a old probove in our nation, "If you take a plank of wood and put 1 nail each time you do a bad thing and take out 1 nail each time you do a good thing. In the end there may not be any nails left but the marks made by the nail will remain for ever on the plank".
-- Mr Ramesh Shaker
Deglate from one of the Puppets of Great Nepal

[Eireann Fae]

No, a simple no.
Using an illegal substance is a crime not a disease. They may now be attached to drugs so much that they cant stop it, but whose fault was it? THEIRS. We didn't open their mouth and put Drugs in their Digestive System. They decided to take drug voluntarily. They may have changed their ways now or may want to change their ways but that doesn't change the fact that they did a act which is defined as crime by law. There is a old probove in our nation, "If you take a plank of wood and put 1 nail each time you do a bad thing and take out 1 nail each time you do a good thing. In the end there may not be any nails left but the marks made by the nail will remain for ever on the plank".
-- Mr Ramesh Shaker
Deglate from one of the Puppets of Great Nepal

"So you would condemn a person that's mentally or physically addicted to drugs to go through a life in and out of prison rather than help them?" Rowan tries to keep a straight face as she asks the Nepalese Ambassador the question, but she has some difficulty due to the little Faerie dancing with an imaginary friend on her head. "These are sick people, and they need help! Yes, they committed a crime, and you are more than free to cast judgement on them and incarcerate them for their crime. But don't you think it'd be better to try and help them become productive members of society rather than cast them out as addicts that will immediately seek out their next high, only to be brought right back into the system?" At this point, the diminutive Emissary falls from the girl's head onto the desk, landing on her back. Rowan frowns in concern, but is put at ease when she tickles the Faerie's belly and is answered with a smile. Episky rolls into a ball on her side and starts to snore. The girl rolls her eyes before returning her gaze to Ramesh, waiting for a response.

[Monikian WA Mission]

Faliksa Albertron eyes the Ambassador from Great Nepal.

"You do realize that this resolution does nothing to legalize or criminalize drugs right? You do realize that this resolution in no way stops nations from passing their own sentencing laws on drug related crimes right? And you do realize that the only thing that this resolution mandates is that treatment for addiction be made available right? Any nation which would refuse medical treatment for disease has far more severe problems than its citizens taking and becoming addicted to drugs regardless of the legality of the drugs in question."

[Grays Harbor]

Dont you think that the addicts should be given the choice between rehab and incarceration and what if someone is arrested after taking drugs but he doesnt take it regularily should they be incarcerated?

No.

Should cutpurses be given that choice? Break the law, pay the price.

[Eorld]

Dont you think that the addicts should be given the choice between rehab and incarceration and what if someone is arrested after taking drugs but he doesnt take it regularily should they be incarcerated?

No.

Should cutpurses be given that choice? Break the law, pay the price.

A cutpurse and an addict are two very different things. If the person broke the law, then yes, at some point they should probably be punished. But it is more important that the human life is saved. Addiction is a disease, if anyone should be punished its the companies/countries that provided the person with the drug in the first place.

[Mesogiria]

"There are many arguments why ensuring that the residents of WA member nations should be provided access to drug addiction treatment should they desire it. Not the least of which is that drug use itself--especially in nations where drugs are illegal--causes crime, violence, black markets and of course even death. Furthermore if drug addiction is a disease, as Monikians certainly feel it is, it deserves treatment rather than incarceration. A reasonable nation for example would not jail a person for developing schizophrenia, cancer or catching a cold--rather they would send them to medical treatment. Why should addiction be any different?

"Furthermore, this proposal will have two main effects, and perhaps a side effect. First it will guarantee that residents of WA member nations would have access to addiction treatment should they desire it. Medical treatment for diseases is our opinion a right of sentient beings and the mandate only calls for it being made available, without specific reference to how it should be implemented; leaving the how up to the member nations to determine for themselves. Second it urges that member nations use addiction treatment for those who would otherwise be incarcerated for the use of illegal drugs--which hopefully will result in less drug addiction and reduce the crimes committed in order to feed such addictions. Crime and drug addiction itself are usually areas that fall hardest on the most disadvantaged in any society. Third, the side effect, it protects the right of member nations to draft their own laws on drug manufacture and distribution.

"Over all this is a matter of protecting the citizens of the member nations, and ensuring their well being--something that many Delegations might consider worthy of international legislation--while at the same time ensuring that member nations retain the right to control the legislation concerning which drugs are legal for use, which are illegal for use, and which may only be used under the supervision of a medical expert."

"Alright, I'm prepared to roll with this, at least for the moment. I must ask about the following clause:

DEFINES for the purpose of this resolution that Drug Addiction Treatment is any treatment determined by the governments of member nations suitable for removal or control of Drug Addiction, including but not limited to replacement therapy, medication, individual psychological support, or group therapy;

If governments can determine independently what constitutes a suitable treatment, can't they just say that 'cold-turkey' denial therapy is the best solution for all addictions? Just deny the inmate the drug for the term of their criminal sentence, while actually doing nothing else to assist the addict? They could decide to do nothing, and call that their solution."

[Quelesh]

I support this idea. There are two changes that I would request you to consider:

1. Changing the URGES in this clause:

URGES that member nations use drug addiction treatment instead of incarceration for drug use;

to REQUIRES. I think it's perfectly reasonable to prohibit member states from sentencing people to incarceration for simple possession or use of drugs, while not preventing them from incarcerating drug dealers or manufacturers. Incarceration, even if "treatment" is putatively available in prison, is likely to have a deleterious effect on a drug addict.

2. Changing this clause:

PROTECTS the right of member nations to maintain their laws concerning the manufacture and distribution of drugs.

to something along the lines of:

"CLARIFIES that nothing in this resolution shall be interpreted to require member states to legalize or criminalize the manufacture or distribution of drugs."

This would leave the door open to future WA legislation in this area, instead of acting as a blocker to any future proposal that would legalize or criminalize drugs. Alternatively, the clause could be removed entirely, as the proposal without it clearly requires neither the legalization nor the criminalization of drugs.