text:
VIEWS: 12 PAGES: 56 POSTED ON: 8/31/2012 Public Domain
Overview of law and drug misuse Dr Richard O'Neill The UN system • Some 250 substances are listed in the Schedules annexed to the United Nations Single Convention on Narcotic Drugs (New York, 1961, amended 1972), the Convention on Psychotropic Substances (Vienna, 1971) and the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (introducing control on precursors) (Vienna, 1988) • The purpose of this listing is to control and limit the use of these drugs according to a classification of their therapeutic value, risk of abuse and health dangers, and to minimize the diversion of precursor chemicals to illegal drug manufacturers UN Conventions • The UN Single Convention on Narcotic Drugs of 1961, Art. 36, requests State Parties to "adopt such measures as will ensure that …possession… of drugs contrary to the provisions of this Convention… shall be punishable offences when committed intentionally, and that serious offences shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty." • The Convention on Psychotropic Substances of 1971, Art 22 echoes this, stating that "each Party shall treat as a punishable offence, when committed intentionally, any action contrary to a law or regulation adopted in pursuance of its obligations under this Convention, and shall ensure that serious offences shall be liable to adequate punishment, particularly by imprisonment or other penalty of deprivation of liberty. " • The Convention Against Illicit Traffic of 1988, Art. 3 requests establishment of a criminal offence for possession of drugs for the purposes of trafficking (Art. 3.1(a)(iii)), and for the possession for personal consumption (Art.3.2). Narcotic drugs • Narcotic drugs are classified and placed under international control by the 1961 UN Single Convention on Narcotic Drugs, as amended in 1972 • The Single Convention limits 'exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs' (art. 4c) • The annex to the 1961 Convention classifies narcotic drugs in four Schedules: UN Convention: Narcotic drugs Schedules Harmfulness Degree of control Examples of listed drugs I Substances with addictive Very strict; 'the drugs in Schedule I are Cannabis and its properties, presenting a serious subject to all measures of control derivatives, cocaine, risk of abuse applicable to drugs under this heroin, methadone, Convention' (art. 2.1) morphine, opium II Substances normally used for Less strict Codeine, medical purposes and given the dihydrocodeine, lowest risk of abuse propiram III Preparations of substances Lenient; according to the World Health Preparations of listed in Schedule II, as well as Organisation, these preparations codeine, preparations of cocaine present no risk of abuse dihydrocodeine, propiram IV The most dangerous Very strict, leading to a complete ban Cannabis and substances, already listed in on 'the production, manufacture, export cannabis resin, Schedule I, which are and import of, trade in, possession or heroin particularly harmful and of use of any such drug except for extremely limited medical or amounts which may be necessary for therapeutic value medical and scientific research' (art. 2.5.b) Psychotropic substances • Psychotropic substances are placed under international control by the 1971 United Nations Convention on Psychotropic Substances • The objectives of this Convention are again to limit the use of these substances to medical and scientific purposes (arts. 5 and 7) • While some psychotropic substances may have therapeutic value, they also present a dangerous risk of abuse • The annex to the 1971 UN Convention on Psychotropic Substances also classifies substances in four Schedules: UN Convention: Psychotropic substances Schedules Harmfulness Degree of control Examples of listed drugs I Substances presenting a high Very strict; use is LSD, MDMA (ecstasy), risk of abuse, posing a prohibited except for mescaline, psilocybine, particularly, serious threat to scientific or limited tetrahydrocannabinol public health which are of very medical purposes little or no therapeutic value II Substances presenting a risk of Less strict Amphetamines and abuse, posing a serious threat amphetamine-type stimulants to public health which are of low or moderate therapeutic value III Substances presenting a risk of These substances are Barbiturates, including abuse, posing a serious threat available for medical amobarbital, buprenorphine to public health which are of purposes moderate or high therapeutic value IV Substances presenting a risk of These substances are Tranquillisers, analgesics, abuse, posing a minor threat to available for medical narcotics, including public health with a high purposes allobarbital, diazepam, therapeutic value lorazepam, phenobarbital, temazepam The European Union system • European Union legislation on classification is limited to precursors, via the Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors, which regulates intra- Community trade, and by the Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors • Nevertheless, the Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances, can provoke a Council Decision requiring countries to put a drug under national controls equivalent to those controls for substances listed in the UN Conventions of 1961 and 1971 • This replaced the Joint Action 97/396/JHA of 16 June 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning the information exchange, risk assessment and the control of new synthetic drugs, which triggered three Council Decisions requiring countries to put a synthetic drug under national controls equivalent to those for substances in UN71 Schedules I and II National systems in the EU • Within their domestic legislations, some Member States distinguish between narcotic and psychotropic substances. Others combine the two in a list that is based on the level of medicinal use or potential harm • Some Member States also classify narcotic and psychotropic substances in order to determine the prosecution procedure or the (range of) punishment for illegal activities involving those substances • In some countries, e.g. Belgium, Spain, Ireland, Italy, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Portugal, and the UK, the penalty for a drugs offence officially varies according to the nature of the substance involved National systems in the EU • Countries are permitted by the UN Conventions to control other substances also – for a comprehensive list of some 500 substances classified at international and national levels, see the Substance and Classifications Table in the ELDD's Legal Reports section. • Placing a new substance under control may take a varying amount of time depending on the national legal system involved; a decree may be signed by a Minister in a couple of days, whereas changes to a law might require the assent of both houses/chambers of Parliament • Some countries have therefore created a rapid classification system. Citius Altius Fortius Drugs and sport Worldwide anti-doping conventions • The International Convention Against Doping in Sport of the UNESCO came into force on 1 February 2007 following up on concrete measures taken by the Council of Europe (Anti- Doping Convention, 1989) and the World Anti-Doping Agency (World Anti-Doping Code, 2003)† • This convention aims to harmonise the efforts made against doping at international level † World Anti-Doping Code adopted by the World Anti-Doping Agency at the World Conference on Doping in Sport, Copenhagen, 5 March 2003, and the Copenhagen Declaration on Anti-Doping in Sport International Convention against Doping in Sport UNESCO • The Convention represents the first time that governments around the world have agreed to apply the force of international law to anti-doping. This is important because there are specific areas where only governments possess the means to take the fight against doping forward. • The Convention also helps to ensure the effectiveness of the World Anti- Doping Code (the Code) • As the Code is a non-government document that applies only to members of sports organizations, the Convention provides the legal framework under which governments can address specific areas of the doping problem that are outside the domain of the sports movement. • As such, the Convention helps to formalize global anti-doping rules, policies and guidelines in order to provide an honest and equitable playing environment for all athletes International standards • The World Anti-Doping Code works in conjunction with five International Standards: – Prohibited list – International Standard for Testing – International Standard for Laboratories – International Standard for Therapeutic Use Exemptions – International Standard for the Protection of Privacy and Personal Information Doping • The current official definition of doping is given based on the World Anti-Doping Code as follows: "Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through article 2.8 of the World Anti-Doping Code." The 2010 Prohibited List World Anti-doping Code • Substances prohibited at all times (in- and out-of-competition) – S1 Anabolic Androgenic Steroids (AAS) e.g. nandrolone; testosterone (exogenous and endogenous AAS) e.g. others such as clenbuterol – S2 Peptide hormones, growth factors and related substances e.g. erythropoietin (EPO); growth hormone – S3 Beta-2 agonists all beta-2 agonists (including both optical isomers where relevant) are prohibited except salbutamol (maximum 1600 micrograms over 24 hours) and salmeterol when taken by inhalation in accordance with the manufacturers' recommended therapeutic regime. – S4 Hormone antagonists and modulators – S5 Diuretics and other masking agents The 2010 Prohibited List World Anti-doping Code • Methods prohibited at all times (in- and out-of-competition) – M1 Enhancement of oxygen transfer e.g. blood doping; blood or red blood cell products; haemoglobin-based blood substitutes – M2 Chemical and physical manipulation • e.g tampering with samples; urine substitution; sequential withdrawal, manipulation and reinfusion of whole blood – M3 Gene doping The 2010 Prohibited List World Anti-doping Code • Substances and methods prohibited in-competition – S6 Stimulants* e.g. amphetamine, adrenaline; ephedrine, psuedoephedrine (with some exceptions/thresholds) – S7 Narcotics e.g. buprenorphine, diamorphine methadone, morphine – S8 Cannabinoids Natural (e.g. cannabis, hashish, marijuana) or synthetic delta 9 tetrahydrocannabinol (THC) and are prohibited. – S9 Glucocorticosteroids all glucocorticosteroids are prohibited when administered by oral, intravenous, intramuscular or rectal routes *Note; some substances included in the 2010 Monitoring Program such as caffeine, phenylephrine, phenylpropanolamine, are not considered as Prohibited Substances. The 2010 Prohibited List World Anti-doping Code • Substances prohibited in particular sports – P1. Alcohol Alcohol (ethanol) is prohibited In-Competition only, in the certain sports, e.g. archery (FITA); motorcycling (FIM) – P2 Beta-blockers Beta-blockers are prohibited In-Competition only, in the certain sports, e.g. archery (FITA) (also prohibited out of competition) ; billiards and Snooker (WCBS); Shooting (ISSF, IPC) (also prohibited Out-of- Competition)wrestling (FILA); Therapeutic Use Exemptions • Athletes, like all others, may have illnesses or conditions that require them to take particular medications • Difficulty when drugs prescribed for legitimate therapeutic purposes also possess performance enhancing properties • If the medication an athlete is required to take to treat an illness or condition happens to fall under the Prohibited List, a Therapeutic Use Exemption (TUE) may give that athlete the authorization to take the needed medicine • The purpose of the International Standard for Therapeutic Use Exemptions (ISTUE) is to ensure that the process of granting TUEs is harmonized across sports and countries Athlete Biological Passport • The fundamental principle of the Athlete Biological Passport is based on the monitoring of selected biological variables which indirectly reveal the effects of doping, as opposed to the traditional direct detection of doping • Biological monitoring throughout an athlete's sporting career should make any prohibited preparation far harder to implement Private & Criminal Law • Under International Olympic Committee rules, athletes face disqualification for a doping offense — but no criminal penalties • In some countries inquiries into doping in sport are conducted as a matter of private law between the sportsperson and the administrators of his sport • Spanish, Italian, and Belgian governments, for example, are involved in public law criminal justice investigations • Italy is one of the few countries that imposes criminal sanctions for doping offenses, on top of the normal sporting sanctions - Law number 376 passed in 2000 enables criminal penalties for doping Italy anti-doping laws • Ministry for Youth Policies and Sport Activities performs central government functions in relation to sport, and policy-making and coordination functions regarding youth policies (Decree-Law No 181 of May 2006). • The Disciplina della tutela sanitaria delle attivita' sportive e della lotta contro il doping, Law number 376 of 14 December 2000, provides, in article 9, for the imprisonment of any athlete using banned substances and a fine. • For any person, including any doctor, athlete, manager, or attendant to a sports team, supplying or administering banned drugs to athletes the Act imposes imprisonment and a fine. The sentence is harsher if the substance poses a risk to the athlete's health, or if a minor is involved. • The Act also allows judges to impose permanent sanction from employment with a sports organization Italy (cont) • Law No 376/2000 implements the European Anti-doping Convention and introduces the offence of doping into the Italian legal system • Under paragraph 3 of Article 1: 'equivalent to doping are the administration of pharmaceutical products or biologically active substances and the adoption of medical practices not justified by pathological conditions, aimed at and in any case suitable for modifying the results and checks on the use of pharmaceutical products, substances and practices indicated in paragraph 2' • The object of such legal protection is the protection of health explicitly recognised by Article 32 of the Constitution Italy (cont) • Protection of health also underlies the exception in Article 1, paragraph 4: 'The use of doping substances is allowed in certain documented and medically certified pathological conditions. Treatment, moreover, must be in accordance with methods laid down by the relevant European or national law and doses may not exceed those set for actual therapeutic requirements. Only under such conditions, though haven taken substances otherwise prohibited, may a player take part in matches, provided this does not jepardise his psycho- physical state of health and is not in breach of sporting rules.' • In order to prove that substances are not merely taken with a view to improving sporting performance, the law provides that the player must make the relevant medical documentation available to sporting authorities Italy • Article 3 of Law 273/2000 sets up a 'Watchdog Commission' to oversee and monitor health standards in sport UK • The government department responsible for sport differs according to the particular home country. Responsibility for sport at UK level and for England lies with the Department of Culture, Media and Sport (DCMS). DCMS policies help to deliver Government's 'sport for all' policy and realise its ambitions for sporting success at elite level. The Department oversees the work of Sport England and UK Sport (the Non- Departmental Public Bodies set up in 1997 to replace the Sports Council for Great Britain) and helps set the Government strategy for a whole range of sporting issues • On 14 December 2009, UK Anti-Doping (UKAD) assumed responsibility from UK Sport for ensuring that sports bodies in the UK are compliant with the World Anti-Doping Code UK legislation • The UK does not have specific anti-doping legislation, but uses a variety of legislation to control the trafficking and supply of doping substances and to facilitate information sharing between the National Anti-Doping Organisation (UK Anti- Doping) and law enforcement agencies • Misuse of Drugs Act 1971 controls drugs whose misuse is, or is capable of being harmful to the individual and of causing a social problem • A number of substances on WADA's prohibited list are controlled under the Misuse of Drugs Act, including anabolic steroids and human growth hormones. Drugs and the workplace Workplace drug and alcohol testing • More than six million EU workers are affected by accidents at work each year – it is unknown how many are drug or alcohol- induced • There is no specific EU legislation or generally accepted guidelines on workplace drug and alcohol testing • Finland (2003), Ireland (2005) and Norway (2005) have legislation that clearly and specifically addresses the issue of drug testing in the workplace • The European Agency for Safety and Health at Work promotes employers to 'develop clear policies on control of alcohol and other substance abuse' Italian Focal Point of the European Agency for Safety and Health at Work • In Italy, the institutional system of safety and health at work comes under the Ministry of Labour and Health, in conjunction with the Regional Coordination Committees and the social partners • Their responsibilities include delivering advice for legislative developments, supervision, promoting health and assisting businesses • The Italian Focal Point is represented by Ispesl, which coordinates the national network of the European Agency for Safety and Health at Work United Kingdom Focal Point of the European Agency for Safety and Health at Work • The Health and Safety Executive (HSE) administers the UK Focal Point • There is a long tradition of health and safety regulation in Great Britain, as far back as the 19th century • The foundation of the current health and safety system was established by the Health and Safety at Work etc. Act 1974 • Broadly, HSE enforces health and safety law in industrial workplaces and over 400 local authorities enforce in commercial workplaces International level Workplace drug testing (WDT) • On an international level, the matter might be covered by Universal Declaration of Human Rights, art 12 - "No one shall be subjected to arbitrary interference with his privacy". • The 1996 International Labour Organization (ILO) Code of Practice on Management of alcohol and drug-related issues in the workplace, s.7.2, states that testing should be undertaken in accordance with national laws and practice – the Guiding Principles of testing, in Annex V of the Code of Practice, states that the written policy should indicate any laws and regulations concerning drug testing that may apply – it should emphasis workers' rights, employers' rights, public rights and individual rights European legislation • Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. – workers have certain obligations under article 13 of Directive 89/391, which provides the general framework for health and safety management, risk identification and prevention – the directive says it is the responsibility of workers to take care, as far as possible, of their own and colleague's safety and health in accordance with their employers' training and instructions European level • The European Convention on Human Rights, adopted in 1950 guarantees the right to privacy, except "in the interest of national security, public safety or the economic well-being of the country, for the prevention of disorder and crime, for the protection of health and morals, or for the protection of the rights and freedoms of others" • In its Art.8. Two cases appealing against WDT have been declared inadmissible by the Court based on the specific facts of these cases: – Wretlund v Sweden (Application no. 46210/99) concerning a cleaner at a nuclear power plant, and – Madsen v Denmark (Application no. 58341/00) concerning a ferry company employee National level • Since the European Convention on Human Rights and the EU directives on data protection and health and safety at work has been implemented in almost all countries' laws there is a high degree of harmonisation on some basic principles • The emphasis on the health aspects, rather than the possible illegality of drug taking: in many countries the occupational doctor can only inform the employer whether an employee is "fit for work", rather than revealing the full results of the test; the employer has a legal duty to provide a safe place of work • The employment aspects: countries vary considerably in their emphasis on testing before or during employment • Sanctions: some countries specifically penalise unjustified testing with criminal fines, either as a breach of workers' privacy or as a breach of privacy generally Italy • Article 125 of law No 162 (26 June 1990) – workers holding positions that involve a threat to security, and the physical safety and health of third parties may be tested for intoxicants in public undertakings – testing is paid for by the employer – if positive worker will be suspended – employer may be fined if found liable • United Conference No 99/2007 Legislative Decree n.81/2008 on health and safety in the workplace ( Agreement Stato-Regioni of 18 September 2008) – establish mandatory procedures for screening tests (performed by occupational health specialists) and confirmatory tests (performed by laboratories identified by regional Directives) for at-risk workers (public/private transportation, oil/gas companies, explosive/fireworks industry) ITALY Legislation on Workplace laws Privacy Data WDT, for applicants laws protection or workers laws The only specific Art. 125 of the DPR 309/90 [the main drug law] Law No. 675 of law on drug- states that certain categories of workers, holding 31 December testing at work "positions which involve a threat to security and 1996 implements applies to certain the physical safety and health of third parties", Directive categories of must undergo pre-employment and regular testing 95/46/EC. workers to be for drug addiction at the expense of their employer. Supplemented identified in a In the case of a positive result of the drug testing, and partially decree jointly by the employer must relieve the worker from the amended by the Ministry of position which involve a threat to security and the Presidential Labour and Social physical safety and health of third parties. The Decree No. Security, jointly employer may be fined up to €25,000 for non- 318/99 on with the Minister compliance 'minimum of Health. Until Art. 124 (of the DPR n. 309/90) obliges security now no decree employers of addicts with a permanent contract to measures for has been issued keep these posts open for up to 3 years (without personal data pay) while the addict is rehabilitated handling' and legislative decree No. 467/2001. Source EMCDDA UK law • The legal position on drug testing at work is confused • In the UK, for example, there is no direct legislation and important legal questions hinge on interpretation of a range of provisions in health and safety, employment, human rights and data protection law – • Human Rights Act 1998 • Data Protection Act 1998 • Employment law • Assault and consent The responsibilities of employers • Health and Safety at Work Act, 1974 – employers have a duty to protect their employees' health, safety and welfare in the workplace – they are also legally responsible For the welfare of third parties • The Management of Health and Safety at Work Regulations, 1999 – these regulations oblige employers to conduct assessments of health and safety risk to their employees and third parties • The Transport and Works Act 1992 – it is a criminal offence for certain workers including drivers and conductors on buses or trains – to work under the influence of alcohol or drugs – under these circumstances, if the employer has not exercised 'due diligence' in ensuring that the employee is not under the influence of alcohol or drugs, he or she is also guilty of a criminal offence – the avoidance of criminal liability, alongside the obvious safety concerns, has led many to introduce drug testing programmes Legal & Ethical Arguments • Legal arguments – safety – business – prosecution • ethical arguments – deterrence – privacy – data protection – discrimination Alcohol • Annually at least 17,000 alcohol-related deaths on EU roads* • 2001 European Commission's Communication on alcohol calls for an enforced maximum limit of 0.5g/L or less lowered to 0.2g/L for inexperienced, two-wheel, large vehicle or dangerous goods drivers, and random breath testing so that everyone is checked every 3 years on average *Institute of Alcohol Studies London July 2007 Alcohol • Different countries have their own structure and traditions when it comes to dealing with the problem caused by driving under the influence of alcohol • This is reflected in, among other things, the setting of statutory alcohol limits, the methods used to enforce the law and the sanctions imposed for people convicted of this traffic crime • Statutory blood-alcohol limits for driving vary from 20–80 mg/100 ml in EU countries and this fourfold difference has more to do with political attitudes rather than traffic safety research BAC Levels in European countries BAC Countries Zero Czech Republic, Hungary, Romania, Slovak Republic 0.2g/L Estonia, Norway, Poland, Sweden 0.4g/L Lithuania 0.5g/L Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy*, Latvia, Netherlands, Portugal, Slovenia, Spain†,Switzerland, Turkey 0.8g/L Ireland, Luxembourg, Malta, United Kingdom †A limit of 0.3g/L BAC applies to common carriers such as bus and truck drivers and inexperienced drivers; *Note: for professional drivers and for people who have been licensed for fewer than three years, there is a zero-tolerance policy: the limit is 0. BAC = blood alcohol concentration Medicines • For many medications it is difficult to predict whether, how, when and for how long they will affect a person's ability to drive safely – some medicines may cause: • drowsiness • dizziness or feeling light-headed • difficulty concentrating, etc • a person's driving ability can also be affected by the medical condition for which they are taking the medicine • many over-the-counter medicines, including remedies for coughs, colds, flu and hay fever, cause unwanted drowsiness which might impair driving Drug misuse and abuse National Legislation Country Main laws and lists of substances Classification (with examples) formally determines penalty? Italy Controlled substances in Italy are Illicit activities related to classified in six lists attached to the drugs are punished Decree 4 March 1992 and amendments. differently according to List I includes opiates and cocaine the list to which the drug derivatives; belongs: lists II and IV are List II cannabis; less severely punished List III highly addictive barbiturates; than lists I and III. List IV medical substances; Precursors are controlled List V special preparation containing by the Legislative Decree drugs; 258 of 12 April 1996 List VI stimulants. which implements EEC Directive 92/109. Source EMCDDA National Legislation Country Main laws and lists of substances Classification formally (with examples) determines penalty? United The Misuse of Drugs Act 1971 Penalty linked to drug Kingdom determines three classes for misuse, type based on the level of harm caused: Class A; Class B; Class C. Misuse of Drugs Regulations 2001 denote five schedules for regulatory purposes: I: including cannabis, hallucinogens; II: including most opiates, cocaine; III: including some barbiturates, some stimulants; IV: benzodiazepines; & anabolic steroids V: preparations. Source EMCDDA Illegal possession of drugs EU legislation Description Basic possession offences and penalties (imprisonment) European The Council Framework Maximum of at least 1-3 years. Decision* 2004/757/JHA When there are large quantities of drugs, Union of 25 October 2004 laying OR involvement of drugs which cause the down minimum provisions most harm to health or has resulted in on the constituent significant damage to the health of a elements of criminal acts number of persons: maximum of at least 5- and penalties in the field 10 years. of illicit drug trafficking. If committed within the framework of a Article 2(1)(c) requests criminal organisation: maximum of at least punishment of the 10 years. possession of drugs with a When precursors are involved, and the view to trafficking them offence is committed within the framework of a criminal organisation or intended to be *This Framework-Decision used for production or manufacture of Source EMCDDA must be implemented by drugs: maximum of at least 5-10 years. 12 May 2006. Illegal possession of drugs National Legislation Description Basic possession offences and penalties (imprisonment) Italy Under the DPR 309/90, Basic: Lists I, III; 8 - 20 years. Lists II, IV; 2- 6 Art.73-75, possession for years. personal use is punished by Quantity for personal use: For substances administrative sanctions in lists I, III, administrative sanctions for 2- (withdrawal of driving 4 months; for substances in lists II, IV (incl. licence etc), though for lists cannabis) administrative sanctions for 1-3 II-IV (incl. cannabis) the months. prefect will drop the case with a warning. Any other possession will be punished according to Source EMCDDA the quantity and the nature of the substance. Illegal possession of drugs National Legislation Description Basic possession offences and penalties (imprisonment) UK In the Misuse of Drugs Act 1971 s.5 Basic: Class A drugs: up to 6 months and/or there are two possession offences: a fine (summary); up to 7 years (on Possession, and possession with indictment); intent to supply. Punishment is Class B: up to 3 months and/or a fine linked to the class of drugs involved (summary); up to 5 years (on indictment); (A, B, C, with A being the most Class C: up to 3 months and/or a fine harmful), and whether sentencing is (summary); up to 2 years (on indictment). by a Magistrate's Court (summary) or With intent to supply: Class A drugs: up to in a Crown Court (on indictment). 6 months and/or a fine (summary); life (on The Drugs Act 2005 introduced the indictment); concept of a prescribed amount, Class B: up to 6 months and/or a fine above which there is a presumption (summary); up to 14 years (on indictment); Source EMCDDA of intent to supply – Regulations will Class C: up to 3 months and/or a fine define these amounts. Other factors (summary); up to 14 years (on indictment) may also be taken into account Designed or Synthetic drugs • 'Legal Highs' are substances which produce the same, or similar effects, to drugs such as cocaine and ecstasy, but are not controlled under the Misuse of Drugs Act • They are however, considered illegal under current medicines legislation to sell, supply or advertise for "human consumption" - to get round this sellers refer to them as research chemicals, plant food, bath crystals or pond cleaner How these substances dealt with? • Different approaches: – following advice from the Advisory Council on the Misuse of Drugs (ACMD) UK Government can ban substance under the Misuse of Drugs Act, e.g. Spice, GBL and BZP (2009) and mephedrone and related compounds (2010) – in the US temporary scheduling allows for substances to be classified as controlled drugs for 1 year while new evidence is gathered – in New Zealand legislation allows for substances to be placed on a restricted list Approaches to regulation • individual control (universal) – specific listing – lists specific substances named one by one • generic control (UK, Ireland, New Zealand) – generic listing – defines a family of substances based on substitution patterns in a parent molecule where the type, number and position of substituents may be precisely specified • analogue control (USA, Latvia, Norway, New Zealand) – covers a family of substances due to their • similar chemical structure • similar pharmacological activity • 'all-encompassing control' (Ireland) – covers essentially all psychoactive substances based on their activity on the CNS Other issues • cognition enhancing drugs – so called 'smart' drugs • misuse/dependence and addiction to prescription and over- the-counter medication – Directed use: the use of POM/OTC medicines in the way they ave been prescribed by a qualified medical professional – Non-directed use: the use of medicines by an individual for whom they have not be prescribed or taking doses of a medicines above prescribed levels • Prescription medicines, e.g. – benzodiazepines and z-drugs; prescribed opiates (painkillers) • Over-the-counter medicines (OTC), e.g. – Over-the-counter opiates (painkillers); antihistamines Thank you for your kind attention la ringrazio molto per la cortese attenzione
Pages to are hidden for
"201107061301000.Drug Misuse Lecture"Please download to view full document


text:
Gary Hall
National Cathedral dean: Homophobia is a sin
In a sermon Sunday, the Very Rev. Gary Hall, the dean of Washington National Cathedral, said the church should have the courage to call homophobia and heterosexism a sin. He says "shaming people for whom they love is a sin."
National Cathedral hosts interfaith call to action on gun violenceComment
At Washington National Cathedral on Saturday, prayers and panels were offered for the nationwide Gun Violence Prevention Sabbath Weekend. A coalition of nearly 50 denominations have joined an interfaith call to action.
RecommendedRecent Facebook Activity
Only On 7
Watch ABC7 News at 4!ABC7 gives you MORE news in your afternoons with an extra hour, an hour earlier! Watch to see what's trending in your community and world every weekday afternoon at 4pm right after back to back "Hot Bench" shows at 3pm on ABC7.

subset: commoncrawl


text:
Group Disability Insurance - Benefits and Income Tax Implications
Benefit Determination
The employer and insurer determine the monthly income replacement percentage based upon what the employee earned prior to the onset of disability. Short-term policies may replace anywhere from 50% to 100%; long-term policies often replace 60% of income. Plans typically require that the employee satisfy an elimination period. It is the period of time for which benefits are NOT paid after you file a claim. The elimination period begins the day after your last day worked (LDW) and stops on the last day indicated in your policy. This means if your plan has a 90 day elimination period, benefits would begin on the 91st day after your last day worked.
Income Tax Implications
Benefits that a disabled employee receives are tax-exempt for that portion of the premium that the employee pays and taxable for that portion of the benefit that the employer pays. Taxable may be defined as being subject to federal and state income and FICA tax.
Conversion to Individual Plan
Group disability policies are usually neither portable nor convertible when one leaves one's employer.
Integration with Other Income
Benefits may be offset by any payable under social security, worker's compensation or coverage from another disability in force. Examples of other sources of income that would not be used to offset benefits payable under a group policy are:
- 401(k) plans
- profit sharing plans
- thrift plans
- tax sheltered annuities
- stock ownership plans
- non-qualified plans of deferred compensation
- pension plans for partners
- military pension and disability income plans
- credit disability insurance
- franchise disability income plans
- a retirement plan from another Employer
- individual retirements accounts (IRAs)
- individual disability income plans
- salary continuation or accumulated sick leave plans.
Analysis and Application
A financial planner is of value to the client who may well need assistance in navigating the rules of a group plan to determine eligibility, extent and duration of coverage, taxability of benefits and the submission of a claim.
Group disability insurance is a critical piece of any benefit package, yet not offered sufficiently by employers. Many of the provisions that apply to individual plans in terms of definition of disability, benefit provisions and length of benefit period apply to group plans equally. Different are the simplified underwriting requirements and lower cost afforded participants under group arrangements. Planners and their clients would do well to understand how these policies work and how to benefit from them.


text:
Thanks for redeeming.{{else}}
Success! Thanks for repurchasing.{{/if}} {{else}} {{#if Expired}}
Increase my visibility!{{else}} {{#if IsMultiPack}}
{{#if HasMultiPack}} You have {{MultiPackCount}} top spot(s) left. Now loading you into the search listings... {{else}} You have used all top spots. Now loading you into the search listings... {{/if}}{{else}}
We are loading you into the search listing pages...{{/if}} {{/if}} {{/if}} {{/if}}
{{Current}} just saw you!{{/if}} {{#if LastTopSpotPurchaseIsMulti }} {{#if HasAnyTopSpot}}
{{#if HasFreeTopSpot }} {{ UnclaimedTopSpotFree }} Free {{/if}} {{#if HasPaidTopSpot }} {{#if HasFreeTopSpot }} & {{/if}} {{ MultiPackCount }} {{/if}} Top Spot{{#if Plural}}s{{/if}} Left{{else}}
0 Top Spot{{#if Plural}}s{{/if}} Left{{/if}} {{else}} {{#if HasFreeTopSpot }}
{{ UnclaimedTopSpotFree }} Top Spot{{#if Plural}}s{{/if}} Left{{/if}} {{/if}} {{else}} {{#if HasResults}}
{{Current}} see you now!{{else}} {{/if}} {{/if}}
You can now invite anyone to meet at your favorite Starbucks.
Limited-time feature
35 year old man | Houston, TX, USA | Seeking women 28-35 within 12 miles
Active within 24 hours
Hi there! I've spent a long career on the road...
Hi there! I've spent a long career on the road with client work all over the US, living abroad and traveling for the fun of exploring this great big world. After having cheetahs climb on my jeep, working at orphanages in Cairo and Siem Reap, swimming Iceland's Blue Lagoon, wearing an octopus as a hat in Bora Bora, playing snow soccer with Inuit kids, napping on the beach in the Galapagos and climbing Mount Kilimanjaro it's exciting to be a local with my new job. When It comes to a relationship I hope to find someone with a great sense of humor who is honest, fun, smart, down to earth and happy being themselves. If you like travel, concerts, cooking and being outdoorsy/athletic then we're on the same page, that's very important to me. Bonus points if you quote movies. Your pet will love me because I smell like bacon. I'm big on hobbies: concerts (music is my soul), nitrox scuba, golf, soccer, camping, languages, reading, biking, the gym, setting my kitchen on fire, photography and going to sports/events. Downtime is with friends, watching rooftop movies or relaxing in one of my hammocks. Hammocks rule. Added a skydiving pic since everyone else has one and more crazy plans ahead: bungee jumping in NZ, diving the GBR, skiing something larger than the bunny slope and trying to watch an entire chick flick without finding an excuse to leave like elective invasive surgery (but not Titanic, sorry). And that's how you make a run-on sentence. While most are looking for a spark, I'd prefer to find a second bonfire. Figuratively and literally I'm looking for someone I can run with. Ludicrous speed, GO!
Camping , Cooking , Dining out , Gardening/Landscaping , Movies/Videos , Museums and art , Music and concerts , Nightclubs/Dancing , Travel/Sightseeing
Billiards / Pool, Bowling, Football, Golf, Running, Soccer, Swimming, Tennis / Racquet sports, VolleyBall, Walking / Hiking, Weights / Machines
I exercise 5 or more times per week.
I don't believe in astrology
I like Cats, Dogs
Had lots of pets growing up and looking again now that I'm local. Also enjoy gardening. It's fun taking my hibiscus for a walk at the park. It's distinctive. My house guardplant is an 8yr old umbrella tree named Stan. This section is mostly true.
Middle of the Road
Agora, Brasil, Boheme, Uchi; Cuisines: Sushi, Mex, French, Italian and Thai; grilling on my roof, Midtown, Montrose and the Heights are always fun and I live minutes from my surrogate backyard, Memorial Park
Texas A&M University, College Station, TX
Mel Brooks, Monty Python, Phil Dunphey, Arrested Development, good conversation, old board games, foosball, darts, BBQ, Crawfish Boils, steak night, coasting on a shopping cart, the smell of rain, fresh cut soccer fields, the beach, any beach really
Being social and going out with friends. Always up for concerts/festivals, outdoor anything, football, museums, movies, bubble tea, you name it. Travel is my middle name. I have been to all 7 continents, both poles and 80 countries
The Alexandria Quartet and a treatise on unconventional cooking by Theodore Geisel (props if you know what I'm talking about without googling). Waiting on GRRM's bk6. Always reading. Salinger, Vonnegut, Hemingway, Fitzgerald and Kerouac are my favs
Z{{Cta}} {{#if HasMoreInfo}} ?{{CtaSecondary}} {{/if}}
|What he is looking for
|6'2" (187cms)
|5'1" (154cms) to 6'1" (185cms)
|Body type:
|Athletic and toned
|Slender, Curvy, Athletic and toned
|No preference
|Light brown
|No preference
|No Way
|No Way, Cigar aficionado
|Social Drinker
|Social Drinker, Regularly, Moderately
|Executive / Management
|No preference
After almost 12 years as a big 4 business consulting manager I'm now working for a tech startup. Much more fun is my side job as a travel magazine writer/photographer... and I'm Batman
|I'll tell you later
|No preference
|Never Married
|Never Married, Divorced
|Have kids:
|Wants kids:
|Definitely, Someday
|White / Caucasian
|No preference
I'm Ron Burgundy?
|Christian / Other
|Agnostic, Atheist, Buddhist / Taoist, Christian / Catholic, Christian / Protestant, Spiritual but not religious, Christian / Other
|English, French, German, Spanish
|No preference
|Bachelors degree
|Bachelors degree, Graduate degree, PhD / Post Doctoral
Fightin' Texas Aggie in the Corps of Cadets


text:
Taking Pulse of the Q2 Earnings Season - Earnings Trends
READ THE FULL EARNINGS TRENDS REPORT by clicking here: Taking Pulse of the Q2 Earnings Season
Thanks to some very strong earnings from the Finance sector,
total earnings for the S&P 500 are on track to reach a new
all-time record in Q2, surpassing the previous record set in Q1.
But there is not much growth. In fact, outside of Finance, total
earnings for the S&P 500 would be down from the year-earlier
Here are a few takeaways from the 81 S&P 500 companies that have reported Q2 results as of Thursday (7/18) morning.
There is no change in the sub-par top-line performance that we witnessed last quarter. Revenues are weak, with only 38.3% of the 81 companies that have reported results coming ahead of top-line estimates. The earnings growth rate is better than what this same group of reported in Q1, but that's solely due to strength in Finance. Strip out Finance, and the rest of the S&P 500 companies are on track for a weaker showing than Q1.
As has been the case the last few quarters, the overall tone of company guidance has been on the weak side. We will know more about the guidance picture in the coming days as more companies report results (Finance companies typically don't provide guidance), but guidance will determine expectations for the second half of the year. As the chart below shows, estimates for the second half of the year still remain elevated.
But even more significant than growth rates and surprises will be guidance. Guidance is always important, but it has assumed even more significance this time around given the elevated expectations for the second half of the year, as the chart below shows.
We may not see much earnings growth in the first half of 2013, but consensus expectations are for a material growth ramp up in the back half of the year - from +2.1% in the first half to +7.8% in the second half.
Importantly, the growth expectations for the second half of
the year are not due to easy comparisons - the level of total
earnings expected in 2013 Q3 and Q4 represent new all-time high
quarterly records, as shown by the chart below of total bottom-up
consensus earnings estimates. Please note the record earnings
tally expected in Q2.
My sense is that estimates need to come down in a big way. The market hasn't cared much in the recent past about negative revisions as aggregate earnings estimates have been coming down for over a year now. But if we are entering a post-QE world, as I believe we are, then it will likely be difficult to overlook negative earnings estimate revisions going forward. How the market responds to negative guidance and the resulting negative revisions will tell us a lot about what to expect going forward.
Key Points
- Total earnings for the 81 S&P 500 companies that have reported results are up +11.5%, with 61.7% beating earnings expectations. Revenues for these companies are up +4.4%, with a revenue 'beat ratio' of 38.3%.
- The earnings growth rate is better than what this same group of companies reported in recent quarters, the revenue growth rate is about in-line with recent history, while the beat ratios, particularly on the revenue side, is weak.
- Finance results have been very strong, with total earnings for the companies that have reported results (48.9% of the sector's total market cap) up an impressive +30.5%. Excluding Finance, total earnings for the remainder of S&P 500 companies that have reported would be unchanged from the year-earlier period.
- Finance reclaims its leadership role in the S&P 500, contributing more earnings to the index's total than Technology this year for the first time since the 2008 crisis. The sector is expected to account for 19.2% of total S&P 500 earnings in 2013 compared to Technology's 18%.
- Technology earnings remain weak, with total earnings for the 22% of the sector's market cap that have reported results down -0.7% on -1.2% lower revenues.
- The composite total earnings for Q2 (combining the results for the 81 companies with the 419 still to come) are expected to increase +1.6% on flat revenues. Excluding the Finance, sector composite total earnings for the rest of the S&P 500 would be down -3.5% on -0.2% lower revenues.
- Estimate revisions have moved into negative territory, though Finance and Construction continue to experience strong positive revisions (Autos and Retail have moved into positive territory as well), while revisions for Basic Materials, Industrials, Staples, and Business Services predominantly to the downside.
- Estimates for the second half of the year still reflect strong growth, with total earnings in the second half expected to increase by +7.8% after the +2.1% increase in the first half. Total earnings are expected to be up 6.2% in 2013 and +11.3% in 2014.
- While there is not much growth, the overall level of total earnings is quite high. Total earnings in Q2 are on track to reach a new all-time record, surpassing the preceding quarter's record level. For the full year, earnings are expected total $1.03 trillion in 2013 and $1.15 trillion in 2014.
- The bottom-up 'EPS' for the S&P 500 for 2013 and 2014 currently stands at $109.74 and $122.08, respectively. The top-down 'EPS' estimates for 2013 and 2014 currently stand at $107.83 and $114.80. (Note: All the data in this report is based on bottom-up estimates).
SPDR-DJ IND AVG (DIA): ETF Research Reports
INTL BUS MACH (IBM): Free Stock Analysis Report
INTEL CORP (INTC): Free Stock Analysis Report
PFIZER INC (PFE): Free Stock Analysis Report
NASDAQ-100 SHRS (QQQ): ETF Research Reports
SPDR-SP 500 TR (SPY): ETF Research Reports
PRO-ULS L20+YRT (TBT): ETF Research Reports
To read this article on Zacks.com click here.


text:
Some weddings just have a magic touch, that little something that makes them stand out from the rest and sparkle. And this wedding, my friends, is one of those. We don't know if it's the gorgeous bride's bright smile, those fabulous Kate Spade shoes, or the bold and beautiful tablescapes with chevron runners and gold flower vases. Whatever it is, we've got a serious crush on this wedding from Deborah Zoe Photo.
All posts tagged with
"The Danger Booth"
I often times find myself remembering the bejillions of beautiful weddings we've shared on the blog by the dress. That gorgeous, take your breath away number gets seared into my brain faster than I can bat an eyelash. It's kind of a sickness but one that comes in very handy with the job at hand. And this vintage-esque gown from today's Rhode Island beauty is already seared away. But get this, it was hand-made by the Mother of the Bride and it blends beautifully with a day crafted by friends and...


text:
SIDON, Lebanon: A former Fatah al-Islam militant shot and wounded two people in the area of Taamir, near the Palestinian refugee camp of Ain al-Hilweh. Ahmad Abu Kheir shot at Mohammad Riz and his nephew after Riz, who provides electricity to the neighborhood, cut off power. Residents blocked the road in protest and called for handing over of Kheir.
Your feedback is important to us!
We invite all our readers to share with us their views and comments about this article.
Disclaimer: Comments submitted by third parties on this site are the sole responsibility of the individual(s) whose content is submitted. The Daily Star accepts no responsibility for the content of comment(s), including, without limitation, any error, omission or inaccuracy therein. Please note that your email address will NOT appear on the site.
Alert: If you are facing problems with posting comments, please note that you must verify your email with Disqus prior to posting a comment. follow this link to make sure your account meets the requirements. (http://bit.ly/vDisqus)
Families of hostages block roads to protest stalled talks
Sidon to see more green with new garden
Palestinian child wounded in s. Lebanon camp shooting


text:
OrCAD PCB Editor
OrCAD PCB Editor offers a proven, scalable, easy-to-use PCB editing and routing solution that grows as needed. Its tight, front-to-back application integration with OrCAD Capture and OrCAD Spice, increases productivity and ensures data integrity
OrCAD PCB Editor offers an interactive environment for creating and editing simple to complex multi-layer PCBs. Its extensive feature set addresses a wide range of design and manufacturability challenges.
Why should you learn?
PCB Editor contains full-featured PCB editor based on Allegro technology; its extensive feature set addresses a wide range of today's design challenges and manufacturability concerns.
Besides, it enhances your design capability with features like full 3-D viewing of the design, "flip-board" viewing/editing, and new DRCs.
OrCAD PCB Editor provides a powerful and flexible set of floor planning tools and shape-based shove/hug interactive etch creation/ editing. Interactive, shape-based, any-angle, push/shove routing allows designers to quickly solve interconnect challenges.
Its dynamic shape capability offers real-time copper pour plowing/healing functionality during placement and routing iterations.
Learning Objectives:
At CADD Centre, we help you master the following capabilities of OrCAD PCB Editor:
- Enhanced Arc Editing: It is specifically designed for editing clines with curved corners. This function can be used to change the radius of an existing arc, convert a corner vertex point to an arc, slide segments tangent to an arc(s), automatically select or preserve one or both arcs, and slide straight segments that are connected to pins and vias.
- Multi-Line Generator: This feature allows users to begin the group route in open space and experiment with different parameters. A user interface controls the quantity of lines, line width, line to line space, and control trace.
- Via List DRC: It ensures alignment between the vias lists referencing net and region objects against the actual physical vias used in the design.
- Via List Viewer: It now supports a graphical view of the vias associated with the respective physical CSet. Color selection, visibility, and datatip controls are available in the draw options tab.
- 3-D Viewer: This 3-D environment supports several filtering options; camera views; graphic display options such as solid, transparency and wireframe; and mouse driven controls for pan, zoom and spinning the display. 3-D viewing is also supported in pre-selection mode, making it possible to display HDI via structures or isolated sections of the board.
- Flip Design: Designers can now view the layout of the PCB from the bottom side. Flip Design is not just limited to viewing, as design edits such as moving silkscreen text can be performed while in this mode. When Flip Design mode is invoked, there are indicators in the canvas advising this mode is active.
- Enhanced Pad Entry: The interactive etch edit environment improves the transitioning of clines exiting and entering a padstack. The enhanced pad entry works on circle, rectangle, and oblong pads by exiting perpendicular to a pad edge, or exiting out a radius at an angle that does not produce an acute angle.
- Productivity Enhancements: Includes an enhanced windowing operation that permits a polygon selection window, customizable datatips through a user configuration interface, and the measurement of the separation between any two objects, regardless of the layer.
Learning Outcome:
- You will know how to navigate within the PCB Editor window and access UI features to tailor the tool for individual needs; Manage the PCB Editor Work Environment.
- You will know how to create and use scripts; use the Control Panel to locate board database objects and report information about them.
- You will learn to use the Pad Designer to create padstacks for a number of typical pins, such as through-hole and surface-mount pads; Use the Package Symbol Wizard to create a Package Symbol; Use the Symbol Editor to create a surface-mount package.
- You will know to use the Mechanical Symbol Editor to create Board Mechanical Symbols; Use the PCB Design Editor to create a Master Board Design; import Logic Information into PCB Editor
- You will know to add, change & delete properties of components & nets; Use Floor planning to organize the placement of components; interactively place components; selectively place components.
- You will know how to use interactive and auto swapping for pins and gates; define and display etch grids used for routing; add and delete connect lines and vias; prepare for autorouting by creating preliminary embedded planes
- You will learn how to generate positive and negative planes; rename reference designators and backannotate changes made in the PCB Editor to the schematic environment
- You will learn to prepare board design for manufacturing by generating and editing silkscreen layers; using reports available in PCB Editor; setting-up the Design File for Artwork - Preview before plotting, and generating Drill Symbols and legend for fabrication drawing.
Course Enquiry
Course Architect
Browse and easily navigate through a list of courses offered by us
Bentley's CONNECT 2015
An opportunity to connect with Infrastructure professionals
Location : Mumbai
Date: 26 & 27th August 2015
Register Now >>
Our reference books are designed to provide holistic training.
Browse >>