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John Livingston

Idaho’s War on Fentanyl — Let’s Try Again on HB 406

All one has to do to see the devastation that has been brought by drug use and its impact on the potential of human capital is to go to Pioneer Square in Seattle or go two blocks from Temple Square in Salt Lake City or go to Portland or any of our major cities. The evil of drug addiction has become ubiquitous in our society and has affected almost every family—including my own.

Many on the political “right” especially those that identify as being libertarian or “libertine” have expressed opinions suggesting that the use of drugs—including Schedule One drugs like marijuana (MJH) and fentanyl should be liberalized or at least in the case of (MJH) down scheduled. Some have even opined that the active ingredient in (MJH) tetrahydrocannabinol (THC) is less deleterious than ethanol (ETOH). Those who make such an argument don’t understand the pharmacology and biochemistry of the two drugs.

I have written several earlier articles about this, but I was happy to see an article in last month’s New England Journal of Medicine entitled “Cannabis-Related Disorders and Toxic Effects” (subscription required) details the many physiologic and psychologic pathologies associated with acute and chronic (MJH) use.

Alex Berenson’s book, Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence, has previously documented over 20 years of clinical research that refutes information promulgated from our own National Institutes of Health and Health and Human Services Department—and might I add members of the libertarian and progressive communities in our State. Understanding that our individual liberties are derived from God’s great gift to man (free will) one must begin to understand that any form of addiction is an assault on “free will” and individual sovereignty. If one believes in liberty, then any assault in any form on that liberty—especially when it involves our children must be confronted and destroyed. The liberalization and rescheduling of drugs—(MJH) or opiates like Fentanyl is such an assault.

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Those who participate in the commercial exploitation and assault on such individual liberty need to be prosecuted criminally—those who deal with drugs. Last year it was estimated that almost 100,000 people—the majority young people, died from Fentanyl overdoses. I have been unable to find the number for patients who have harmed themselves or others as the result of acute (THC) psychosis, but if you were to ask any ER doctor who works in a big city, they would tell you that it is very common.

(MJH) use is dangerous in its’ acute setting and long term it has been recognized to impair cognitive function. According to an article written in the 01/22/24 Wall Street Journal by Allysia Finley (MJH) use is more common in young people (18-22) than (ETOH)—less than 2% compared to 6.8—11%. Similarly, in 30-year-olds the same study from the University of Michigan reported 11% daily use of (MJH). This in light of the fact that (MJH) can precipitate acute psychotic reactions in those who have never used it and in those who use it frequently. It can also exacerbate psychotic episodes in those who carry a previous diagnosis of “psychosis. An abstract from the Journal Permante that reviews articles in the Psychological literature explains my position:

“There is strong evidence to suggest that chronic and early cannabis use increases the risk of developing a psychotic disorder, and there is at least moderate evidence that suggests ongoing cannabis use among individuals with a psychotic disorder worsens clinical outcomes (e.g., decreased psychiatric medication adherence, more frequent psychiatric hospitalizations). “

I am a proponent of criminal justice reform. I do not believe in mandatory sentencing of criminals. I do believe in prosecuting and sending to jail those people who are dealing in drugs. There is a fine line between “dealing” and “distributing”. For example, what about a high school kid that habitually gives his friends schedule one drugs like Fentanyl or (MJH) without charging them? Maybe if mommy and daddy are paying for the drugs like what happens at so many well-to-do Idaho High Schools accountability and mitigation could be better directed? Should there be some culpability for them?

A simple law like the proposed Idaho House Bill 406 is not capable of resolving such situations that are nuanced. I am also uncomfortable with a legislative body prescribing a sentence on a citizen who is not even sitting in front of them any more than I am comfortable with overzealous prosecutors. I still believe in the process, and I have to trust judges. If judges aren’t doing their jobs they should be fired or recalled. I do believe we have made progress with “Drug Courts” in our State. Above all we should do everything we can to keep drugs out of the hands of vulnerable people.

We should not down schedule either (MJH) or any of the opiates and their derivatives. I will continue to support law enforcement and our Governor in fighting the ravaging effects of drugs on the people of Idaho—lest we end up looking like Seattle or Portland. WE can do better than House Bill 406.

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