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Posts in Legislation
Germany's cannabis act: a catalyst for European drug policy reform?

By Jakob Manthey, Jürgen Rehm,and Uwe Vertheina

With the enforcement of the Cannabis Act on 1 April 2024, Germany has adopted one of the most liberal legal approaches to cannabis on the continent. The German model prioritises a non-profit approach and precludes legal market mechanisms. We believe these are the main drivers for increasing cannabis use and related health problems, based on observations following cannabis legalisation in Canada and many states in the U.S. Although legalising cannabis possession and cultivation may not immediately eliminate the illegal market, it is expected to serve public health goals. Despite the overall positive evaluation of the Cannabis Act in Germany, there are three potential areas of concern: the potential for misuse of the medical system, the normalization of cannabis use, and the influence of the cannabis industry. The German model may herald the beginning of a new generation of European cannabis policies, but concerted efforts will be required to ensure that these policy reforms serve rather than undermine public health goals.

The LANCET Regional Health - Europe, Vol 42 July, 2024

A Framework for Countering Organised Crime: Strategy, Planning, and the Lessons of Irregular Warfare

By David H. Ucko and Thomas A. Marks

Organised crime is not going well. According to the 2021 Global Organized Crime index, ‘the global illicit economy simply continue[s] along the upward trajectory it has followed over the past 20 years, posing an ever-increasing threat to security, development and justice – the pillars of democracy’ (Global Initiative, 2021, p. 8). Wherever governments seek to draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalise on citizens’ desire or despair. As of now, more than three-quarters of the world’s population ‘live in countries with high levels of criminality, and in countries with low resilience to organized crime’ (Global Initiative, 2021, p. 12). On aggregate, the associated activity amounts to an illicit form of governance, furnishing alternative services to a wide range of clients, be they the vulnerable and weak or a covetous elite. The breadth of organised crime, its clandestine nature, and its blending of creative and destructive effects make it difficult to counter. In past SOC ACE research, we argued that the response to organised crime often shares certain pitfalls with counterterrorism, at least since 9/11 (Ucko & Marks, 2022c). Both efforts have been stymied by 1) conceptual uncertainty of the problem at hand; 2) an urge to address the scourge head on (be it violence or crime), without acknowledging its socioeconomic-political context; and, therefore, 3) unquestioned pursuit of strategies that miss the point, whose progress is difficult to measure, and which may even be counterproductive. This convergence is based on the common features of the two phenomena, which are both concerned with i) collective actors, who ii) use violence and coercion among other methods; and who have iii) corrupting, or outright destructive effects on society. Though organised crime is not consciously political in its ideological motivation, it is – like terrorism – deeply political in its origins, activities, and effects. Given the conceptual overlap, and the common pathologies that undermine response, the lessons from countering terrorism are relevant also to the countering of organised crime. Focusing on the concept of ‘irregular warfare’, our past research identified six key lessons, touching upon 1) the socio-political embeddedness of the problem, 2) the tendency to militarise the response, 3) the mirror-imaging of state assistance programmes, 4) the invaluable role of community mobilisation, 5) the dearth of strategy, and 6) the need to engage more closely with questions of political will. As argued elsewhere, these challenges point to a need for greater strategic competence both in assessing the problem of organised crime and in designing a response (Ucko & Marks, 2022c).

To generate this strategic competence, this follow-on report sets out an analytical toolkit to assist planners and policymakers with the crafting of strategy. This ‘Framework of Analysis and Action’ builds upon lessons – negative and positive – learned via years of experience with irregular warfare, defined by the Department of Defense as ‘a violent struggle among state and non-state actors for legitimacy and influence over the relevant population(s)’ (U.S. Department of Defense, 2007, p. 1).1 It is a framework that finds its origins within the U.S. National Defense University’s College of International Security Affairs (CISA), where for two decades it has been used to teach strategic planning for complex and intensely political challenges (Ucko & Marks, 2022a). The framework consists of two parts: the Strategic Estimate of the Situation (which maps the problem, explores its drivers, frames, and methods, and critiques the current response) and the Course of Action (which uses the strategic estimate to design an appropriate strategy, guided by a theory of success). The framework is in this report adapted for organised crime, to enable the mapping of relevant actors and the crafting, thereby, of a viable response. By design, the framework responds to the six key lessons identified in our earlier work. This report goes through the framework and explains its adaptation to organised crime. Appendix A provides a summation of the toolkit, a ‘user’s guide’, that will facilitate application of the framework. Testing to date suggests great potential and we look forward to sustaining a dialogue with those engaged with countering organised crime to further evolve this toolkit. Indeed, since the beginning, this framework has been a living product, enriched by theoretical application in the classroom and practical use in the field.

SOC ACE Research Paper No. 19. Birmingham, UK: University of Birmingham, 2023. 45p.

Breaking the Devil's Pact: The Battle to Free the Teamsters from the Mob

By  James B. Jacobs and Kerry T. Cooperman

In 1988, Manhattan U.S. Attorney Rudy Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most corrupt union in the world. The lawsuit charged that the mafia had operated the IBT as a racketeering enterprise for decades, systematically violating the rights of members and furthering the interests of organized crime. On the eve of trial, the parties settled the case, and twenty years later, the trustees are still on the job.

Breaking the Devil’s Pact is an in-depth study of the U.S. v. IBT, beginning with Giuliani’s lawsuit and the politics surrounding it, and continuing with an incisive analysis of the controversial nature of the ongoing trusteeship. James B. Jacobs and Kerry T. Cooperman address the larger question of the limits of legal reform in the American labor movement and the appropriate level of government involvement.

New York; London: NYU Press, 2011. 320p.

Drug Trafficking Deterrence Signs and Ohio Schools: A Survey of Ohio Principals

By Peter Leasure


Nearly all states, including Ohio, have laws increasing punishments for drug trafficking in or near schools, though there are long-standing concerns for how these laws function. With a novel inquiry of school leaders, the current study explores whether Ohio schools displayed signage that was viewable by the general public stating that drug traffickers could face enhanced penalties if the conduct occurred on or near school premises. The current study also sought to gauge school principal perception about the deterrence effectiveness of such signs and whether enhanced penalty laws should explicitly require that individuals know they are on or near school premises to receive a penalty enhancement. The results of this survey of Ohio school principals suggested that the vast majority of Ohio schools lack any signage seeking to notify individuals of enhanced penalties for drug trafficking or that generally seek to deter drug trafficking. The results also showed that a majority of Ohio principals believed that the Ohio Revised Code should require that individuals know they are on or near a school's premises to receive increased penalties for drug trafficking (e.g., selling drugs) on or near school premises. Policy recommendations informed by the above findings are discussed.

Drug Enforcement and Policy Center. March 2024, 11pg