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.
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