Drugs and the Law Jane Elphingstone, Ed.D. Professor, Department of Health Sciences University of Central Arkansas

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.

Why drug laws? Moral reasons “Some people just can’t help themselves.” “It’s 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 don’t we let the government make the money instead.” “At least, the government can control the drugs that are being used.” Both

Before 1900’s Civil war use of morphine for soldiers and the hypodermic syringe “the soldier’s disease” Outlawing of opium smoking and opium dens  Targeted Chinese immigrants Temperance Movement and Alcohol  First compulsory Temperance Education enacted in 1882.

1900’s 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

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

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

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 NDA’s Adequate directions for use Defined prescription and over-the-counter medications

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

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.

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

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.

1988 – Omnibus Drug Act Second 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.

Second Anti-Drug Abuse Act (1988) Surgeon General’s 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

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.

2000’s Tobacco Settlements Continued efforts funded for  Prevention (Stopping Use before it starts)  Treatment (Healing America’s Drug Users)  Law enforcement (Disrupting the Market)

Two Approaches Supply Reduction or Interdiction – Law enforcement Demand Reduction – Education and Treatment

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.

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

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

Demand Reduction Focuses on the individual to reduce the need for a drug.

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.

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