Chapter 2 Flashcards
FDA
Food and Drug Administration helps regulate and supervise the safety of prescription and over-the-counter pharmaceutical drugs, tobacco products, vaccines, dietary supplements, medical devices, food, and other products (works with DEA in up-keeping the schedules of drugs)
DEA (Drug Enforcement Agency)
lead agency for domestic enforcement of the Controlled Substances Act (works in conjunction with FBI, ICE, and other foreign agencies to combat drug smuggling and investigations)
ONDCP
The Office of National Drug Control Policy establishes policies and actions to eradicate illicit drug use, manufacturing, and trafficking; also attempts to reduce crime, violence, and health consequences associated with illicit drug use (evaluates, coordinates, and oversees anti-drug efforts in the US and internationally)
DOJ
The Department of Justice involves the FBI, DEA, ATF, ICE, Federal Bureau of Prisons, and Justice Tax Division
ATF
The Bureau of Alcohol, Tobacco, and Firearms prevents illegal trafficking of alcohol and tobacco products
Felony
a more serious crime; punishable by more than a year in prison
Drug-Defined Offenses
laws prohibiting the use, distribution, possession, or manufacture of illegal drugs
misdemeanor
a less serious crime; punishable by 1 yr or less in prison
possession
the crime of having illegal or non-prescribed controlled substances under one’s control
trafficking
unauthorized manufacture, distribution, or sale of any controlled substance
conspiracy
an agreement between two or more people to violate the federal drug laws
harm-reduction
policies that aim to reduce the health risks associated with drug use, reduce prison overcrowding, and focus on treatment rather than punishment
drug-related offenses
offenses in which a drug contributes to the commission of a crime
Systemic violence
disputes over territory between rival drug dealers, violent acts committed to enforce discipline, elimination of police informants, punishment for selling adulterated drugs, punishment for defrauding the drug dealer
pharmacological violence
the effect of a drug having a direct physiological influence on an offender committing an act of violence
economically compulsive violence
criminal act committed by a drug abuser in order to obtain money to buy a drug
implied consent
applies to all drivers in Arizona subject to DUI laws, if a breathalyzer test is refused it results in suspension of driving privileges, police may obtain a warrant to conduct a DUI blood or urine test; the driver is given 15 days to request a MVD license suspension hearing
Harrison Narcotics Act of 1914
Decreed that physicians and pharmacists had to be licensed to prescribe narcotics, they must register with the US Treasury Department and keep records of the narcotic drugs the dispensed and they can only prescribe in the course of their profession
Volstead Act
prohibited the manufacture, sale, transportation, or importation of intoxicating liquors (for a year it reduced alcohol-related deaths and crimes; however as more time passed alcohol use and alcohol-related crime rose becoming greater than it was before the act was put in place)
Marijuana Tax Act of 1937
banned the recreational use of marijuana but allowed for medicinal or industrial use, provided the user paid for a license (the act was opposed by the AMA, the first individual to be arrested under the act was a Mexican American, and it was overturned and declared unconstitutional in 1969 following a case with Timothy Leary)
Food, Drug, and Cosmetics Act of 1938
required drug companies to prove their products were safe and effective, to label the product with directions, and determine if the drug should be over-the-counter or prescription (gave the FDA more responsibility and authority)
Federal Bureau of Narcotics
Harry Anslinger was the point person for this policy; an independent federal agency to enforce the Harrison act domestically and internationally, operates under the jurisdiction of the Justice Department
1956 Narcotics Control Act
increased the mandatory minimum sentence requirement, forbade judges from suspending sentences or imposing probation in cases where they felt a prison sentence was inappropriate, denied the right to parole consideration for those imprisoned for drug offenses
Controlled Substances Act of 1970
repealed, replaced, and consolidated all previous federal drug laws, created the 5 schedules of drugs
The war on drugs
The US governments campaign, under Richard Nixon, to reduce the importation, manufacture, sale, and use of illegal drugs (drug use wasn’t that high, Nixon declared drugs public enemy number one)
Drug abuse control acts of the 1980s
strengthened federal anti-drug policies, forfeiture laws[government can seize anything in one’s possession at the time of a drug arrest], established Office of National Drug Control Policy, lowered legal BAC limit to 0.08 from 0.1 (drug laws are not applied evenly, minorities are more likely to be arrested for drug charges)
Charges for Cocaine
Less than 500 grams = up to 20 yrs in prison with up to a $5mil dollar fine for the first offense; second offense is up to 30 yrs in prison or up to life if death was involved with up to $10mil fine/500 to 4,999 grams = 5-40yrs in prison with up to $25mil fine for first offense; 2nd offense is 10-life with up to $50mil fine/5kg or more = 10-life with up to $50mil for first offense; 2nd offense is 20-life with up to $75mil fine
Charges for Crack
less than 25grams =up to 20 yrs in prison with up to a $5mil dollar fine for the first offense; second offense is up to 30 yrs in prison or up to life if death was involved with up to $10mil fine/ 28-279grams =5-40yrs in prison with up to $25mil fine for first offense; 2nd offense is 10-life with up to $50mil fine/ 280grams or more =10-life with up to $50mil for first offense; 2nd offense is 20-life with up to $75mil fine
State drug laws
states are given flexibility in how they decide to enforce or not enforce federal drug laws, there can be variation from state to state in drug laws for scheduled drugs or non-scheduled drugs (federal laws override state laws)
Federal Drug laws
penalties for drug offenses depend on several factors including the specific drug, quantities involved, if its the first offense, and which crime they committed
How does a case become federal
if a federal informant named you, a federal officer made the arrest, the crime occurred on federal property, the crime involved crossing state lines
What are the outcomes of a drug conviction
jail time and a fine depending on the drug, wether it is a first offense, and what crime was committed
What happened in Portugal
Portugal removed criminal sanctions for possession and use of any small amounts of drugs in 2001, any individuals found in possession of drugs are referred to treatment services (Portugal then saw declines in drug use and drug-induced deaths)
What is the connection between crime and drugs
drug use and crime do not cause one or the other; aspects of a deviant lifestyle/culture, social risk factors that lead to deviant behavior, and deviant behavior do
what drugs cause the most and least deaths
Caffeine causes the most, and heroin the least
American Attitudes towards marijuana
most Americans believe the government should focus on treatment rather than punishment, and that marijuana should be legalized, and alcohol is more harmful than marijuana
how is the schedule of a drug determined
schedule is determined based on the drug’s potential for abuse, its medical benefits (if any), and its likelihood for producing dependence
