Pubdate: Thu, 15 Aug 2013
Source: Anchorage Press (AK)
Copyright: 2013 Anchorage Publishing, Inc.
Contact:  http://www.anchoragepress.com/
Details: http://www.mapinc.org/media/3078
Author: Thomas R. Wilson

NAPOLEONIC LAW AND MANDATORY DRUG TESTING

My "back doctor" appointment went south. I had planned to praise the 
previously prescribed physical therapy, which had erased my back pain 
brought on by the onset of arthritis in my knee. I also intended to 
give away an extra unused prescription so that my doctor could give 
it to an indigent patient in need. In spite of my injury having 
occurred on my own time at home and not at work or in an automobile 
"accident," my insurance provided excellent coverage for my treatment 
and prescribed medications.

To see the doctor that day, I was required by their insurance to sign 
a release. This form would allow the random drug testing of me, a 
retired man who worked his 60,000-plus hours honorably and who has 
never been arrested or accused fairly by anyone. It required me to 
yield my right to a search based upon a warrant sworn out by a 
complainant, who I could compel to cross examination, possibly 
discovering perjury (lies) before a duly appointed court of law, 
where I could be judged by a jury of my peers. A court where 
otherwise I could not be compelled to be a witness against myself.

But how do I cross examine a policy, one that accuses me of dozens of 
crimes but suffers no consequence if any or all are false. The phrase 
"thou shalt not bear false witness" springs to mind as an ethic. How 
does this testing help deliver health care to anyone? Would the 
automatic punishment for being found "guilty" of having "abused" a 
drug be the denial of all medication? Is future agony a proper recompense?

There are many forms of law in this world and most are intended to be 
both wise and just. After the founding of this nation we decided on a 
fairly new and moderately complicated form of deciding matters of 
civil and criminal law. Our law is not supposed give any credence to 
religious dogma masquerading as secular law. Our law presumes 
innocence until guilt is proven. In contrast, Napoleonic Law is 
opposite: "They would not have arrested you if you were not guilty," 
and you must prove your innocence. This is not better or worse, it is 
simply different. Now, however, the Drug Enforcement Administration, 
through its promotion of "universal drug testing" and with the 
collusion of the insurance industry, have established Napoleonic Law 
as fact and thrown out important established rights and protections.

Drug testing is such a wonderful thing. It can decide if an 
individual is qualified for a job (regardless of their valid 
credentials), whether they have done a good job (again regardless of 
what their boss or supervisor has to say) and, of course, it is an 
absolute determinant of guilt in a car "accident" (unless all parties 
involved are high on various dopes).

These laws are simply weapons of repression and suppression. They are 
counter productive because they create and stimulate the very markets 
for these drugs used for otherwise natural and normal human activity. 
There are no societies that do not have some means for an escape from 
everyday reality. The drugs and rituals vary, but the need and the 
ends remain the same. Outlawing human nature and gifts from the 
natural world is a fools errand and our nation has paid a cruel price 
in ruined hopes, dreams and lives of millions of people.

The final irony, the catch 22, was that in signing the document I had 
to lie, stating that the doctor had explained this policy to me and 
answered all my questions. Just because these tests follow scientific 
methodology does not forgive their use as America's answer to the 
Spanish Inquisition. Really a religious test. Oh brave new world that 
has such agencies and corporations running it.

P.S. And yes, I did want to get some more pain pills for fear of 
future back attacks.

Thomas R. Wilson, Anchorage
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MAP posted-by: Jay Bergstrom