Regulation of Psychoactives

A psychoactive is defined as a substance which, when introduced into the human body in small quantities through ingestion, injection, inhalation, or contact with and diffusion through skin or membranes, exerts a non-uniform and direct effect on the organic systems of the brain through the acceleration, inhibition, or other modulation, reorganization, or reconfiguration, of chemical synthesis, metabolism, transport, or binding, or signal conveyance and processing. Furthermore, the effect of a psychoactive on the brain is not due to an evolved, specifically targeted responsiveness to naturally occuring environmental factors or dietary components.

Aside from the obvious relevance of legal guarantees of private property rights, the planting, picking, harvesting, and consumption of vegetation with psychoactive properties cannot be regulated by law, provided the raw product is not chemically modified or artificially concentrated (except insofar as combustion comprises a chemical modification), except by the below restriction regarding operation of machinery.

An individual under the influence of a psychoactive which impairs motor coordination or markedly alters judgement must not operate machinery which can reasonably be expected to physically harm others if operated incorrectly.   For example, the amount of caffeine in a regular cup of coffee does not preclude operation of such machinery, nor does a small quantity of alcohol, nor does a small dose of amphetamine, though any of these substances in larger quantities preclude safe and legal operation of such machinery.

Except for the above restriction regarding operation of machinery, no law can be empowered that forbids or regulates the acceptable settings wherein naturally occuring psychoactives can be consumed by simple ingestion.   Consumption by combustion of naturally occuring psychoactives is similarly exempt from interference, except that an individual who is not an owner or tenant of the space where he is, and who does not have the permission of the tenant or, if there is no tenant, owner of the space where he is, must refrain from smoking when asked to by another individual with whom he shares an enclosed space, or when he is asked to refrain by someone inside an enclosed public area when he is within 10 feet of the entrance to the enclosed public area, or when a sign on the interior wall of an enclosed space forbids smoking.

Conventional breeding and hybridization, of the type which does not require any expertise with or technologies of molecular biology, cannot be construed as chemical modification or artificial concentration.

The remainder of this section applies only to synthetic, chemically processed, or artificially concentrated psychoactives, and to sale, purchase, distribution beyond personal acquaintances, and distribution to non-adults, of any psychoactive.

Within constraints outlined below, psychoactives can be purchased only by adults and consumed by anyone on private property with the property owner's or tenant's consent; additionally a non-adult must have the permission of at least one of his guardians to take a synthetic psychoactive.

Four classes of psychoactives are hereby established: mild, moderate, strong, and extreme, according to the degree to which a nominal dose has been shown to impair the judgement of the user such that the rights of others are likely to be jeopardized.   A psychoactive must belong to only one class.

In typical doses, mild psychoactives exert no significant influence on thought processes, neither markedly inhibiting activity nor markedly stimulating it.   They do not result in a marked impairment of judgement, nor any significant impairment of dexterity and coordination.   Nicotine and caffeine are hereby immutably classified as mild.

In typical doses, moderate psychoactives are not psychotomimetic, do not dramatically stimulate physical activity, and do not dramatically increase stamina.   Ethanol, opiates, tetrahydrocannabinol, and barbituates are hereby immutably classified as moderate.

In typical doses, strong psychoactives may be psychotomimetic, may dramatically stimulate physical activity, may dramatically increase stamina, and may produce in the user an apparent imperviousness to pain.   A strong psychoactive must be either a psychotomimetic or an activity stimulant, stamina extender, or pain effacer, but cannot be both.   Serotonergic hallucinogens, amphetamines, amphetamine-analogue hallucinogens, and cocaine analogues are hereby immutably classified as strong.

In typical doses, extreme psychoactives are both psychotomimetic and activity stimulants, stamina extenders, or pain effacers. Phencyclidines are hereby immutably classified as extreme.

It is the responsibility of the state to enforce restriction of consumption and experience of moderate, strong, and extreme psychoactives to licensed users or exclusively to controlled environments, as follows.

Parlors are licensed by the state and, above and beyond the normal responsibilities of a point of psychoactives distribution, are required to restrict the movement of the client to a safe and controlled environment, and must not allow the client to leave the controlled environment without first verifying that the client is sufficiently sober regarding both judgement and motor skills.   Parlors are only accessible to adults, and must be tended by strictly sober staff.

Moderate and strong psychoactives must first be sampled in a parlor, and depending on the reaction of the individual (lack of destructive conduct, and the individual's performance on a battery of computer-administered tests while under the full influence of the substance, which tests only to verify the individual's continued respect for the rights of others), a license for private purchase and use is granted.

An individual who gives an unlicensed individual a moderate or strong psychoactive shares responsibility and liability for the actions of the unlicensed individual while said individual is under the influence of the psychoactive.

Police can use non-invasive detection technology during any arrest for a biological or destructive crime, in order to detect and identify a psychoactive drug in the system of the arrested individual.   The arrested individual must be informed of the identities of any drugs detected.   Only at the request of the individual being arrested, an invasive tissue sample must be taken for detailed laboratory confirmation of any field finding of psychoactive influence.

If an individual is found to be under the influence of a moderate, strong, or extreme psychoactive at the time he commits a biological or destructive crime, his license to buy that psychoactive is suspended for a year, and he is forbidden to use the psychoactive identified in said license for that year.   If the psychoactive is strong or extreme, the individual's license to purchase any strong or extreme psychoactive is suspended for one year, and he is forbidden to use any strong or extreme psychoactive for that period.   Any psychoactive prescribed by a trained medical professional according to the accepted medical guidelines for therapy is exempt from any such suspension of the right to purchase and use a psychoactive or class thereof.   In order for a suspended license to be reinstated, the individual must successfully complete a state-approved remedial program.

No law can restrict enterprise in psychoactives beyond the restrictions laid out in this document.

Employees of the state must not be under the metabolic influence of a psychoactive drug other than a mild psychoactive, while working, except as formally authorized by a controlling official according to law.

Violation of the terms of this section is a minor crime, unless a non-adult is involved, in which case it is a serious crime. Violations of the terms of this section cannot be construed to be biological or destructive crimes.

previous section "Right of Edibles Distribution"

next section "On Advertising"

back to index for this chapter ("Commerce")

back to top-level index

Send email to me at

Site Search

This is a preliminary draft. Pending changes are in The To-Do List