The History of Drug Laws in The United States

Chapter 8
From Just Say No! to Well, MaybeThe war on drugs and sensible
alternatives
Mallicoat/Gardiner, Criminal Justice Policy

2014 SAGE Publications, Inc.
The History of Drug Laws in the United States

The 19th Century
Consciousness-altering substances were openly sold
Medicine relied heavily on painkillers to treat patients
Many products contained derivatives of opium
In 1898, heroin was synthesized and sold over the counter
The 20th Century

In 1910, Morphine was the most used medical drug, alcohol
was the 5th
Drug addiction was common
It is estimated that between 200,000 and 275,000 people were

addicted to drugs in 1915.

The Pure Food and Drug Act of 1906

First federal law that regulated drugs in the United States
Established the Food and Drug Administration (FDA)
Required that manufacturers list the ingredients, and the quantity
of alcohol and drugs on their products
The Harrison Narcotics Act of 1914
Opium and cocaine distributer must register and pay tax

Racial issues played a role in this legislation
Cocaine was portrayed as a drug that was disproportionately
used by blacks

The Marihuana Tax Act of 1937
First federal law banning marijuana

Also influenced by racial issues
Marijuana was portrayed as being disproportionately used by
Mexican immigrants and black jazz musicians

The Current State of Drug Policies in the United States

What is drug policy?
The laws and procedures implemented by governments to deal
with drug use and problems related to use
Language tends to be vague and inconsistent
Usually refers to various policies enacted at all levels of
government


Drug Policies
Drug Criminalization
Production, manufacture, sale, possession, and consumption are

violations of criminal statutes
The most restrictive form of drug policy
Sanctions can vary depending on the following:
Behavior (possession, etc.)
The substance
The amount of the substance
De facto Legalization
The second most restrictive form of drug policy

Does not represent any formal policy, it is more of a procedure of not
enforcing drug laws by law enforcement

Decriminalization
Process of removing criminal conduct from the jurisdiction of the criminal

justice agencies
An offense will not result in incarceration, but are punished in a limited
way
It is also referred to as depenalization
Drug Legalization
The most permissive drug policy

Some or all drugs can become legal - under certain circumstances they
can be purchased from government approved vendors and consumed
Regulations are similar to alcohol regulations
Behaviors associated with drug use, such as drunk driving, can still be
criminalized

Harm reduction
Also known as harm minimization
These polices do not focus on the elimination of drug use and
addiction
Can include needle exchange programs and clean needle
distribution
Helps reduce the spread of HIV, Hepatitis, etc.
The most controversial approach is opiate replacement therapy
It is used for treating heroin addiction

Uses methadone
Believes that the new drug is less harmful then heroin
Treatments have been found to be effective
It is embraced by the federal government

This approach also focuses on legal drug use, such as alcohol

Policies designed to control access to alcohol
1. Legal age restrictions
2. Consumption and possession regulations
3. Hours of sale and zoning restrictions on establishments selling the
drug
4. Regulations on advertising of alcohol products
5. Regulations on the purity and potency of alcohol products
6. Provisions of treatment options for those who become dependent


The most dominate regulation policy in the United
States is criminalization
Bureau of Justice Statistics, 2011
As of 2011, there were 197,050 prisoners under federal
jurisdiction
94,600, 48% of those prisoners, were convicted for drug offenses
As of 2011, there were 237,00 prisoners serving time for drug

offenses, 17% of the total population of prisoners at the state
level


Specific (and Ancillary) Drug Policies
Mandatory Minimum Sentences
Comprehensive Drug Abuse and Control Act (1979)

Congress repealed most mandatory minimum sentences
1980s - federal and state governments enacted mandatory minimum
sentencing for drug offenses
Anti-Drug Abuse Act (1998)
Enhanced mandatory minimum sentencing for individuals selling
drugs within 1,000 feet of playgrounds, etc.
Laws were repealed
As of 2012, 171 mandatory sentencing statutes exist in the United States
Racial disparities; blacks are more likely to be arrested and prosecuted
than whites

Medical Marijuana Laws
1850-1942 - Cannabis was recognized as medicine and could be purchased

in local pharmacies
1988 - Francis L. Young advocated for the removal of marijuana as a
Schedule I drug, his recommendation was ignored by the DEA
2013- 19 states and D.C. passed legislation that allows marijuana use for
medicinal purpose
Marijuana Legalization Measures
Ballot measures
Californias Proposition 19 (Regulate, Control, and Tax Cannabis Act),
Failed
Colorados Amendment 64, Passed
Washingtons Initiative 502, Passed
Oregons Measure 80, Failed

Drug Courts
Alternative to mass incarceration
Use the threat of sanctions in combination with rewards for
compliance
Offenders must enter treatment programs, undergo urinalysis,
receive sanctions for noncompliance, etc.
First drug court established in Miami, Florida in 1989
2,600 drug courts exist in the United States
Racial disparities have also been reported

Race, Gender, and Class Implications of Drug Polices

in the United States
Drug policies heighten racial/ethnic and social
inequalities
Minorities, especially Africa Americans and Hispanics, are

disproportionately incarcerated for drug offenses
Females have been incarcerated at higher rates than males
since the War on Drugs

Unintended Consequences of U.S. Drug Policies

Welfare eligibility
The Personal Responsibility and Work Opportunities

Reconciliations Act (1996)
Denied federal welfare benefits to any individual convicted of a
felony drug offense
Required drug testing
92,000 women have been denied welfare since 2002
Public Housing eligibility
The Anti-Drug Abuse Act (1988)
Public agencies were required to evict tenants if a member of the family

were in involved in drug related crimes
Has affected more than 3 million people

Unintended Consequences of U.S. Drug Policies

Financial aid eligibility
The Higher Education Act (1998)
Any individuals applying for financial aid are required to answer

questions regarding prior drug convictions
Thousands of students have been denied financial aid
Disenfranchisement
Statues can disqualify individuals convicted of felony offenses from

voting
12 states have disenfranchisement statutes
Laws have disproportionately impacted poor and
minority groups

What Research Has Taught Us: Outcomes Associated

With Less Punitive Drug Policies
Countries that have adopted less restrictive drug polices:
The Netherlands
De facto legalization for Marijuana
Harm reduction approaches
Use rates are lower than the rates in the U.S.
Portugal
Decriminalized all drugs used for personal use
Treatment and prevention methods are the primary focus
Drug use has decreased
Canada
Harm reduction approaches
Has increased the number of individuals in treatment programs

How Do We Fix It? Recent Developments in United

States Drug Policies
Treatment in lieu of incarceration
Proposition 36
Estimated to have saved the state of California $275 million
Sentencing reductions
Fair Sentencing Act (2010)
Crack and powder cocaine rations were narrowed


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Chapter 8

Mallicoat/Gardiner, Criminal Justice Policy