Annals of Health Law
STRATEGY AGAINST SMOKING
two-prong approach, concentrating on detection through biochemical tests
on the one side and on controlling the sales and distribution of tobacco on
the other. In addition, criminal liability shall serve as a deterrent.
a. Biochemical Tests
At present, there are several biochemical mechanisms available to verify
tobacco use. For the purposes of the suggested model the ideal measure
would be non-invasive and would be accurate, precise, rapid, efficient, easy
to use, and cheap. This article will identify the best verification mechanism
by first comparing the main biomarkers. Next, this article will select the
preferred biological specimen and the corresponding form of testing.
179. Cf. Don D. Gilbert, Chemical Analyses as Validators in Smoking Cessation
Programs, 16 J. BEH. MED. 295 passim (1993); Soc’y for Research on Nicotine & Tobacco
Subcommittee on Biochemical Verification, Biochemical Verification of Tobacco Use and
Cessation, 4 NICOTINE & TOBACCO RES. 149, 149-50 (2002).
180. Riley A. Davis & Margareta Curvall, Determination of Nicotine and its Metabolites
in Biological Fluids In Vivo Studies, in ANALYTICAL DETERMINATION OF NICOTINE AND
RELATED COMPOUNDS AND THEIR METABOLITES 583 passim (John W. Gorrod & Peyton
Jacob III eds., 1999).
181. See SRNT Subcommittee on Biochemical Verification, Biochemical Verfication of
Tobacco Use and Cessation, 4 NICOTINE & TOBACCO RES. 149, 149 (2002).
182. Half-life is the period of time required for half the quantity of a substance deposited
in a living organism to be metabolized or eliminated by normal biological processes.
183. Don D. Gilbert, Chemical Analyses as Validators in Smoking Cessation Programs,
16 J. BEHAVIORAL MED. 295, 298 (1993); Jason Luty, Nicotine Addiction and Smoking
Cessation Treatments, 8 ADVANCES IN PSYCHIATRIC TREATMENT 42, 43 (2002).
184. SRNT, supra note 181, at 149-50.
185. SRNT, supra note 181, at 150.
186. SRNT, supra note 181, at 152 (2002). Peter Jatlow et al., assume that the detection
period is only about six to nine hours. Peter Jatlow et al., Comparison of Expired Carbon
Monoxide and Plasma Cotinine as Markers of Cigarette Abstinence, 98 DRUG AND ALCOHOL
DEPENDENCE 203, 203 (2008).