Detroit police enforcing the prohibition on alcohol
Detroit police enforcing the prohibition on alcohol

The drug policy of the United States is the activity of the federal government relating to the regulation of drugs. Consumer drugs are regulated by the Food and Drug Administration (FDA) while the Drug Enforcement Administration (DEA) is tasked with enforcing laws against drug distribution.

History

See also: History of United States drug prohibition

During the 19th century, drugs were not regulated by the government, and all drugs could be freely purchased by consumers. Local laws began prohibiting certain types of drugs in 1875. The first federal restriction on drugs was passed in 1909, banning the importation of opium. The Harrison Narcotics Tax Act was passed in 1914 to regulate the sale of narcotics in compliance with the International Opium Convention. This regulation effectively criminalized opium, morphine, heroin, and cocaine in the United States outside of specific medical use. The Harrison Act was strengthened in 1922 to increase the maximum penalty from five years in prison to ten years.[1] In regard to consumer drugs, the Pure Food and Drug Act of 1906 required that drug products be accurately labeled with their active ingredients.

From 1920 to 1933, the Constitution of the United States banned alcohol as part of the Prohibition. The Eighteenth Amendment was ratified in 1919, prohibiting the manufacture, sale, or transportation of alcohol within the United States. Prohibition was ended when the Twenty-first Amendment to the United States Constitution was ratified on December 5, 1933.[2]

In the 1970s, the United States shifted its drug policy to the war on drugs. The Comprehensive Drug Abuse Prevention and Control Act of 1970 established a new framework for drug regulation and defined five schedules of controlled substances. Since then, many additional laws have been passed to regulate drugs. The Drug Enforcement Administration was created in 1973. The Anti-Drug Abuse Acts of 1986 and 1988 increased penalties and established mandatory sentencing for drug violations. The Office of National Drug Control Policy was created in 1989.

Enforcement

The Food and Drug Administration is responsible for regulating consumer and prescription drugs. The Drug Enforcement Administration is responsible for enforcing the Controlled Substances Act. Under the Controlled Substances Act, illicit drugs are classified under five Schedules, with Schedule I being the most severe. A drug's classification is determined by weighing its potential medical uses against its potential for abuse.[3] Enforcement of American drug policy has been criticized as disproportionately targeting racial minorities.[4]

The Foreign Narcotics Kingpin Designation Act authorizes sanctions against individuals involved with international narcotics trafficking.[5] The United States Anti-Doping Agency is responsible for enforcing American anti-doping laws.

Drugs

Alcohol

Further information: List of alcohol laws of the United States

Alcohol is currently legal to purchase and consume in the United States. Federal law defines an alcoholic beverage as any beverage that contains 0.05% of more alcohol, and federal law prohibits driving with a blood alcohol content of 0.08% or higher.[6] Manufacture and sale of alcohol was illegal in the United States during the Prohibition between 1920 and 1933. Following the ratification of the Twenty-first Amendment in 1933, federal prohibition was repealed and state governments were permitted to regulate alcohol independently.[2] The National Minimum Drinking Age Act requires all states to enforce a legal drinking age of 21 in order to receive full highway funding. Alcohol laws are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Alcohol and Tobacco Tax and Trade Bureau.

Cannabis

Further information: Legal history of cannabis in the United States

The Marihuana Tax Act of 1937 was the first federal law to regulate cannabis, effectively criminalizing it in most cases. The act was ruled unconstitutional by the Supreme Court in Leary v. United States in 1969. In 1970, cannabis was classified as a Schedule I drug.[7]

Opioids

All opioids are classified as controlled substances. Heroin is a Schedule I drug. Fentanyl, hydromorphone, methadone, morphine, opium, and oxycodone are Schedule II drugs.[8] Prior to the Controlled Substances Act, federal regulation has restricted opioids since the importation of opium was banned 1909. The Harrison Narcotics Tax Act of 1914 made opioids illegal in all non-medical cases and restricted the ability of doctors to prescribe them.[1] The Narcotic Drugs Import and Export Act of 1922 further restricted opioids, and the Federal Bureau of Narcotics was established in 1930 to enforce these restrictions. The Boggs Act of 1951 and the Narcotics Control Act of 1956 further expanded legal restrictions on opioids.[4]

Stimulants

Caffeine is legal to use in consumer products in the United States, and it was one of the original substances classified as generally recognized as safe under the Food Additives Amendment of 1958. Products containing caffeine are regulated by the FDA, and they can be classified as conventional foods or dietary supplements. The FDA has discouraged the use of caffeine in alcoholic beverages.[9]

Cocaine is a Schedule II drug, as it has a high potential for abuse but has accepted medical uses.[10] Violations involving crack cocaine typically result in harsher sentences than violations involving powder cocaine.[4]

The psychoactive components of khat are controlled substances.Cathine is a Schedule IV drug and cathinone is a Schedule I drug.[11]

Methamphetamine is a Schedule II drug, and Desoxyn is currently the only FDA approved drug that includes methamphetamine.[12]

See also

References

  1. ^ a b Brecher, Edward M. (August 14, 1986). "Drug Laws and Drug Law Enforcement:". Drugs & Society. 1 (1): 1–28. doi:10.1300/J023v01n01_01. ISSN 8756-8233.
  2. ^ a b "About Alcohol Policy". Alcohol Policy Information System. Retrieved May 4, 2022.
  3. ^ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. pp. 7–10.
  4. ^ a b c Reuter, Peter (2013). "Why Has US Drug Policy Changed So Little over 30 Years?". Crime and Justice. 42 (1): 75–140. doi:10.1086/670818. ISSN 0192-3234.
  5. ^ "Foreign Narcotics Kingpin Designation Act." Pub.L. 106–120 (text) (PDF), H.R. 1555, 113 Stat. 1626, enacted December 3, 1999
  6. ^ Bernstein, Susan. "Alcohol Laws: An Overview". WebMD. Retrieved May 4, 2022.
  7. ^ Houser, Kimberly A.; Robert E. Rosacker (Winter 2014). "High Times: A History of Marijuana Laws in the United States". International Journal of Business & Public Administration. 11 (2): 131–141.
  8. ^ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. pp. 48–59.
  9. ^ Rosenfeld, Leah S.; Mihalov, Jeremy J.; Carlson, Susan J.; Mattia, Antonia (2014). "Regulatory status of caffeine in the United States". Nutrition Reviews. 72 Suppl 1: 23–33. doi:10.1111/nure.12136. ISSN 1753-4887. PMID 25293541.
  10. ^ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. p. 64.
  11. ^ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. p. 65.
  12. ^ Drugs of Abuse (PDF) (Report). Drug Enforcement Administration. 2020. p. 67.