Drugs and the Law

1
Drugs and the Law

• Jane Elphingstone, Ed.D.
• Professor, Department of Health Sciences
• University of Central Arkansas

2
Objectives

• Identify and describe significant drug laws in
  American history.
• Compare the pros and cons between supply
  reduction (interdiction) and demand reduction.
• Note the national funding allocation for
  prevention, treatment and interdiction.

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Why drug laws?

• Moral reasons
• Some people just cant help themselves.
• Its criminal to help people get hooked on
  drugs.
• We have to protect society from the drug
  abuser.
• Financial reasons way to collect money legally
• If drug dealers can make a lot of money, why
  dont we let the government make the money
  instead.
• At least, the government can control the drugs
  that are being used.
• Both

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Before 1900s

• Civil war use of morphine for soldiers and the
  hypodermic syringe
• the soldiers disease
• Outlawing of opium smoking and opium dens
• Targeted Chinese immigrants
• Temperance Movement and Alcohol
• First compulsory Temperance Education enacted in
  1882.

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1900s

• 1906 Pure Food and Drug Act
• 1914 Harrison Tax Act
• 1938 Food Drug and Cosmetic Act
• 1962 Kefauver-Harris Amendment
• 1965 Drug Abuse Control Amendment
• 1970 Comprehensive Drug Abuse and Control Act
• 1986 Drug Analogue and Anti Drug Abuse Act
• 1988 Omnibus Drug Act
• 1996 Comprehensive Methamphetamine
  Control Act

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1906 Pure Food and Drug Act

• Food and Drug Administration formed
• Prohibited interstate commerce in misbranded and
  adulterated foods, drinks and drugs.
• Major effect on patent medicine industry
• Administered by the Department of Agriculture

7
1914 Harrison Tax Act

• Act in response to Hague Convention (calling for
  international regulation of opium)
• Physicians, dentists, and veterinary surgeons had
  to register annually, pay a small fee, and use
  special order forms by IRS.
• Administered by Department of Treasury

8
1938 Food Drug and Cosmetic Act

• Drugs must now be safe.
• Drugs or cosmetics had to be tested for toxicity
  before marketing
• FDA given authority to approve NDAs
• Adequate directions for use
• Defined prescription and over-the-counter
  medications

9
1962 Kefauver-Harris Amendments

• Drugs must be effective for what they were
  intended.
• Companies must submit plans for and seek approval
  for any testing on humans before conducting
  trials.
• Advertisements must contain a summary of adverse
  reactions

10
1965 Drug Abuse Control Amendment

• Added drugs of amphetamines and barbiturates and
  LSD to same type of controls as narcotics.
• Drug users profile changed from members of the
  underprivileged and criminal classes to large
  numbers of young people from middle to upper
  classes.

11
1970 Comprehensive Drug Abuse and Control Act

• Replaced and updated all previous laws concerning
  narcotics and other dangerous drugs
• Scheduled drugs based on
• abuse potential
• medical use
• and risk for physical and/or psychological
  dependence.
• Drugs were now under Federal jurisdiction

12
1986 Drug Analogue and Anti-Drug Abuse Act

• A solution to recreational drug use was to punish
  the casual user
• Mandatory minimum sentences on type and quantity
  of drug used
• Affects designer drugs
• Increases penalties for trafficking designer
  drugs.

13
1988 Omnibus Drug ActSecond Anti-Drug Abuse
Act

• Established Office of National Drug Control
  Policy
• Administered by Drug Czar
• Revised 1970 Controlled Substances Act
• Funded treatment and education programs
• Toughened penalties for drug users
• Allowed death penalty for anyone murdered during
  a drug felony
• Affects federal benefits or public housing for
  anyone involved in drug related activity.

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Second Anti-Drug Abuse Act (1988)

• Surgeon Generals warning on Alcohol
• BAC for DUI 0.10 0.08
• Licensure forfeiture for DUI
• No use of term recreational use
• Increased ability to seize assets of convicted
  drug distributors
• Death penalty for drug traffickers lengthened
  sentences

15
1996 Comprehensive Methamphetamine Control Act

• Restricts access to chemicals and equipment used
  in the manufacture of methamphetamines
• Increases penalties for possession as well as
  manufacture and/or sale of the drug.

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2000s

• Tobacco Settlements
• Continued efforts funded for
• Prevention (Stopping Use before it starts)
• Treatment (Healing Americas Drug Users)
• Law enforcement (Disrupting the Market)

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Two Approaches

• Supply Reduction or Interdiction Law
  enforcement
• Demand Reduction Education and Treatment

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Supply Reduction or Interdiction

• Focuses on the environment to reduce the supply
  of drugs that are available for use.
• illicit cultivation, production, manufacture,
  sale, demand, trafficking, and distribution of
  psychoactive drugs.

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Supply Reduction Examples

• Encouraging those who cultivate illicit crops
  such as opium poppy or coca plant to switch to
  other profitable crops and alternative sources of
  income.
• Alternative development projects
• Community development
• Natural resource management
• Income-generating projects

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Other Supply Reduction Examples

• Broaden regional cooperation governments in
  response to cross border trafficking
• Strengthen border controls by providing modern
  equipment
• Develop training in best practice law
  enforcement procedures

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Demand Reduction

• Focuses on the individual to reduce the need for
  a drug.

22
Demand Reduction

• Prevent the onset of drug use
• help disadvantaged groups to avoid high-risk
  behavior and settings
• Help drug users break the habit
• easier access to early intervention and services.
  
• Provide treatment through rehabilitation and
  social reintegration.
• Job training and referral,
• assistance in finding housing and reintegrating
  into society
• alternative treatment in order to break the cycle
  of drug abuse and crime.

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Summary

• Major Drug Laws
• An historical perspective
• Impact on drug use and abuse
• Drug Laws are tied to historical events.
• Drug Laws reflected societal norms.
• Drug Laws were developed for moral and financial
  reasons.
• Supply Reduction (Interdiction) and demand
  reduction