Federal drug policy of the United States

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Detroit police enforcing the prohibition on alcohol Detroit police inspecting equipment found in a clandestine underground brewery during the prohibition era - NARA - 541928.jpg
Detroit police enforcing the prohibition on alcohol

The drug policy in the United States is the activity of the federal government relating to the regulation of drugs. Starting in the early 1900s, the United States government began enforcing drug policies. These policies criminalized drugs such as opium, morphine, heroin, and cocaine outside of medical use. The drug policies put into place are enforced by the Food and Drug Administration and the Drug Enforcement Administration. Classification of Drugs are defined and enforced using the Controlled Substance Act, which lists different drugs into their respective substances based on its potential of abuse and potential for medical use. Four different categories of drugs are Alcohol, Cannabis, Opioids, and Stimulants.

Contents

History

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. [1] 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. [2]

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. [3] 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 African Americans than whites. [3]

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. [3] 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. [4]

Enforcement

Controlled Substance Act Scheduling Criteria CRS Controlled Substance Act Schedules.png
Controlled Substance Act Scheduling Criteria

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. [5] 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. [6] Enforcement of American drug policy has been criticized as disproportionately targeting racial minorities. [7]

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. [8] 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. [6] The Foreign Narcotics Kingpin Designation Act authorizes sanctions against individuals involved with international narcotics trafficking. [9] The United States Anti-Doping Agency is responsible for enforcing American anti-doping laws.

As of 2023, there are over 100,000 yearly deaths from drug overdoses in the United States. [10] 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. [10]

Drugs

Alcohol

Alcohol is a depressant drug that gives individuals quick moments of high energy which inevitably results in the body’s vital functions slowing down. [11] Alcohol is currently legal to purchase and consume in the United States. Federal law defines an alcoholic beverage as any beverage that contains 0.05% or more of alcohol, and federal law prohibits driving with a blood alcohol content of 0.08% or higher. [12] Manufacture and sale of alcohol was illegal in the United States during the Prohibition between 1920 and 1933. Following the ratification of the Twenty-first Amendment in 1933, federal prohibition was repealed and state governments were permitted to regulate alcohol independently. [2] The National Minimum Drinking Age Act requires all states to enforce a legal drinking age of 21 in order to receive full highway funding. Alcohol laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Alcohol and Tobacco Tax and Trade Bureau.

Cannabis

Cannabis, which is more widely referred to as marijuana, is a psychoactive drug that also acts as a depressant, and has some medical use in the United States. [11] 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. [13] Although many states have decriminalized and legalized cannabis, possession, sale, and use of cannabis remains a federal crime. [14]

Opioids

Opioids are a type of drug that act as painkillers and can produce euphoric feelings in those who use the drug. It is considered highly addictive and can result in addiction after only a few uses. [11] All opioids are classified as controlled substances. Heroin is a Schedule I drug. Fentanyl, hydromorphone, methadone, morphine, opium, and oxycodone are Schedule II drugs. [15] Prior to the Controlled Substances Act, federal regulation has restricted opioids since the importation of opium was banned 1909. The Harrison Narcotics Tax Act of 1914 made opioids illegal in all non-medical cases and restricted the ability of doctors to prescribe them. [1] The Narcotic Drugs Import and Export Act of 1922 further restricted opioids, and the Federal Bureau of Narcotics was established in 1930 to enforce these restrictions. The Boggs Act of 1951 and the Narcotics Control Act of 1956 further expanded legal restrictions on opioids. [7]

Stimulants

Stimulants are a type of drug that speeds up the body’s nervous system. This impacts the body’s alertness, heart rate, and blood pressure. These types of drugs can be found in pill form as well as in drink or food that can be ingested. [11]

Caffeine is legal to use in consumer products in the United States, and it was one of the original substances classified as generally recognized as safe under the Food Additives Amendment of 1958. Products containing caffeine are regulated by the FDA, and they can be classified as conventional foods or dietary supplements. The FDA has discouraged the use of caffeine in alcoholic beverages. [16]

Cocaine is a Schedule II drug, as it has a high potential for abuse, but has accepted medical uses. [17] Violations involving crack cocaine typically result in harsher sentences than violations involving powder cocaine. [7]

The psychoactive components of khat are controlled substances. Cathine is a Schedule IV drug and cathinone is a Schedule I drug. [18]

Methamphetamine is a Schedule II drug, and Desoxyn is currently the only FDA approved drug that includes methamphetamine. [19]

See also

Related Research Articles

<span class="mw-page-title-main">Controlled Substances Act</span> United States drug-regulating law

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.

<span class="mw-page-title-main">Harrison Narcotics Tax Act</span> U.S. federal law regulating and taxing narcotics

The Harrison Narcotics Tax Act was a United States federal law that regulated and taxed the production, importation, and distribution of opiates and coca products. The act was proposed by Representative Francis Burton Harrison of New York and was approved on December 17, 1914.

<span class="mw-page-title-main">Narcotic</span> Chemical substance with psycho-active properties

The term narcotic originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates and opioids, commonly morphine and heroin, as well as derivatives of many of the compounds found within raw opium latex. The primary three are morphine, codeine, and thebaine.

<span class="mw-page-title-main">Drug prohibition</span> History, effects and enforcement of the prohibition of drugs

The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.

<span class="mw-page-title-main">Pure Food and Drug Act</span> 1906 consumer protection law in the US

The Pure Food and Drug Act of 1906, also known as Dr. Wiley's Law, was the first of a series of significant consumer protection laws which was enacted by Congress in the 20th century and led to the creation of the Food and Drug Administration. Its main purpose was to ban foreign and interstate traffic in adulterated or mislabeled food and drug products, and it directed the U.S. Bureau of Chemistry to inspect products and refer offenders to prosecutors. It required that active ingredients be placed on the label of a drug's packaging and that drugs could not fall below purity levels established by the United States Pharmacopeia or the National Formulary.

<span class="mw-page-title-main">War on drugs</span> Global anti-drug campaign led by the United States

The war on drugs is the policy of a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States. The initiative includes a set of drug policies that are intended to discourage the production, distribution, and consumption of psychoactive drugs that the participating governments, through United Nations treaties, have made illegal.

<span class="mw-page-title-main">Removal of cannabis from Schedule I of the Controlled Substances Act</span> Proposed changes to the legal status of cannabis in U.S. federal law

In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."

<span class="mw-page-title-main">Single Convention on Narcotic Drugs</span> 1961 international treaty regulating narcotic drugs

The Single Convention on Narcotic Drugs, 1961 is an international treaty that controls activities of specific narcotic drugs and lays down a system of regulations for their medical and scientific uses; it also establishes the International Narcotics Control Board.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span> Legalization of marijuana in the United States

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Drug policy of California</span> Overview of the drug policy of the U.S. state of California

Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

<span class="mw-page-title-main">Convention on Psychotropic Substances</span> 1971 UN treaty to regulate recreational drugs

The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics signed in Vienna, Austria on 21 February 1971. The Single Convention on Narcotic Drugs of 1961 did not ban the many newly discovered psychotropics, since its scope was limited to drugs with cannabis, coca and opium-like effects.

<span class="mw-page-title-main">Drug policy of Canada</span> Overview of the drug policy of Canada

Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment for the smallest of offences, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.

The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of 1914. The Harrison Act was a revenue-producing act and, while it provided penalties for violations, it did not give authority to the states to exercise police power regarding either seizure of drugs used in illicit trade or punishment of those responsible.

This is a history of drug prohibition in the United States.

<span class="mw-page-title-main">Psychoactive drug</span> Chemical substance that alters nervous system function

A psychoactive drug, psychopharmaceutical, psychoactive agent, or psychotropic drug is a chemical substance that changes the function of the nervous system and results in alterations of perception, mood, cognition, and behavior. These substances may be used medically, recreationally, for spiritual reasons, or for research. Some categories of psychoactive drugs may be prescribed by physicians and other healthcare practitioners because of their therapeutic value.

<span class="mw-page-title-main">Drugs in the United States</span>

In the United States, the Federal Food, Drug, and Cosmetic Act defined the word "drug" as an "article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals" and those "(other than food) intended to affect the structure or any function of the body of man or other animals." Consistent with that definition, the U.S. separately defines narcotic drugs and controlled substances, which may include non-drugs, and explicitly excludes tobacco, caffeine and alcoholic beverages.

<span class="mw-page-title-main">Drug policy of Missouri</span> Overview of the drug policy of the U.S. state of Missouri

The drug policy of Missouri involves the policies, measures and laws set by the government of Missouri to control substances.

References

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  2. 1 2 "About Alcohol Policy". Alcohol Policy Information System. Retrieved May 4, 2022.
  3. 1 2 3 "War on Drugs - Timeline in America, Definition & Facts". HISTORY. December 17, 2019. Retrieved August 27, 2023.
  4. ↑ Hinch, Jim (July 19, 2023). "What Happened When Oregon Decriminalized Hard Drugs". The Atlantic. Retrieved August 27, 2023.
  5. ↑ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. pp. 7–10.
  6. 1 2 Lampe, Joanna R. "The Controlled Substances Act (CSA): A Legal Overview for the 117th Congress". Congressional Research Service. Retrieved October 26, 2022.
  7. 1 2 3 Reuter, Peter (2013). "Why Has US Drug Policy Changed So Little over 30 Years?". Crime and Justice. 42 (1): 75–140. doi:10.1086/670818. ISSN   0192-3234. JSTOR   10.1086/670818. S2CID   145099760.
  8. ↑ "21 USC 812: Schedules of controlled substances".
  9. ↑ "Foreign Narcotics Kingpin Designation Act." Pub. L. Tooltip Public Law (United States)  106–120 (text) (PDF) , H.R. 1555 , 113  Stat.   1626 , enacted December 3, 1999
  10. 1 2 Lopez, German (May 4, 2023). "America's New Drug Policy". The New York Times. ISSN   0362-4331 . Retrieved August 27, 2023.
  11. 1 2 3 4 Doty, Abby. "Types of Drugs: Opioids, Depressants, Stimulants, Hallucinogens, and More". The Recovery Village. Retrieved November 2, 2022.
  12. ↑ Bernstein, Susan. "Alcohol Laws: An Overview". WebMD. Retrieved May 4, 2022.
  13. ↑ Houser, Kimberly A.; Robert E. Rosacker (Winter 2014). "High Times: A History of Marijuana Laws in the United States". International Journal of Business & Public Administration. 11 (2): 131–141.
  14. ↑ "Federal Laws and Penalties". NORML. Retrieved August 27, 2023.
  15. ↑ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. pp. 48–59.
  16. ↑ Rosenfeld, Leah S.; Mihalov, Jeremy J.; Carlson, Susan J.; Mattia, Antonia (2014). "Regulatory status of caffeine in the United States". Nutrition Reviews. 72 (Suppl 1): 23–33. doi: 10.1111/nure.12136 . ISSN   1753-4887. PMID   25293541.
  17. ↑ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. p. 64.
  18. ↑ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. p. 65.
  19. ↑ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. p. 67.
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