SOC 204 Drugs & Society

Goldberg Chapter 4 Drugs & the Law

Monday: Are you a cat person or a dog person?

A. CatB. DogC. BothD. Neither

CatDog

Both

Neither

8%4%

19%

69%

Drugs & The Law 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 Click picture for

video

Early Regulation

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

Small Group Questions:

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?

Pure Food & Drug Act 1906 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

The Pure Food & Drug Act was created to:A. Stop people from

using opiumB. Establish taxes on

drugsC. Force people to

get prescriptions for drugs

D. Keep dangerous drugs off the market

Stop people fr

om using .

..

Establis

h taxe

s on dru

gs

Force

people to get p

resc...

Keep dangerous d

rugs o

ff...

0%

93%

7%0%

Harrison Act 1914

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

The Harrison Act:

A. Established taxes on drugs

B. Made opium illegal without a prescription

C. Established jail time for drug offenses

Establis

hed taxe

s on dru

gs

Made opium ill

egal with

...

Establis

hed jail ti

me for ..

.

8%0%

92%

Prohibition 1919-1933

Began with the Temperance Movement

19th Amendment passed in 1919

Speak-easies Bootlegging Increase in

organized crime Repealed in 1933 by

the 21st Amendment

Marijuana Tax Act 1937

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)

The marijuana tax act made all use of marijuana illegal.

A. TrueB. False

True

False

92%

8%

Food, Drug, and Cosmetic Act 1938

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

Limitations of the 1938 Food, Drug, and Cosmetic Act

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

The Food, Drug, & Cosmetic ActA. Established taxes

on new drugsB. Ensured that drugs

were proven effective

C. Ensured that drugs were proven safe

D. Enacted stiff penalties for false advertising

Establis

hed taxe

s on new...

Ensure

d that d

rugs w

ere...

Ensure

d that d

rugs w

ere...

Enacted sti

ff penalties f

or...

0% 4%

93%

4%

I think the legalization of marijuana was a good idea.

A. Absolutely.B. No, I disagree,

it was a bad idea.

C. I’m not sure or have no opinion.

Absolutely.

No, I disa

gree, it

was a

b..

I’m not s

ure or h

ave no ...

59%

41%

0%

Kefauver-Harris Amendments 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

Kefauver-Harris Amendments 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

Considering the Kefauver-Harris Amendments, all of the following are true EXCEPT:

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 drug a

dverti

se...

Advertise

ments must

inc...

Tests w

ere re

quired prio

r ..

7%0%

7%

85%

Comprehensive Drug AbusePrevention and Control Act of 1970

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

The Comprehensive Drug Abuse Prevention and Control Act replaced all previous legislation regarding dangerous drugs

A. TrueB. False

True

False

4%

96%

Schedule Criteria Examples

I a. High potential for abuseb. No accepted medical usec. Lack of accepted safety

Heroin,marijuana, MDMA

(Ecstasy)

II a. High potential for abuseb. Currently accepted medical usec. Abuse may lead to severe dependence

Morphine,cocaine,

methamphetamine

III a. Potential for abuse less than I and IIb. Currently accepted medical usec. 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 IIIb. Currently accepted medical usec. 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 IVb. Currently accepted medical usec. Abuse may lead to limited physical or psychological

dependence relative to IV

Mixture with small amounts of codeine or

opium

Anti–Drug Abuse Act of 1988 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

The Anti-Drug Abuse Act

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 & BE. All of the above

Emphasized st

rict p

unis...

Allowed offenders

to co

...

Create

d lighte

r sentence

s...

A & B

All of t

he above

11%4% 7%

78%

0%

Small Group Questions:

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?

Drug Paraphernalia

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

The War on Drugs

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

The War on Drugs has been largely successfulA. TrueB. False

True

False

100%

0%

http://ezproxy.wwcc.edu:2048/login?url=http://digital.films.com/PortalPlaylists.aspx?aid=7539&xtid=50127

Are you for or against legalization of drugs? (all currently illicit drugs)A. For legalizationB. Against

legalizationC. For legalization,

but only for some drugs

For le

galization

Against

legalization

For le

galization, b

ut only.

..

22%

56%

22%

Arguments Against Legalization 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

Arguments For Legalization 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

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

Problems with Enforcement

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

Prevention

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

Prevention

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

Racism and Drug Enforcement 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

Mandatory Minimum Sentencing

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