THE CONTROL OF ILLICIT DRUGS IN THE UNITED STATES
Why are some drug substances prohibited or controlled in the United States while others are taken freely? The reasons are complex and have to do with how people perceive the notion of the public interest. In addition, questions of morality, personal choice, social order, and health are part of the debate. Over time, the issue of drug control has been complicated by the emergence of facts and fallacies about certain drugs. What is clear is that historically our drug control laws and regulations have been disjointed and uncoordinated and have resulted from society’s responses to various social crises throughout our history. Prior to the beginning of the twentieth century, there was little in the way of drug control in the United States. This changed with the passage of two Federal laws, one in 1906 and the other in 1914. In part, these were due to public reaction to opium smoking among Chinese immigrants, the rise of cocaine use and increased activity by purveyors of patent medicines. The result, in 1906, was the passage of the Pure Food and Drugs Act, which prohibited interstate commerce in mislabeled or adulterated food or drugs. Among the substances targeted by the law were marihuana, cocaine, heroin, and opium. This act was administered by the Department of Agriculture. In 1914, Congress passed the Harrison Act, which is properly known as “An act to provide for the registration of, with col lectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes.” This law was enforced and administered by the Bureau of Internal Revenue in the Treasury Department. It gave the Federal Government broad control over cocaine and narcotics traffic in the United States. At the time the Harrison Act was passed, the climate in the country seemed to favor continuing to supply addicts with their needed drugs, while simultaneously closing down dealers and purveyors of the illegal drugs. This was the way that the Act was enforced early on. Later, in the late 1920s, the mood shifted and it was felt that drug addicts could be easily cured if their drugs were taken away. This resulted in a crackdown on physicians who had been heretofore legally supplying addicts with drugs. Slowly the view was changing from drug abuse being a medical problem to a law enforcement problem. In 1930, Congress formed the Bureau of Narcotics within the Treasury Depart ment. The Bureau stepped up law enforcement against illicit drugs, particularly narcotics and cocaine and marihuana. At this time, anyone who wanted to buy or import or sell any of these drugs had to register and pay a tax. Because marihuana was included, it was labeled a narcotic in all relevant Federal laws, a label that stuck until the early 1970s. After World War II, testimony before Congress indicated that half of all crime in cities in the United States was related to illegal drug use. This led, in 1956, to the Narcotic Drug Control Act, which called for the increased penalties for illicit use of these drugs. Stiff jail sentences went to all but first-time offenders and anyone who sold drugs to a minor faced the death penalty. This law also had another
important feature. If a new drug came into the marketplace that had a potential for abuse, a recommendation to control it could be made by the Food and Drug Admin istration to the Secretary of Health, Education, and Welfare. Drugs such as amphetamines, barbiturates, and d-lysergic acid diethyl amide (LSD) were brought under control during this time. Rather than labeling them narcotics, they were referred to in the law as “dangerous drugs.” The Bureau of Narcotics was changed to the Bureau of Narcotics and Dangerous Drugs and they became the chief enforcers of the new laws. In 1970, the Congress passed the Comprehensive Controlled Substances Act of 1970. This comprehensive law repealed or updated all previous laws that controlled both narcotics and dangerous drugs. This law put all controlled substances in the federal realm. This meant that the Federal Government could prosecute anyone for a drug offence regardless of whether interstate trafficking was involved and irrespective of state laws. This new law resulted in a number of major changes in drug enforcement in the United States:
1. Control of drugs became a direct law enforcement activity, rather than through registration and taxation.
2. Enforcement was moved from the Treasury Department to the Justice Depart ment and the Bureau of Narcotics and Dangerous Drugs became the Drug Enforcement Administration (DEA).
3. The decision on which drugs should be controlled rests with the Secretary of Health and Human Services, which delegates to the Food and Drug Administration (FDA) the determination of which drugs should be controlled. In making decisions about whether a drug should be controlled, the FDA evaluates such factors as: pharmacological effects, ability to induce psychological dependence or physical addiction, and whether there is any legitimate medical use for the substance (as defined and recognized by the FDA).
Under this law, tobacco and alcohol products are excluded. Controlled drugs are put into five schedules. See Table 13.1 for a summary of the schedules and the drugs that are found in each one. More comprehensive information about the federal sched ules can be found on the DEA website at: http://www.dea.gov/concern/abuse/chap1/ contents.htm. The penalties for the use, manufacture, and sale of Controlled Substances are linked to its Schedule. The drugs in Schedules 1 and 2 carry higher penalties for pos session, manufacture, and sale than do drugs in the higher numbered schedules. Table 13.2 summarizes the penalties for the five drug schedules. Notice that Table 13.2 does not include marihuana. This plant has had an interesting and colorful history in the United States and has been treated in different ways over the years by the Federal and many state governments. As a result, sanctions for possession, manufacture (growing), and sale are subject to a different scheme than the other Controlled Substances. This is set out in Table 13.3.
The Comprehensive Controlled Substances Act of 1970 remains the law of the land today. The only major changes in the law have been an increase in the number of controlled substances and changes in penalties associated with possession and distribution of the drugs. In addition, the DEA developed and recommends a model state law entitled the Uniform Controlled Substances Act. Most states have adopted this as a frame work to replace their existing drug laws. Under this Act, states use the same scheduling system for controlling illicit drugs. Some states have added schedules, changed the specific drugs within a schedule, or have changed penalties for possession or distribution of drugs, but the basic framework remains the same as for the Federal laws.
