Chapter 4

Drugs and the Law

Significant Drug-Related Laws Pure Food and Drug Act of 1906 Harrison Act of 1914 Marijuana Tax Act of 1937 Food Drug and Cosmetic Act of 1938 Kefauver-Harris Amendments Comprehensive Drug Abuse

Prevention and Control Act of 1970 Anti-Drug Abuse Act

Pure Food and Drug Act of 1906

Before 1906, patent medicine were largely unregulated – the United States was a free marketplace in terms of drugs.

The 1906 law allowed the government to enter the drug marketplace with the intent to regulate what was stated on the drug label.

Drug producers had to indicate what was in their product.

Harrison Act of 1914

Harrison Act passed because of the problems with opiate dependency.

The law governed the marketing and sale of narcotics including regulating nonmedical narcotic use and made possession of narcotics without a prescription illegal.

Marijuana Tax Act of 1937

This Act resulted in forbidding the recreational use of marijuana but did not forbid medicinal or industrial use.

Anyone using marijuana was required to pay a tax and failure to comply meant a large fine or prison term for tax evasion.

Food, Drug, and Cosmetic Act of 1938

Under the 1906 Act a drug manufacturer could not be prosecuted for fatalities from use of a drug they marketed. The 1938 Act closed that loop hole and in addition required pharmaceutical companies to file applications with the federal government documenting that the new drug they wanted to market was safe. However, the law excluded already existing drugs and drugs marketed did not have to be proven effective.

Kefauver-Harris Amendments

In 1962, as a result of the problems with thalidomide the Kefauver-Harris Amendments were passed.

The result was implementation of stronger regulations regarding drug testing and gave the FDA authority to withdraw drugs from the market.

Comprehensive Drug Abuse Prevention and Control Act of 1970

Also known as the “Controlled Substances Act”, this legislation had the effect of repealing, replacing, or updating all previous federal laws dealing with narcotics and dangerous drugs.

“Controlled substances” were divided into five categories called schedules.

Drug Schedules“Controlled substances” were included in on of five schedules based on the potential for abuse, potential for dependence, pharmacological effects, and risk to public health. Also, the drug schedules provided a framework for assessing legal penalties.

Other Legal Issues

Drug Paraphernalia: Laws related to drug paraphernalia (cigarette rolling papers, water pipes, razors) has been passed. The laws are problematic because many household products can be construed as drug paraphernalia, for example, straws to drink beverages can be used to snort cocaine.

War on Drugs: People agree that drug abuse is undesirable but should drug abuse be treated as a criminal or public health problem?

The government’s assault on illicit drugs has resulted in social tension, ill health, violent crime, compromised civil liberties, and international conflict.

Legalization of Drugs

Arguments for legalization of drugs have compelling premises. If drugs were “legal” or decriminalized would that reduce drug use? Or if even if drugs were “legal” there would always be a black market.

Drug Enforcement

Drug Enforcement, especially the efforts of the Drug Enforcement Agency (DEA) are comprehensive

Interdiction is difficult because of numerous points of entry

Only about 10-15% of all the drugs entering the United States are seized

Drug Prevention

Preventing use of drugs may be a better investment that drug enforcement.

Harm reduction is gaining favor as an approach to preventing drug abuse.

Harm reduction involves reducing the risk of drug abuse by providing sterile syringes to people who inject drugs.

Many moral and ethical issues surround harm reduction.

Normalization where by users of soft drugs such as marijuana are not prosecuted may be another option for dealing with drug abuse.

Racism and Drug Enforcement

The “War on Drugs” is marred by racial overtones. For example, Blacks comprise less than 15% of the population but comprise 32% of those arrested for drugs.

There are disparities in drug sentencing depending on race and even type of drug involved in the offense

Mandatory Minimum Drug Sentencing

In the mid-1980s the U.S. Congress enacted some mandatory minimum penalties focused on drugs and violent crimes.

Mandatory minimums reflects a zero-tolerance for drugs and with no exceptions sends the message that regardless of the context there will be minimum sentencing involved with drug offenses

For example, federal law requires an individual convicted of possessing ½ kg or more of cocaine be sentenced to a prison term of at least 5 years.

By imposing mandatory sentences drug dealers occur more risk

Summary

During the American Colonial period, the first drug to be regulated was alcohol

The temperance movement took shape in the late 1700s

In the early 1800s there was a movement to restrict opium

One of the first nationwide drug laws was the Pure Food and Drug Act of 1906

The Harrison Narcotic Act in 1914 restricted the use of narcotics

Congress passed the Marijuana Tax Act in 1937; the law imposed a tax on prescribing,growing and selling marijuana

The Comprehensive Drug Abuse Prevention and Control Act in 1970 resulted in the creation of drug schedules. The primary target was the drug dealer

To discourage individuals from using drugs the Anti-Drug Abuse Act was passed in 1988

The cost of drug enforcement is enormous

Because of the man points of entry stopping drugs from crossing the border is not easy