Drugs, The Law, and The Future

(See: Drugs in American Society, 5th, 6th, 7th, 8th, and 9th editions, Erich Goode, McGraw-Hill, 1999/2005/2008/2012/2014. Chapters 14/16)

WWW Links:

World Drug Report

Federal Legislation of the 20th Century

1906 Pure Food and Drug Act Regulates food production,"The Jungle," clamps down on misrepresentation, institutes content labeling, decline of "patent medicines," Beginning of government regulation
1912 Sherly Amendment Focus on effectiveness
1914 Harrison Narcotics Act Regulates Production, Importation, Distribution, and Use of Opiates.   Department od treasury: Narcotics Division established
1922 Narcotic Drug Import and Export Act (Jones -Miller Act) Intended to eliminate use of narcotics except for legitimate medicinal use.   Establishes: Federal Narcotics Control Board (Still Treasury Department)
1924 Heroin Act Makes it illegal to manufacture heroin
1929 Focus shift to curing addiction (Linder Case 1925) Federal Hospitals in Lexington and Fort Worth for Narcotic Addiction
1930 Issue of Corruption in Narcotics Board Bureau of Narcotics (Harry Anslinger)
1937 Marijuana Tax Act Applies controls over marijuana similar to narcotics
1938 Food, Drug and Cosmetic Act FDA given control over drug safety, Drugs redefined:effect body even in absence of disease, Establishes class of drugs available by Prescription (Company determines status)
1942 Opium Poppy Control Act Prohibits growing poppy w/o license
1951 Durham-Humphrey Amendment Established more specific guidelines for prescription drugs: habit forming, safety, and evaluation of new drugs
1951 Boggs Amendment to the Harrison Narcotic Act Mandatory sentences for narcotic violations
1956 Narcotics Control Act Intends to impose even more severe penalties for narcotics violations
1965 Drug Abuse Control Amendments (DACA) Strict controls over amphetamines, barbiturates, LSD, etc. (Bureau of Narcotics and dangerous Drugs)
1966 Narcotic Addict Rehabilitation Act (NARA) Allows treatment as an alternative to jail
1968 DACA Amendments Provides that sentence may be suspended and record expunged if no further violations within 1 year
1970 Comprehensive Drug Abuse and Control Act Replaces and updates all previous laws concerning narcotics and other dangerous drugs. Emphasis on law enforcement.
1972 Drug Abuse Office and Treatment Act Establishes federally funded programs for prevention and treatment
1973 Methadone Control Act Regulates methadone licensing
1973 Heroin Trafficking Act Increases penalties for distribution
1973 Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) Consolidates NIMH, NIDA, and NIAAA under umbrella organization
1973 Drug Enforcement Administration (DEA) Remodels Bureau of Narcotics and Dangerous Drugs into DEA
1974 and 1978 Drug Abuse Treatment and Control Amendments Extends 1972 act
1978 Alcohol and Drug Abuse Education Amendments Sets up education programs within Department of Education
1980 Drug Abuse Prevention, Treatment, and Rehabilitation Amendments Extends prevention education and treatment programs
1984 Drug Offenders Act Sets up special programs for offenders and organizes treatment
1986 Analogue (Designer Drug) Act Makes use of substances with similar effects and structure to existing illicit drug illegal
1988 Anti-Drug Abuse Act Establishes oversight office: National Drug Control Policy
1992 ADAMHA Reorganization Transfers NIDA, NIMH, and NIAAA to NIH and incorporates ADAMHA's programs into the Substance Abuse and Mental Health Services Administration (SAMHSA)

another version

Legal Issues Today

Fiscal Year

Total

Criminal Justice System

Interdiction/ International/ Intelligence

Education/ Community/ Workplace

Drug Treatment

Inflation - Adjusted Dollars in Millions (base year = 1998)

1981

2,747.0

745.3

788.3

292.1

921.3

1982

2,903.4

802.8

965.2

281.4

854.0

1983

3,268.4

1,084.9

960.0

324.9

898.6

1984

3,707.3

1,157.0

1,307.8

329.1

913.4

1985

4,167.1

1,414.6

1,442.0

363.3

947.2

1986

4,284.8

1,597.4

1,379.1

362.9

945.4

1987

6,876.3

2,503.4

2,322.5

863.6

1,186.8

1988

6,486.7

2,745.5

1,668.0

877.0

1,196.7

1989

8,759.5

3,629.9

2,363.6

1,256.7

1,509.3

1990

12,170.7

5,284.7

2,889.5

1,952.6

2,043.9

1991

13,113.7

5,248.6

3,309.5

2,308.9

2,246.7

1992

13,837.2

5,742.8

3,159.2

2,373.8

2,561.4

1993

13,729.3

6,421.2

2,450.8

2,317.6

2,539.9

1994

13,401.2

6,492.6

1,941.2

2,329.2

2,638.3

1995

14,172.9

7,226.9

1,819.2

2,247.4

2,879.2

1996

13,977.0

7,443.5

1,792.4

2,088.2

2,653.1

1997

15,267.4

7,804.1

2,329.9

2,334.3

2,799.1

1998

16,097.3

8,254.2

2,363.5

2,659.7

2,819.9

Dollars in Millions (unadjusted for inflation)

1981

1,531.9

415.6

439.6

162.9

513.8

1982

1,718.9

475.3

571.4

166.6

505.6

1983

1,997.1

662.9

586.6

198.5

549.1

1984

2,363.1

737.5

833.6

209.8

582.2

1985

2,750.8

933.8

951.9

239.8

625.3

1986

2,881.1

1,074.1

927.3

244.0

635.7

1987

4,792.3

1,744.7

1,618.6

601.9

827.1

1988

4,707.8

1,992.6

1,210.2

636.5

868.5

1989

6,663.7

2,761.4

1,798.1

956.0

1,148.2

1990

9,758.9

4,237.5

2,316.9

1,565.7

1,638.9

1991

10,957.6

4,385.6

2,765.4

1,929.3

1,877.3

1992

11,910.1

4,943.0

2,719.2

2,043.2

2204.7

1993

12,171.1

5,692.4

2,172.6

2,054.6

2,251.6

1994

12,184.4

5,903.2

1,764.9

2,117.7

2,398.7

1995

13,251.2

6,756.9

1,700.9

2,101.3

2,692.0

1996

13,454.0

7,164.9

1,725.3

2,010.0

2,553.8

1997

15,033.2

7,684.4

2,294.2

2,298.5

2,756.2

1998

16,097.3

8,254.2

2,363.5

2,659.7

2,819.9

2005 Federal Anti-Drug Budget (executive summary)

2007 Federal Anti-Drug Budget (executive summary)

FY 2009 Federal Anti-Drug Budget (executive summary)

2009--Change? (local copy)

Budget for 2010

Budget for 2013 (local copy)

Budget for 2014 (local copy)

Budget for FY 2015 (local copy)

Budget for FY 2017

Budget for FY 2018

National Drug Control Strategy for 2010 (critique (local copy))

National Drug Control Strategy for 2012 (critique (local copy))

National Drug Control Strategy for 2014 (local copy)

Drug Busts and Drug Control Budgets 1970-2012

Punitive Strategies: Prohibition

Source Control

Domestic Control

(Drug bust, illegal ship)

Increase Penalties

(Source: FBI, The Uniform Crime Reports (UCR) and http://www.bjs.gov/content/dcf/enforce.cfm)

Does Prohibition Work?

Legalization

Decriminalization

Maintenance/Prescription Drug Model

Legalization/Decriminalization Arguments

see also: Between Politics and Reason- The Drug Legalization Debate, Erich Goode, 1997.

European Model: Harm Reduction

Recent research from CEDRO

The origins and future of the Dutch approach towards drugs
by Justus Uitermark

This paper considers the roots of the Dutch approach towards drugs. It argues that the idiosyncratic nature of Dutch drug policies can be explained by taking into account the peculiar evolution of the Netherlands ’ political institutions. The distinctive character of Dutch policies is explained through the concept of gedogen. Gedogen refers to the practice of discriminatory enforcement. Gedogen can be defined as a regulatory system of organized toleration and targeted repression. Only those illegalities that are actually considered to cause social problems are targeted for repression. As such, the policy differs markedly from orthodox prohibitionist policy approaches. Policies towards ecstasy and cannabis are discussed to illustrate how gedogen works in practice. While it is argued that gedogen has functioned well for a number of years, doubts are expressed about the extent to which the Netherlands can be expected to continue to play the role of pioneer with respect to drug policies. After a revival of conservative politics, the country now seems ill equipped to develop alternative drug policies.

<http://www.cedro-uva.org/lib/uitermark.origins.html>

Decriminalize Marijuana?

Heroin and Cocaine: Special Problems?

Practical Issues of Legalization

(from Goode, 2005, page 442)

Drugs are a Part of Life

The solution to the "drug problem" is not "drug free."

  1. Controlled use
  2. Reduction of risk and harm reduction: Treatment and beyond (Drug Policy Alliance)
  3. Economic and social stability: Demarginalization

Reasonable suggestions?

Quit Dreaming of a Drug Free America!

2016: Facing Addiction in America: The Surgeon General's Report on Alcohol, Drugs, and Health. Chapter 7: Vision for the Future: A Public Health Approach. US Department of Health and Human Services (local copy)

What do YOU think?

URL: http://www.umsl.edu/~keelr/180/law.html
Owner: Robert O. Keel rok@umsl.edu
References and Credits for this Page of Notes
Last Updated: Friday, April 2, 2021 11:43 AM