Chapter 10: Policies Regulating Legal Drugs, Part 1: Alcohol and Tobacco
pages 295-330
Notes by Robert Keel

Review Questions

Goals of policies regulating all drugs: 

• Prevent misuse
• Prevent negative health effects (individual and societal)
• Prevent other forms of damage (crime, disorder)

Legal versus illegal drugs:

• Control not typically through CJS
• Control:
  • Access
  • Tax
  • Reduce Damage Done (DWI)
• Overall lack of regulation
  

A Brief History of Tobacco Regulation

• Colonial era: northern colonies restricted consumption: 1638 Plymouth colony--banned smoking on the streets
• 1634: Russia, whipping, castration, slitting of the nose for those who smoked.  Execution for second offense
• 1638: China, decapitation
• By 1909 around 14 states had passed laws banning sales and/or possession.  Some refused to hire smokers (Henry Ford)
• Also laws passed in various states regulating minimum age and other resttrictions
• By late 1930s, cigarettes legal in all states
• Current: tobacco is legal, with certain restrictions: age 18 or 19, use in public places

Bans on Smoking in Public Places

• Response to research on the health consequences of exposure to secondhand smoke
• International (Ireland first in 2004 bans smoking in pubs)
• USA, Arizona first, 1973, to limit smoking in public places
• By June 2003, over 1,600 laws regulating smoking in place (proposed law in Maryland county would ban smoking in private homes)
• Emergence of "Cigar Bars" as public establishments with legal smoking in some states with restrictions.

Issue: Scientific evidence on harm from secondhand smoke?

• 2003 study, 118,094 adults, no causal connection
• Problem of other public health threats (pollution, fatty foods)
• Unintended consequences: litter, noise pollution, loss of revenue, more smoking in places with children
• Issue of businesses not hiring smokers--less productive (yet other risky behaviors not included)

Restrictions on Advertising and Marketing of Tobacco Product

• 1963: Surgeon General's report on health consequences of smoking
• 1971: Congress bans TV advertising--tobacco companies undeterred: billboard, magazines, event sponsors.
• 1970s-1990s: cartoon characters--targeting children
• Smaller packs, selling singles: affordable to children
• 1998: Tobacco Settlement $206 billion over 25 years toi 46 states.  Further restrictions on advertising
• Yet, spending on advertising increased from $6.7 billion to $12.5 billion (1998-2002)
• Distributing free packs at concerts
• Free samples of chewing tobacco
• Other marketing ploys: drink coasters

Taxes on Tobacco Products

• First taxes enacted in 1794, 1880: 31% of all tax dollars (pre income tax)
• By 1969 all 50 states taxing
• 1982 Tax Equity and Fiscal Responsibility Act doubled federal excise tax (appears to have reduced smoking.  SInce then, all states and the federal government have raised taxes
• Inelasticity of demand: lower-income smokers (10% increase in price, 4% decrease in demand)
• Higher prices disproportionately affects lower-income and youth (reduces total number of smokers, not amount smoked)
• By early 2000s, prices skyrocketing: New York City--$7.50 a pack
• Cigarette taxes
• regressive
• Issue of increased health care costs--smokers die early. 
  
• Avoiding payments--border crossing
• Internet sales (loss of $1.5 billion in taxes): easier access for underage smokers
• Organized crime: smuggling

The 1998 Tobacco Settlement and Anti-Smoking Programs

• Funds for programs--issue of clarity of goals
• Most states: funding at half recommend levels
• If successful, reduces state income from settlement
• Money often going to pro-tobacco concerns, investment sin tobacco company stock

International Tobacco Regulation

• US Federal government not active in promoting international regualtion
• Reagan: "freedom from any trouble on his watch."
• Bush: supporting advertising rights of tobacco companies overseas

The Future of Tobacco Regulation

• Excluded from 1906 Pure Food and Drug Act--still not regulated by FDA
• Now one company (Phillip Morris) wants federal regulation in order to support its "safe cigarette."

Alcohol

Temperance Movements and Prohibition in American History

Alcohol Regulation in the Current Era

• State by state and jurisdiction by jurisdiction variety 
• Uneven application
  

Minimum Legal Drinking Age

• Doesn't appear to hav had the "positive" effect attributed to it
  

Regulating Drinking on College Campuses

• Shifts use to off campus
  

Drunk Driving Laws

Critical Examination of Drunk Driving Policies 

The Definition of "Alcohol-Related Traffic Fatalities"

• Any alcohol used by anyone involved
  

The determination of "Impairment" by Law Enforcement Officers

• Field sobriety tests are problematic
  

DUI Laws in the Context of Other Dangerous Driving-Related Behavior

• Cell phone use
• Driving while tired
• Even use of ignition-interlock devices can be a problem

DUI Laws: Conclusions

• Harsh penalties across the board seem ineffective
• Perhaps a "graduated" application (most serious accidents occurr at the .12 BAC level and above)

Conclusions

Questions

1. Based on the research presented, it appears the greatest likelihood of a serious traffic accident occurring is at a BAC of _______ or above.
a. .05
b. .08
c. .10
d. .12

2. Research indicates that which of the following is (are) likely--in some cases as likely as being intoxicate--to increase the probability of a traffic accident?
a. Driving while tired.
b. Driving while using a cell phone
c. USing an ignition-interlock device
d. All of the above

3. Concerning the rgulation of tobacco, which of the following is (are) true?
a. The first laws prohibiting tobacco use were enacted in the 1990s
b. the 1998 Tobacco Settlement has led to a reduction in the advertising of cigarettes and other tobacco products.
c. Increasing the tax on cigarettes has helped reduce the number of people who smoke, but has not been effective in reducing the amount smoked by those who continue.
d. All of the above
 

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