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Chapter 4
Drugs and the Law
Significant Drug-Related Laws
Pure Food and Drug Act of 1906
Harrison Act of 1914
Marijuana Tax Act of 1937
Food Drug and Cosmetic Act of 1938
Kefauver-Harris Amendments
Comprehensive Drug Abuse
Prevention and Control Act of 1970
 Anti-Drug Abuse Act
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Pure Food and Drug Act of 1906
Before 1906, patent medicine were
largely unregulated – the United
States was a free marketplace in
terms of drugs.
The 1906 law allowed the government
to enter the drug marketplace with
the intent to regulate what was
stated on the drug label.
Drug producers had to indicate what
was in their product.
Harrison Act of 1914
Harrison Act passed because of the
problems with opiate dependency.
The law governed the marketing and
sale of narcotics including regulating
nonmedical narcotic use and made
possession of narcotics without a
prescription illegal.
Marijuana Tax Act of 1937
This Act resulted in forbidding the
recreational use of marijuana but did
not forbid medicinal or industrial use.
Anyone using marijuana was required to
pay a tax and failure to comply meant
a large fine or prison term for tax
evasion.
Food, Drug, and Cosmetic Act of
1938
Under the 1906 Act a drug manufacturer could
not be prosecuted for fatalities from use of
a drug they marketed. The 1938 Act closed
that loop hole and in addition required
pharmaceutical companies to file
applications with the federal government
documenting that the new drug they
wanted to market was safe. However, the
law excluded already existing drugs and
drugs marketed did not have to be proven
effective.
Kefauver-Harris Amendments
In 1962, as a result of the problems
with thalidomide the Kefauver-Harris
Amendments were passed.
The result was implementation of
stronger regulations regarding drug
testing and gave the FDA authority to
withdraw drugs from the market.
Comprehensive Drug Abuse
Prevention and Control Act of 1970
Also known as the “Controlled
Substances Act”, this legislation had
the effect of repealing, replacing, or
updating all previous federal laws
dealing with narcotics and dangerous
drugs.
“Controlled substances” were divided
into five categories called schedules.
Drug Schedules
“Controlled substances” were
included in on of five schedules based
on the potential for abuse, potential
for dependence, pharmacological
effects, and risk to public health.
Also, the drug schedules provided a
framework for assessing legal
penalties.
Other Legal Issues
Drug Paraphernalia: Laws related to
drug paraphernalia (cigarette rolling
papers, water pipes, razors) has been
passed. The laws are problematic
because many household products
can be construed as drug
paraphernalia, for example, straws to
drink beverages can be used to snort
cocaine.
War on Drugs: People agree that drug
abuse is undesirable but should drug
abuse be treated as a criminal or
public health problem?
The government’s assault on illicit drugs
has resulted in social tension, ill
health, violent crime, compromised
civil liberties, and international
conflict.
Legalization of Drugs
Arguments for legalization of drugs have
compelling premises. If drugs were
“legal” or decriminalized would that
reduce drug use? Or if even if drugs
were “legal” there would always be a
black market.
Drug Enforcement
Drug Enforcement, especially the efforts
of the Drug Enforcement Agency
(DEA) are comprehensive
Interdiction is difficult because of
numerous points of entry
Only about 10-15% of all the drugs
entering the United States are seized
Drug Prevention
Preventing use of drugs may be a better
investment that drug enforcement.
Harm reduction is gaining favor as an
approach to preventing drug abuse.
Harm reduction involves reducing the
risk of drug abuse by providing sterile
syringes to people who inject drugs.
Many moral and ethical issues surround
harm reduction.
Normalization where by users of soft
drugs such as marijuana are not
prosecuted may be another option for
dealing with drug abuse.
Racism and Drug Enforcement
The “War on Drugs” is marred by racial
overtones. For example, Blacks
comprise less than 15% of the
population but comprise 32% of
those arrested for drugs.
There are disparities in drug sentencing
depending on race and even type of
drug involved in the offense
Mandatory Minimum Drug
Sentencing
In the mid-1980s the U.S. Congress
enacted some mandatory minimum
penalties focused on drugs and
violent crimes.
Mandatory minimums reflects a zero-tolerance for
drugs and with no exceptions sends the
message that regardless of the context there
will be minimum sentencing involved with drug
offenses
For example, federal law requires an
individual convicted of possessing ½
kg or more of cocaine be sentenced
to a prison term of at least 5 years.
By imposing mandatory sentences drug
dealers occur more risk
Summary
 During the American Colonial period,
the first drug to be regulated was
alcohol
 The temperance movement took
shape in the late 1700s
 In the early 1800s there was a
movement to restrict opium
 One of the first nationwide drug laws
was the Pure Food and Drug Act of
1906
 The Harrison Narcotic Act in 1914
restricted the use of narcotics
 Congress passed the Marijuana Tax
Act in 1937; the law imposed a tax on
prescribing,growing and selling
marijuana
 The Comprehensive Drug Abuse
Prevention and Control Act in 1970
resulted in the creation of drug
schedules. The primary target was
the drug dealer
 To discourage individuals from using
drugs the Anti-Drug Abuse Act was
passed in 1988
 The cost of drug enforcement is
enormous
 Because of the man points of entry
stopping drugs from crossing the
border is not easy