Attempts have been made to regulate the use of mind-altering substances since settlers first arrived in the New World
The first substance regulated was alcohol
The temperance movement in the late 1700s advocated that people become more educated about the hazards of alcohol
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Alcohol 1791: Congress passed an excise tax
on whiskey
Opium 1833: US treaty regulated international opium trade 1842: Tax on crude opium shipped to the US 1875: San Francisco prohibiting smoking in opium dens 1890: Only US citizens could manufacture or import opium
Proprietary drugs (over-the-counter drugs) Pure Food and Drug Act of 1906
Do drug laws affect whether people use drugs?
Should drug laws be aimed at drug users, sellers, or traffickers?
Should the role of government be to inform its citizens about drugs or to prevent its citizens from using drugs?
Should a person be prevented from engaging in self-destructive behavior?
A. A problem best handled by the legal system
B. A problem best handled as a public health issue
A pro
blem
best
handle
d...
A pro
blem
best
handle
d...
70%
30%
A. Go to the future
B. Go to the past
C. Stay right here
Go to th
e futu
re
Go to th
e past
Stay ri
ght h
ere
20%
32%
48%
Before 1906, patent medicines were largely unregulated
US Food and Drug Administration (FDA) was created to assess drug hazards and prohibit sale of dangerous drugs
Law required drug manufacturers to report adverse reactions to their products
Law required that the amount or proportion of drugs in the medicine had to be listed on the label
A. Stop people from using opium
B. Establish taxes on drugs
C. Force people to get prescriptions for drugs
D. Keep dangerous drugs off the market
Stop p
eople fr
om u
sing .
..
Establis
h taxe
s on d
rugs
Forc
e people
to get p
resc
...
Keep dangero
us dru
gs off.
..
4%
76%
20%
0%
The Harrison Act resulted from the need to limit opiate use
Law governed the marketing and sale of narcotics, regulated nonmedical narcotic use, and made possession of narcotics without a prescription illegal
Doctors and pharmacists had to keep records of the prescriptions they wrote
To obtain drugs, an increasing number of people resorted to criminal activity
A. Established taxes on drugs
B. Made opium illegal without a prescription
C. Established jail time for drug offenses
Establis
hed taxe
s on d
rugs
Made o
pium
illegal w
ith...
Establis
hed jail
time fo
r ...
4% 0%
96%
Began with the Temperance Movement
19th Amendment passed in 1919
Speak-easies Bootlegging Increase in organized
crime Repealed in 1933 by
the 21st Amendment
Forbade the recreational use of marijuana, but not medicinal or industrial uses
Anyone using marijuana was required to pay a tax – failure to comply meant a large fine or prison term for tax evasion
AMA and others opposed marijuana legislation
The Federal Bureau of Narcotics, established in 1932, later became the Drug Enforcement Administration (DEA)
Under 1906 guidelines, a drug manufacturer could not be prosecuted for fatalities due to toxic drugs
1938 Act required pharmaceutical companies to file applications with the federal government demonstrating that all new drugs were safe and properly labeled
Manufacturers had to submit a “new drug application” to the FDA, giving the FDA more authority and responsibility
Did not cover drugs that were previously marketed
Drugs had to be proven safe, but not effective
Government had little authority to enact penalties
Manufacturers determined whether a drug would be sold as a prescription or over-the-counter
Manufacturers conducted their own tests to determine a drug’s effectiveness
A. Established taxes on new drugs
B. Ensured that drugs were proven effective
C. Ensured that new drugs were proven safe
D. Enacted stiff penalties for false advertising
Establis
hed taxe
s on n
ew...
Ensure
d that d
rugs w
ere...
Ensure
d that n
ew d
rugs .
..
Enacted st
iff p
enaltie
s for..
.
0% 0%
85%
15%
Serious birth defects caused by thalidomide resulted in implementation of stronger regulations regarding drug testing
Kefauver-Harris Amendments, 1962, gave the FDA the authority to withdraw drugs from the marketplace
Drug advertisements directed to physicians were required to include the drug’s side effects and its contraindicated uses
Testing procedures required prior approval from the FDA
1972 Drug Efficacy Study: The FDA asked the National Research Council to conduct a study of new drugs
Active ingredients were placed in one of three categories: Category I drugs: Determined to be safe, effective, and
properly labeled
Category II drugs: Not generally recognized as safe and effective, or recognized as mislabeled; must be removed from medications within six months
Category III drugs: Data insufficient to determine general recognition of safety and effectiveness
A. The FDA had the authority to remove unsafe drugs from the market
B. Taxes on drug advertisements were enacted
C. Advertisements must include side-effects
D. Tests were required prior to a drug’s approval
The FDA had th
e authorit
...
Taxes o
n dru
g adve
rtise
...
Advertise
ments
must
inc..
.
Tests w
ere re
quired p
rior .
.
4% 4%8%
85%
Comprehensive Drug Abuse Prevention and Control Act (Controlled Substances Act), effectively replaced all previous laws dealing with narcotics and dangerous drugs
Expanded community health centers and Public Health Service hospitals for drug abusers
Established a commission on marijuana and drug abuse
Divided drugs into five categories called schedules
Schedule Criteria Examples
I a. High potential for abuse
b. No accepted medical use
c. Lack of accepted safety
Heroin,
marijuana, MDMA
(Ecstasy)
II a. High potential for abuse
b. Currently accepted medical use
c. Abuse may lead to severe dependence
Morphine,
cocaine,
methamphetamine
III a. Potential for abuse less than I and II
b. Currently accepted medical use
c. Abuse may lead to moderate physical dependence or high
psychological dependence
Anabolic steroids,
most barbiturates,
Dronabinol (THC in pill
form)
IV a. Low potential for abuse relative to III
b. Currently accepted medical use
c. Abuse may lead to limited physical or psychological
dependence relative to III
Xanax, barbital,
chloral hydrate,
fenfluramine
V a. Low potential for abuse relative to IV
b. Currently accepted medical use
c. Abuse may lead to limited physical or psychological
dependence relative to IV
Mixture with small
amounts of codeine or
opium
Legislation that emphasizes stringent punishment of the drug user, to reduce drug demand
Punishment could be waived if the user completes a drug rehabilitation program
Greatly increased federal prison population and led to a new Cabinet position, Director of National Drug Control Policy
Under this law, drug users are punished more stringently than rapists or robbers
A. Emphasized strict punishment for drug infractions
B. Allowed offenders to complete treatment rather than jail
C. Created lighter sentences for drug offenses
D. A & B
E. All of the above Emphasiz
ed stric
t punis.
..
Allow
ed offe
nders to
co...
Create
d ligh
ter s
entence
s...
A & B
All of t
he above
8%4%
0%
88%
0%
A. Absolutely.
B. No, I disagree, it was a bad idea.
C. I’m not sure or have no opinion.
Absolu
tely
.
No, I d
isagr
ee, it w
as a b
..
I’m n
ot sure
or h
ave no ..
.
54%
27%19%
1. Should the sale of drug paraphernalia be illegal?
2. Should people using small amounts of illegal drugs for personal enjoyment receive harsh criminal penalties?
3. What are the advantages and disadvantages of decriminalizing or legalizing drugs?
4. What impact has drug enforcement had on drug use?
5. Should the vast amount of money spent on stopping drugs be used differently?
A. Yep, already looked at it.
B. Yeah…heard you say that, but where is it?
C. No, didn’t know that.
D. There’s an exam tomorrow???
Yep, alre
ady looked a
t it.
Yeah…heard yo
u say th
at...
No, did
n’t know
that.
There’s
an exa
m to
morr
...
35%
8%
19%
38%
Drug paraphernalia:
Items that are aids to using drugs (cigarette-rolling papers, water pipes, razors, clay pipes, roach clips, spoons, mirrors, and other products)
Prosecuting individuals for possessing drug paraphernalia is viewed as a deterrent for drug use
In 1988, Congress proclaimed that the US would be drug-free by 1995
The monetary expense and human resources employed to combat illicit drug use are enormous – yet, the number of Americans who have used illegal drugs has increased
The government’s assault on illicit drugs has resulted in social tension, ill health, violent crime, compromised civil liberties, and international conflict
A. True
B. False
True
False
96%
4%
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A. For legalization
B. Against legalization
C. For legalization, but only for some drugs
For l
egalizatio
n
Again
st le
galizatio
n
For l
egalizatio
n, but o
nly...
11%
39%
50%
Some argue that decriminalization would increase drug use, addiction, and drug-related deaths
Drug-related crimes might fall, but the number of addicts would rise
Legalization would result in more dysfunctional addicts who would be unable to support their lifestyles and drug use through legitimate means
Legal regulation of drugs would protect drug takers and save money
Billions of dollars spent on drug enforcement might be put to use more effectively if the money were directed toward education and treatment programs
Drug enforcement is designed to stem the flow of drugs coming into the US and to punish the user
To stop drugs at their source, the State Department works with a number of foreign governments
DEA agents help block drugs from leaving other countries, eradicate crops, and find and dismantle illegal laboratories
Farmers make more money from coca or opium crops than from legal crops
On a global scale, less than 10% of illegal crops are consistently eradicated
Interdiction is especially difficult because of numerous points of entry
Harm reduction Interventions that respond to
needs of drug users and the community to reduce harm caused by illicit drug use
Includes providing sterile syringes to reduce spread of HIV infection, education, and increased treatment
Treats drug abuse as a public health problem, not a criminal problem
Normalization Term used by the Dutch for the
practice of not prosecuting users of soft drugs such as marijuana
Using some drugs is not illegal, but drug traffic is illegal
Treatment assists physical and social well-being of addicts rather than try to stop their addiction
Result: Netherlands has less drug use than the US and other European countries
Questionable search warrants in inner-city communities
People of color are stopped and searched more often than others on the basis of “drug courier” profiles
Despite comparable drug usage, Blacks are incarcerated at a higher rate than Whites
Penalties for crack cocaine, used more by poor, are greater than those for powder cocaine, used more by middle class
Starting in 1984, Congress enacted mandatory minimum penalties specifically focusing on drugs and violent crimes
It has been shown that mandatory minimum drug sentences have not acted as deterrents to further crime
Mandatory minimum drug sentences give no latitude to judges to determine appropriate punishments
Treatment is 15 times more effective for reducing serious crime than mandatory minimum sentencing