Introduction
Cases of drug abuse have been on the rise around the world. Many researchers point towards the breakdown of social support as the main increasing trend. Statistics indicate that the increase in the cases of drug abuse in the US has inevitably resulted in increased cases of drug-related crime. This paper seeks to identify and compare the current federal drug statutes; Minnesota State statute that governs controlled substances; statistics on drug convictions at the federal level and Minnesota.
Current Federal drug statutes
The federal laws on drug abuse and prevention are captured in chapter 13 of the federal statutes (US code House, 2010). Part A of the chapter introduces the provisions as established and declared by congress and the various amendments that have been made. Part B of the chapter stipulates the criteria for classifying the controlled substances, their standards, and schedules. This section stipulates the roles of the attorney general in the classification and scheduling of substances that have the potential to be abused. Thus the drugs are placed in different schedules (I to v) depending on the type and effects they produce.
It also provides for the legally acceptable quantity of the drug that can be used for special treatments. In part C, the laws on manufacturing, distribution and dispensation of controlled substances are outlined. The rules and regulations regarding the manufacture, distribution and dispensation of the controlled substances are promulgated by the attorney general at a reasonable fee (US code House, 2010).
There are different rules and regulations for drugs belonging to different schedules. All practitioners are registered and given identification numbers and those who violet the terms of service have their licenses revoked and legal action taken against them. In part D of the statutes the different types of offenses and the penalties they attract are categorized. The offenses range from illegal manufacturing, distribution, dispensation and use of controlled substances. Penalties are imposed depending on the quantity, the type of substance and the bodily harm caused if any (US code House, 2010).
Minnesota drug statutes
The laws that govern the use of controlled substances (drug paraphernalia) are captured in section 9.06 of chapter 9 of the Minnesota statutes (Office of Revisor of Statutes, 2009). Subdivision 1 of the section reveals the date when the uniform controlled substance act was incorporated in the statutes. Subdivision 2 is about “possession, manufacture, delivery and advertisement of the prohibited substances” (Office of Revisor of Statutes, 2009, par. 2).
This subdivision sets of by defining drug paraphernalia, “all equipment, products, and materials which are used, intended for use, or designed for use in planting, growing, harvesting, manufacturing, testing, packaging, storing, concealing and introducing into the human body controlled substance in violation of Minnesota statute” (Office of Revisor of Statutes, 2009, par. 5). The subdivision also provides the process of establishing if a certain object can be regarded as drug paraphernalia. These include “statements by the owner, prior convictions, the proximity of the object to controlled substances, existence of any residue of the controlled substance, any instructions regarding the use of the object, national and local advertising among other factors” (Office of Revisor of Statutes, 2009, par. 6).
Subdivision B also provides for the prohibitions on the handling and use of drug paraphernalia. Under this section, the handling of paraphernalia with the intention of using it in any way qualifies one to be termed a petty misdemeanor. If a person is indulging in the manufacture and delivery of paraphernalia then he/she is a misdemeanor. If one delivers “drug paraphernalia to a minor is guilty of a gross misdemeanor” (Office of Revisor of Statutes, 2009, par. 7). And finally, any person who is involved in advertisement activities concerning drug paraphernalia is a misdemeanor.
Please note that the Minnesota controlled substance statutes are only meant to complement the federal statutes which are uniformly applied across the United States. Thus the Minnesota controlled substances statutes only touch on the drug paraphernalia part that is not captured in the federal statutes.
Available comparative statistics on Drug abuse amongst convicts and addiction treatment between Minnesota state and National figures (2009)
Figure 1: National.
| Drug | Alcohol | Marijuana | Heroin | Prescription painkillers | Cocaine | Methamphetamine |
| Percentage
abuse |
40 | 18 | 14 | 6 | 8 | 6 |
Figure 2: Minnesota.
| Drug | Alcohol | Marijuana | Heroin | Prescription painkillers | Cocaine | Methamphetamine |
| Percentage
abuse |
56 | 18 | 4 | 6 | 5 | 7 |
The data above indicates that the percentage (56%) of alcohol abusers in Minnesota is higher than the national percentage which stands at 40%. In both sets of data alcohol can be seen as the highest abused in relation to the other substances and accounts for close to 50% of all substance abuse cases (National Drug and Inteligence Center, 2010). Both national and Minnesota cases of marijuana abuse stand at 18%.
Marijuana is the second most abused drug both in Minnesota and nationally. Cases of heroin abuse are significantly low in Minnesota as compared to the national figures. Heroin is the third widely abused substance nationally but the least abused in Minnesota. Prescription painkiller abuses cases stand at 6% for both national and Minnesota figures. The national cases of cocaine abuse stand at 8% and are comparatively higher compared to those of Minnesota at 5%. Methamphetamine national and Minnesota cases stand at 7% and 6% respectively (National Drug and Inteligence Center, 2010).
Conclusion
This paper sought to identify and compare the current federal drug statutes; Minnesota State statute that governs controlled substances; statistics on drug convictions at the federal level and Minnesota. It has been revealed that the national controlled substance statute is uniform in all the states and thus the Minnesota statute has only complemented it. The trends in drug abuse and subsequent convictions have also been identified for both national and Minnesota states.
References
National Drug and Inteligence Center. (2010). National Drug Threat Assessment. New York: U.S Department of Justice.
Office of Revisor of Statutes. (2009). Minnesota Statutes. Web.
US code House. (2010). Drug Abuse Prevention and Control. Web.
Ethical Decision Making In Nursing
Nursing practice is associated with the need to make evidence-based ethical decisions that may have diverse effects on patients, nurses’ colleagues, and their healthcare facilities. One of the most recent situations related to ethical decision-making involved communication aspects. I administered the medications in accordance with the developed treatment plan for my patient. In several hours, I noticed a certain deterioration of her health and addressed the physician regarding the matter. He said that some negative effects were possible, so it was better to monitor vital signs. When I asked the physician to see the patient, he said he had more urgent cases to address and will come shortly. In several hours, the patient’s physical condition worsened significantly, so I came to the physician and asked him to come as soon as possible or rather immediately. I saw the physician’s reluctance, so I stressed that the situation was serious. When the physician checked the patient, he changed the treatment plan by replacing some medications with others. In less than two hours, the patient’s condition improved considerably.
Although no legal action was undertaken and no further issues regarding the patient’s health occurred, some legal ramifications could have taken place. For instance, the hospital (as well as the physician and me) could be sued for negligence. Failure to assess, monitor, and communicate could become the primary accusation in that case (McBride, Tietze, Robichaux, Stokes, & Weber, 2018). If I had not convinced the physician to assess the patient’s state and change the treatment plan, the patient’s health could have deteriorated dramatically. The patient could demand some compensation, which would result in quite substantial financial losses for the hospital.
In the mentioned situation, I did not address our ethical committee or other healthcare professionals. However, our Nurse Manager played quite a considerable role in my decision-making process. We have regular training aimed at improving communication and interdisciplinary collaboration. One of the major lessons I learned is that my responsibility is to ensure the provision of all the necessary details to involved stakeholders and make sure that the patient receives high-quality care.
Training is one of the methods to improve decision-making because nurses need to have the necessary skills and knowledge to make decisions in diverse situations (Davoodvand, Abbaszadeh, & Ahmadi, 2016). Irrespective of working experience and years in practice, nurses need to learn more about the latest ethical decision-making models. Excessive workload and fatigue can make nurses less attentive to numerous details that can lead to serious issues. Another method to improve the quality of decision-making is to develop effective protocols that will guide nurses’ in their daily practice. In order to introduce such protocols, it is necessary to conduct continuous research and engage healthcare professionals, administrators, and the ethics committee. Although all cases are unique, it is possible to create sound plans to respond to situations that are similar in some ways.
In conclusion, it is necessary to note that nurses have to make ethical decisions that can have various effects on the involved stakeholders. Adverse patient outcomes, legal ramifications, financial and reputational losses, emotional distress are only some problems that can arise due to unethical decisions. Therefore, hospitals should make sure that training and protocols are available for their nursing staff, which will be instrumental in improving the quality of ethical decisions made by nursing professionals.
References
Davoodvand, S., Abbaszadeh, A., & Ahmadi, F. (2016). Patient advocacy from the clinical nurses’ viewpoint: A qualitative study. Journal of Medical Ethics and History of Medicine, 9.
McBride, S., Tietze, M., Robichaux, C., Stokes, L., & Weber, E. (2018). Identifying and addressing ethical issues with the use of electronic health records. OJIN: The Online Journal of Issues in Nursing, 23(1).
Two Key Models Of Legal Decisions
Description of consensus and conflict model
Legal decisions are guided by two key models. These incorporate the consensus model that derives its foundation on societal views and the conflict model, which relies on experts to determine concepts and procedures (Newton & Van Deth, 2005). The origin of the two models typifies the roots of criminal law. Consensus model assumes a direct correlation with the theory of Social contract as per the formulations of John Locke. Concurrently, the conflict model is developed along the Marxist theory which divides the world into dissimilar classes. The model assigns influential persons the decision-making role.
An example on the application of the consensus model is the recent referendum in Southern Sudan. This accorded the citizens the responsibility of making decisions on the laws that would govern them. Consequently, it was their privilege to settle on the direction to pursue. The conflict model is commonly applied in modern legal systems since judges make the decision, which they deem correct (Schmalleger, 2003). Legal judgments such as the death punishment exercised on Iraqi’s deceased president, Sadam Hussein, exemplify the conflict model.
Consensus Model
Social implications
The consensus model has more constructive effects in the society, upon comparison to negative implications. The model enhances harmony since decisions are made according to societal demands (Newton & Van Deth, 2005). However, the model may be ineffective in criminal justice because it takes long periods to come up with decisions that represent the majority.
Legal and political implications
Legal implications of the consensus model are evident in elevated levels of (Newton & Van Deth, 2005). Concurrently, the model enhances political stability by fair allotment of powers. Therefore, it should be the preferred model in criminal justice.
Conflict model
Social implications
A common social implication is evident in the rejection of the model since it poses dictatorial tendencies. The model employs powerful people to make decisions on behalf of the society thus failing to represent opposing views (Schmalleger, 2003). In criminal justice, the society may possess evidence which contradicts decision makers; however, they may be convinced otherwise due to the available facts. Consequently, the judgment process fails to reflect the societal wishes (Newton & Van Deth, 2005).
Legal implication
Conflict model has grave legal implications due to dictatorial tendencies. Although it is widely used in industrialized and developing world, it fails to apply absolute fairness in all situations. The judges are well trained but fail to access all relevant information thus making judgment unfair (Schmalleger, 2003). However, it is helpful because it reduces the duration needed to come up with a decision.
Political implication
Due to the increasing quest for political power, the conflict model is also unfavorable in promoting political fairness. This is because the model divides the society into classes; furthermore, most politicians belong to the top brass (Schmalleger, 2003). It is noteworthy that they take advantage of such a situation by deceiving the society. This is partly attributed to the leniency of the legal system towards authoritative politicians. The conflict model assumes increased levels of evenness amongst human beings; however, dynamism in human nature proves that different situations necessitate diverse solutions. Consequently, it is not easy to apply the conflict model fully; however, it can act as a guideline for the consensus model in matters pertaining to criminal justice (Newton & Van Deth, 2005).
References
Newton, K. & Van Deth, J. (2005). Foundations of comparative politics: democracies of the modern world. New York, NY: Cambridge University Press.
Schmalleger, F. (2003). Criminal justice today: An introductory text for the 21st century (7th ed.). Upper Saddle River, NJ: Prentice Hall.