User:Kwood33/Federal drug policy of the United States

History

See also: History of United States drug prohibition

During the 19th century, drugs were not regulated by the government, and all drugs could be freely purchased by consumers. Local laws began prohibiting certain types of drugs in 1875. The first federal restriction on drugs was passed in 1909, banning the importation of opium. The Harrison Narcotics Tax Act was passed in 1914 to regulate the sale of narcotics in compliance with the International Opium Convention. This regulation effectively criminalized opium, morphine, heroin, and cocaine in the United States outside of specific medical use. The Harrison Act was strengthened in 1922 to increase the maximum penalty from five years in prison to ten years. In regard to consumer drugs, the Pure Food and Drug Act of 1906 required that drug products be accurately labeled with their active ingredients.

From 1920 to 1933, the Constitution of the United States banned alcohol as part of the Prohibition. The Eighteenth Amendment was ratified in 1919, prohibiting the manufacture, sale, or transportation of alcohol within the United States. Prohibition was ended when the Twenty-first Amendment to the United States Constitution was ratified on December 5, 1933.

In the 1970s, the United States shifted its drug policy to the war on drugs. The Comprehensive Drug Abuse Prevention and Control Act of 1970 established a new framework for drug regulation and defined five schedules of controlled substances. Since then, many additional laws have been passed to regulate drugs. The Drug Enforcement Administration was created in 1973. The "Just Say No" campaign was started by first lady, Nancy Reagan in 1984. The campaign intended to educate the general population on the risks associated with drug use. the The Anti-Drug Abuse Acts of 1986 and 1988 increased penalties and established mandatory sentencing for drug violations. The Office of National Drug Control Policy was created in 1989. Although these additional laws increased drug-related arrest throughout the country, they also incarcerated more people of color than whites.

In the next two decades, forty of the fifty states enacted legislation that reduced the punishment and sentencing for drug offenses. In 2010, the Fair Sentencing Act was passed. This legislation specified the punishment endured by crack cocaine and powder cocaine users. In 2020, Oregon passed the Ballot Measure 110 which decriminalized possession of any drug in small quantities. This drug liberalization policy was the first of its kind the in United States and served as an experiment of sorts. Oregon had intended to reduce drug use and overdose with this new policy, however it has seemed to do nothing of the sort. Just two years after implementation, Oregon had one of the highest percentages of adults with substance-abuse disorder in the United States.

Enforcement

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The Food and Drug Administration is responsible for regulating consumer and prescription drugs. The Drug Enforcement Administration is responsible for enforcing the Controlled Substances Act. Under the Controlled Substances Act, illicit drugs are classified under five Schedules, with Schedule I being the most severe. A drug's classification is determined by weighing its potential medical uses against its potential for abuse. The scheduling for the Controlled Substance Act can be changed by Congress or the DEA. The most common way for the scheduling of a substance to be changed is through legislation done by Congress. A substance can be changed to be placed in the control section, be removed from the control section, or have its classification changed. Enforcement of American drug policy has been criticized as disproportionately targeting racial minorities.

Definitions of each schedule is as follows, Schedule I: High potential of abuse and are not acceptable for medical purposes. Schedule II: High potential of abuse but are acceptable for medical purposes. The abuse may lead to severe physical and mental dependence. Schedule III: Less abusive than schedules I and II and is acceptable for medical purposes. The abuse may lead to moderate physical and mental dependence. Schedule IV: Low potential compared to schedule III of abuse and acceptable for medical purposes. The abuse may lead to limited physical and mental dependence. Schedule V: Low potential of abuse compared to schedule IV and acceptable for medical purposes. The abuse may lead to limited physical and mental dependence. As well as defining each drug through the five different schedules, the Controlled Substance Act also analogues and lists chemicals. A substance under the analogue has not been approved by the FDA and is not under one of the five schedules but does chemical similarities to drugs in schedules I and II or has a similar effect as drugs listed in schedules I or II. If a substance is a list chemical, it means that the substance should not be consumed by humans but can be used for the creation of controlled substances. These chemicals can be divided into two lists that separate them based on their use and importance. The Foreign Narcotics Kingpin Designation Act authorizes sanctions against individuals involved with international narcotics trafficking. The United States Anti-Doping Agency is responsible for enforcing American anti-doping laws.

Thus far, strict enforcement of drugs has led to death tolls surpassing 100,000 a year. Today, there exists a bipartisan agreement that change is needed. This new school of thought involves prevention measures and safe access to supplies, like needles. Many states have even passed legislation decriminalizing fentanyl testing strips. Although support isn't universal, this less-harsh approach to drug enforcement is a hopeful attempt to reduce drug related deaths in the United States.

Drugs

Cannabis

Further information: Legal history of cannabis in the United States

Cannabis, which is more widely referred to as marijuana, is a hallucinogen drug that also acts as a depressant, and has some medical use in the United States. The Marihuana Tax Act of 1937 was the first federal law to regulate cannabis, effectively criminalizing it in most cases. The act was ruled unconstitutional by the Supreme Court in Leary v. United States in 1969. In 1970, cannabis was classified as a Schedule I drug. Although many states have decriminalized and legalized cannabis, possession, sale, and use of cannabis remains a federal crime.

Bibliography

• Lopez, German (2023-05-04). "America's New Drug Policy". The New York Times. ISSN 0362-4331. Retrieved 2023-08-27.
  • This article was published by the New York Times, so it is a reliable source. It covers new happening in drug policy in the United States.
• "War on Drugs - Timeline in America, Definition & Facts". HISTORY. 2019-12-17. Retrieved 2023-08-27.
  • This article was published by History, which is a reliable source. It timelines drug policy in the United States.
• Hinch, Jim (2023-07-19). "What Happened When Oregon Decriminalized Hard Drugs". The Atlantic. Retrieved 2023-08-27.
  • This article outlines the 2020 Oregon drug policy and the affects of drug decriminalization.
• "Federal Laws and Penalties". NORML. Retrieved 2023-08-27.
  • This source provides an updated account of federal Cannabis laws in the United States.