chapter 2- drug laws and policies Flashcards
conspiracy
an agreement between two or more people to violate the federal drug laws.
Controlled Substances Act (CSA)
the federal policy under which the manufacture, importation, distribution, possession, and use of certain substances is regulated.
felony
a serious crime, typically punishable by at least a year in prison.
trafficking
the unauthorized manufacture, distribution, or sale of any controlled substance.
war on drugs
the US government’s campaign to reduce the importation, manufacture, sale, and use of illegal drugs.
interdiction
interception of illegal drugs smuggled into the country
implied consent
any person who operates a motor vehicle on a public road has, by that action, consented to a chemical test to determine his or her blood alcohol concentration.
misdemeanor
a lesser crime punishable by no more than one year in prison.
possession
the crime of having illegal or non prescribed controlled substances under one’s control.
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 the DEA to determine which drugs are added to or removed form the schedules of drugs.
DEA
drug enforcement agency; the lead agency enforcement of the controlled substances act. the agency also works in conjunction with the FBI, ICE, and foreign law enforcement agencies to combat drug smuggling and conduct international drug investigations.
ONDCP
the office of national drug control policy; establishes policies and actions to eradicate illicit drug use, manufacturing, and trafficking, and to reduce crime, violence, and health consequences associated with illicit drugs.
evaluates, coordinates, and oversees anti-drug efforts in the US and internationally, including the national youth anti drug media campaign.
DOJ
department of justice; includes FBI, ATF, ICE, Coast Guard, Justice Tax Devision, Federal Bureau of Prisons, and DEA
ATF
bureau of alcohol, tobacco, and firearms; prevents illegal trafficking of alcohol and tobacco products.
harm reduction
most harm reduction policies seek to reduce the health risks associated with drug used reduce the overcrowding of prisons, and focus on treatment rather than punishment.
drug related offenses
the government establishes drug laws to reduce the harmful effects of drugs- to the user, to others, and to society. drug laws also have been used for political and economic reasons. offenses include misdemeanors, felonies, possession, trafficking, and conspiracy.
systemic violence
disputes over territory between rival drug dealers; violet acts committed to enforce discipline; elimination of police informants; punishment for selling adulterated drugs; punishment for defrauding the drug dealer.
pharmacological violence
ingestion of drug causing individuals to become excitable, irrational, or inclined to exhibit violent behavior.
economically compulsive violence
need for money to buy drugs as primary motivation for violence.
harrison narcotics act of 1914
decreed that physicians and pharmacists had to be licensed to prescribe narcotics, that they must register with the US treasury department and keep records of the narcotics drugs they dispensed, and that they could prescribe only in the course of their medical practice.
volstead act
1920, prohibited the manufacture, sale, transportation, or importation of intoxicating liquors. become the basis for the 18th amendment. in 1921-1923, alcohol use and associated health effects on the rise again, alcohol related crime greater than before the act.
marijuana tax act of 1937
banned recreational use of marijuana but allowed for medical or industrial use, provided the user paid for a license. the US government, however, made if effectively impossible to acquire the necessary tax stamp. the act was ruled unconstitutional in 1969, in the case of Leary v. US.
food, drug and cosmetics act of 1938
required drug companies to prove their products were both safe and effective, to label the product with adequate directions for safe use, and to determine if the drug should be sold over the counter or by prescription. this law gave the FDA more authority and responsibility.
anslinger and the federal bureau of narcotics
in 1930, FBN became in independent federal agency, under jurisdiction of justice department, to enforce Harrison act domestically and internationally. under harry j. anslinger.
1956 narcotics control act
made drug related penalties more severe: increased mandatory minimum sentences; forbade judges for suspending sentences or imposing probation in cases where they felt a prison sentence was inappropriate; and denied the right to parole consideration for those imprisoned for drug offenses.
the controlled substances act of 1970
the federal policy under which the manufacture, importation, distribution, possession, and use of certain substances is regulated. replaced and consolidated all previous federal drug laws. first law to control drugs directly rather than through taxes.
the war on drugs
the US government’s campaign to reduce the importation, manufacture, sale, and use of illegal drugs. included harsh penalties for sellers and users, as well military interventions to reduce the illegal drug trade. started in 1971 under president Richard Nixon.
drug abuse control acts of the 1980s
anti drug abuse act of 1986: encouraged other countries to halt international drug traffic, said drugs that are similar to schedule 1 and 2 drugs to be treated as such (can be declared illegal), mandatory minimum sentences for all drug offenses, strengthened forfeiture laws.
drug abuse act of 1988: established ONDCP, lowed BAC, death penalty for anyone who kills while committing or planning felony level drug crime, increased penalties for possession, drug related convicts could lose any grants, loans, and licenses.
role of racism in establishing drug policies and enforcement
1990s and beyond- minorities and people of lower socioeconomic status bore the brunt of penalties. blacks use drugs at a lower rate than whites but are arrested for drug charges at more than twice times the rate of whites, and are incarcerated for drug crimes at more that 6 times the rate of whites.
charges for cocaine v. crack
cocaine- less than 500 grams
crack- less than 28 grams
same punishment: first offense, up to 20 yrs in prison, $1-$5 million fine
state v. federal drug laws
states can determine their own laws, but if the law conflicts with federal law, the federal law overrides the state law.
how does a case become federal vs. state?
violations of drug laws can lead to either federal or state charges, but most drug related offenses are prosecuted at the state level.
what are the possible outcomes of a drug conviction for an individual?
penalties imposed by judge, barriers to future employment and income, loss of professional licenses and driver’s licenses, loss of educational aid and welfare benefits, bans on voting and adoption.
do harsh drug laws/ policies work to reduce drugs?
no
what happened in Portugal?
removed criminal sanctions for possession and use of small amounts of any drug in 2001, but possession is still considered illegal. those found in possession of small amounts of any drug (less than 10 day supply) are referred to a dissuasion commission panel that evaluates the personal circumstances of individuals and refers them to appropriate services, which may include treatment.
what is the connection between crime and drugs?
80% of crimes that lead to incarceration involve drugs and alcohol. 3 hypotheses: drug use causes crime; crime causes drug use; drug use and crime share common causes.
how is the schedule of a drug determined?
created by controlled substances act; based on potential for abuse, medical benefits (if any), likelihood for producing physical or psychological dependence. the decision as to whether a drug is going to be scheduled, and if so, what schedule it should be, is made by agents in the FDA and DEA.
schedule 1 drugs
highest abuse potential; lack of accepted safety for use even under medical supervision; no currently accepted medical use in the US; heroin, LSD, DMT, marijuana, peyote, psilocybin, methaqualone, MDMA
schedule 2 drugs
high abuse potential; abuse may lead to severe physical and/or psychological dependence; some accepted medical use- may be severe restrictions on use; cocaine, PCP, methamphetamine, Ritalin, Adderall, opium, morphine, codeine, oxycodone, fentanyl, pentobarbital, amobarbital
schedule 3 drugs
medium abuse potential; less potential for abuse than drugs in higher schedules. abuse may lead to moderate or low physical dependence or high psychological dependence; has a currently accepted medical use in the US; codeine with aspirin or acetaminophen, anabolic steroids, ketamine
schedule 4 drugs
low abuse potential; less potential for abuse than drugs in higher schedules; abuse may lead to limited physical or psychological dependence; has a currently accepted medical use in the US; Xanax, valium, rohypnol, ambien, librium
schedule 5 drugs
lowest abuse potential; abuse may lead to limited physical or psychological dependence; has a currently accepted medical use in the US; lomotil, cough syrups containing low quantities of codeine, Lyrica.
what drugs cause the most/ least deaths?
most- alcohol
least- marijuana
what drugs has the most/ least harm to self/ others?
most to self- alcohol
most to others- alcohol
least to self- mushrooms
least to others- mushrooms
American attitudes towards marijuana
most Americans now believe the government should focus on treatment rather than punishment, marijuana should be legalized, and alcohol is more harmful than marijuana.
