Tag Archives: drug policy

Drugs, Prisons and ‘Unintended Consequences’ – Does drug interdiction drive drug-related harms?

Rick Lines, Olivia Howells and Daniel Webb*


The availability of drugs in prisons around the world is well documented. In Europe alone, up to seventy percent of people in prison have used an illicit drug. In Canada, forty-eight percent of prisoners in federal correctional institutions have had ‘problems’ with drugs. In Australia, one in six people discharged reported using illicit drugs during their sentence.

The 2018-19 Annual Report of HM Chief Inspector of Prisons for England and Wales stated, ‘we are regularly told how easy it is to get hold of illicit drugs in prisons, and of the shockingly high numbers who acquire a drug habit while they are detained’. The Chief Inspector was ‘particularly concerned by the high number of prisoners who said they had developed a problem while in prison – 13% of adult men in our survey reported that they had developed a problem with illicit drugs since they had arrived’. Here in Wales, a Cardiff prison survey found that fifty-two percent of prisoners said it was easy to get illegal drugs into the prison.

The availability and use of drugs in prisons cannot be separated from wider drug policy. The criminalisation of drugs and the people who use or sell them fuels mass incarceration in many countries, and in doing so creates large profitable markets for drugs behind bars. To counter this, prison systems around the world have deployed a wide range of supply reduction and drug interdiction measures – from searches to sniffer dogs to drug testing – to try to stop drugs entering prisons, and to disrupt internal markets.

Are these measures effective at deterring drug use or shrinking illicit markets? The high levels of drug use in prison cited above suggest the impacts are limited at best, and that despite the efforts of prison security, drugs continue to flow into places of detention with relative ease.

Photo by Matthew Ansley on Unsplash

Although supply reduction efforts in prisons may be ineffective overall at eliminating drug markets, that does not mean they do not have an impact on drug consumption. As noted in 2008 by Antonio Maria Costa, former Executive Director of the UN Office on Drugs and Crime, efforts to control illicit drugs often have negative ‘unintended consequences’ not considered at the time they were implemented. In other words, drug enforcement efforts often have the effect of creating problems worse than those they were intended to solve. In prisons, one of these ‘unintended consequences’ is increased drug-related risk and drug-related harms.

One widely used measure to deter drug use in prisons is mandatory drug testing (MDT). The UK Ministry of Justice states that 67% of prisoners surveyed in 2014/15 had participated in some form of MDT. While the UK government states that MDT is intended to ‘deter prisoners from misusing drugs’ and to ‘contribute to drug supply reduction, and contribute to prisoner safety, violence reduction, order and control’, the evidence suggests that random drug testing may actually undermine all of those objectives.

Cannabis is the most commonly used drug by people in prison in the UK, with a reported 79% lifetime prevalence of use. It is also a drug that remains highly detectable in the body for long periods after use. As such, cannabis users in prison have a ‘high risk of detection through mandatory drug tests’. One of the ‘unintended consequences’ of MDT in prisons is therefore a switch from cannabis use to heroin use among prisoners. As heroin is undetectable via MDT after only two to three days, heroin use becomes a logical choice for people who want to use drugs and minimise their risk of being caught. This switch to heroin use can also lead to a switch from smoking to injecting as a route of administration, with the attendant risks of blood-borne virus transmission and vein damage from sharing and reusing scarce injecting equipment in prisons.

There are also increasing indications that drug interdiction activities in prisons are driving the availability and use of new psychoactive substances (NPS), with mandatory drug testing again playing a role. Many varieties of NPS are not detectable by drug testing, creating an incentive to choose new psychoactives as a way to minimise risk of detection. As noted by one observer, ‘due to testing…cannabis, which is argued to be a lower risk substance, has been replaced by spice – a substance perceived to have more dangerous health implications’. A study commissioned for the National Offender Management Service found that prevalence of synthetic cannabinoids was twice as high among prisoners at time of release than at the time of admission. In that study, synthetic cannabinoids were the only substance for which a higher prevalence was detected upon release than upon admission, suggesting a statistically significant uptake of use of NPS by people in detention.

The European Monitoring Centre on Drugs and Drug Addiction (EMCDDA) has noted that ‘the avoidance of positive drug tests has been suggested as motivation for drug users to switch to NPS while in prison’ and that ‘increases in NPS use in prisons may therefore, arguably, be an unintended negative consequence of random mandatory drug testing programmes in some European prisons’.

While the UK and Germany have recently incorporated detection of synthetic cannabinoids into its MDT programme, this ultimately will not address the issues of drugs in prisons, or the creation of risk. As noted by EMCDDA, ‘One possible outcome…is that there may be displacement from use of synthetic cannabinoids to other substances, such as synthetic opioids, which may also be extremely harmful.’ Indeed, the EMCDDA notes that the use of synthetic opioids in Latvian prisons ‘has been accompanied by more overdoses and an increase in injecting, including needle-sharing’.

The UK Prison Inspectorate has stated that ‘NPS have created significant additional harm and are now the most serious threat to the safety and security of the prison system’. The widespread use of NPS, driven in part by random drug testing, suggests that the MDT is having the opposite effect of that intended by the government. In 2005, MDT was withdrawn from Scottish prisons as it was deemed a waste of funds that had little effective impact on drug use amongst prisoners.

Such negative ‘unintended consequences’ can also be identified from other supply reduction efforts. Drug detecting sniffer dogs are widely used throughout the UK prison regime. A 2014 review of supply reduction activities in Australian prisons described the impact of sniffer dogs as ‘modest’. However, even this ‘modest’ success is undermined in the case of new psychoactives. The EMCDDA, for example, cautions that, ‘Sniffer dogs are not trained to recognise the many different types of NPS.’ The UK Prison Inspectorate has noted that ‘Synthetic cannabis has no distinctive odour and is therefore harder to detect than non-synthetic cannabis, making it more attractive to smuggle in’. Even where dogs are trained specifically to identify one type of NPS, such as ‘Spice’, the longer-term effectiveness of this is made difficult by ‘the ever-changing composition’ of new psychoactives, making the programmes ‘ineffectual’.

Drug use is as much a part of the prison environment as it is the outside community. Overall, the supply reduction activities of prison regimes fuel drug-related risk and drug-related harms among people in detention. The advent of NPS only exacerbates this, creating an environment in which use of new psychoactive substances, substances often more dangerous than the traditional drugs they are created to mimic, are the easiest to smuggle in, and the most logical to use if wishing to avoid detection.

If governments are truly serious about addressing drug use and reducing drug-related harm, they must move away from enforcement-focussed responses, and instead implement laws and policies that reduce the number of people in prison for drug-related offences, and to provide comprehensive harm reduction programmes for people in detention.


*Dr Rick Lines is Associate Professor of Criminology and Human Rights at the School of Law, Swansea University. He is also a Senior Research Associate with the Global Drug Policy Observatory. Olivia Howells is a Law and Criminology student at Swansea University and Daniel Webb  is a Criminology and Criminal Justice student at Swansea University.

This research was conducted as part of the Swansea Paid Internship Network programme, a scheme enabling School of Law students to obtain experience working on an active research project under the guidance of an academic supervisor.

Measuring Drug Policy Outcomes: Intersections with Human Rights and the Sustainable Development Goals (SDGs)

The following blog was first posted by Nazlee Maghsoudi, ICSDP, 07/05/2018
Original link; http://www.icsdp.org/measuring_drug_policy_outcomes_intersections_with_human_rights_and_the_sustainable_development_goals_sdgs

For the sixth consecutive year, a side event was held at the 61st Session of the Commission on Narcotic Drugs (CND) to continue the global discussion on reprioritizing the objectives and indicators used to evaluate drug policies.

Pic 1

Pic 1Recent years have seen a growing appreciation for the intersections between drug policy and the sustainable development agenda, particularly in relation to human rights. Against this backdrop, and as preparations for the High-Level Ministerial Segment of the CND in 2019 continue, the Government of Switzerland, Office of the High Commissioner for Human Rights (OHCHR), International Drug Policy Consortium (IDPC), Centro De Estudios Legales Y Sociales, Social Science Research Council (SSRC), Global Drug Policy Observatory, and the ICSDP held a side event to examine how the sustainable development agenda might offer opportunities for more effectively measuring the impact of drugs and drug policies, including on human rights.

With the event expertly moderated by Mr. Adrian Franco, National Institute of Statistics and Geography, Mexico, Ms. Cleia Noia, Programme Manager for the Drugs, Security and Democracy Programme at SSRC, began the session by sharing recommendations from a new publication by the International Expert Group on Drug Policy Metrics. Titled, “Aligning Agendas: Drugs, Sustainable Development, and the Drive for Policy Coherence,” the discussion paper argues that aligning the way we measure and evaluate drug policies with the 2030 sustainable development agenda would have two clear benefits; first, such harmonization would help to overcome many of the limitations of drug policies resulting from suboptimal metrics for measuring their impact, and second, help to ensure drug policies enhance, rather than hinder, efforts to achieve the SDGs. Ms. Noia stressed that drug policies must be designed in coordination with other relevant policy agendas to guarantee that achievements in one are not undermined by those in another. A recognition of the interconnectedness of policy agendas is reflected in SDG 17, specifically target 17.14 to “enhance policy coherence for sustainable development.” A key recommendation from the International Expert Group on Drug Policy Metrics is therefore for the UN Deputy Secretary-General to establish a process for developing adequate indicators for target 17.14, including a framework for coherence between drug policy and sustainable development. System-wide coherence would be further reinforced by another recommendation shared by Ms. Noia, which called for the UN Statistical Commission to consider the addition of further SDG indicators related to drugs and drug policies. While only SDG 3 on health and wellbeing includes an explicit indicator in this area, there are at least four other SDGs, as outlined in the discussion paper, that are well positioned for the addition of indicators related to drugs and drug policies. Noting that the window of opportunity is rapidly closing, Ms. Noia concluded by asking Member States to consider how the procedures in place for the sustainable development agenda could be expanded to include their interactions with drug policies, in order to avoid embedding blind spots that would undermine achievement of the SDGs.

Offering concrete examples of drug policy indicators that could be incorporated into the SDG framework, Ms. Marie Nougier, Head of Research and Communications at IDPC, focused on the interactions between drug policy and SDG 5 on gender equality. Pic_2_croppedBeginning with target 5.1 for the end of all forms of discrimination against women, Ms. Nougier stressed that this could be supported through the addition of an indicator measuring cases of discrimination faced by women who use drugs accessing health and social services, given the heightened stigma experienced by this key population. For target 5.2 on the elimination of violence against women, including trafficking and sexual and other types of exploitation, Ms. Nougier emphasized that the SDG indicators framework must track the number of women coerced into the illegal drug market, but also cases of violence by law enforcement officials against women who use drugs, as well as measuring rates of impunity for such cases.

Pic_2_cropped

Beyond SDG 5, many other goals and targets could be used to address the issues affecting women and drugs, including Target 1.4 on equal rights to economic resources, or Target 3.3 on ending AIDS by 2030. These represent just a few examples of the many indicators that could be incorporated into the SDG indicator framework, as well as into other international and national evaluation mechanisms on drug policy impacts, such as the Annual Report Questionnaire (ARQ) – the principal mechanism through which Member States report on the impacts of their drug policies to the UN. Ms. Nougier cautioned that without deliberate efforts to apply a gender perspective to the evaluation of drug policies, this will remain a blind spot and certainly hinder the achievement of SDG 5. This will also require that key aspects of the UNGASS Outcome Document be incorporated into the ARQ to ensure that more opportunities are offered for Member States to report back on gender-disaggregated data.

Christian Schneider, Drug Markets and Drug Policy Analyst at the Swiss Federal Office of Police, built upon the discussion by noting that even if indicators are in place, the limitations of the mechanisms used to gather data must also be taken into account. As a contributor to the ARQ, Mr. Schneider has seen firsthand the limitations and challenges posed by self-reported data. Mr. Schneider suggested that the sustainable development agenda and the UNGASS Outcome Document provide an impetus to address gaps in drug policy evaluation by supplementing self-reported ARQs with data sources from other actors, such as civil society organizations. The UNGASS Outcome Document presents several opportunities for improving the evaluation of drug policies, including paragraph 4(h), which suggestspic3_cropped.png the inclusion of human rights information in Member States’ reporting on the implementation of the three drug control conventions, and paragraph 7(g) on improving impact assessments by employing relevant human development indicators and other measurements in line with the SDGs. Mr. Zaved Mahmood, Human Rights Officer at the OHCHR, further emphasized that these can serve as entry points for human rights data collection. Mr. Mahmood shared a recent publication from the OHCHR, titled, “Human Rights Indicators: A Guide to Measurement and Implementation,” which contains relevant guidance for the incorporation of human rights indicators into the evaluations of drug policies. As the review process for the consideration of improvements to the quality and effectiveness of the ARQ continues, Mr. Mahmood encouraged Member States to use this opportunity to consider a more holistic approach to the evaluation of drug policies and ensure the inclusion of indicators pertaining to human rights.

pic3_cropped.png

Referring to CND Resolution 60/1 (paragraph 6), Mr. Mahmood also urged Member States to explore possibilities to strengthen existing data collection and analysis tools at the national level by using human rights indicators.

Click here to visit the CND Blog’s live reporting from this side event.

Written by: Nazlee Maghsoudi, Knowledge Translation Manager at the ICSDP