Chapter 3 Drug Policy Flashcards
Average American in 1900
- about 90% could read or write at least a little, but only 15% graduated from high school
- if you were born in 1900, your life expectancy was around 47; if you were 10 in 1900, your life expectancy was about 60
- their main source of news was the newspaper; radio wouldn’t commence for 20 years
- babies were born at some and there was little routine medical care of vaccinations
Patent medicines
- sold freely for vaguely defined illnesses and often contained cocaine, codeine, alcohol, or some combination.
- it is entirely possible that much medication success had a lot to do with the placebo effect
- with no laws to govern manufacture, ingredient information or advertising claims, the buyer was at some disadvantage
Limited effective drugs
- relatively few drugs actually produced effects, and the negative effects of morphine and cocaine were not well understood
- the invention of the hypodermic needle and syringe in the 1850s was a great advance in treating pain, but it also made dependence much more likely and more common
- dependence on morphine did not pose significant health risk so many people continued to use it to avoid withdrawal
- morphine addicts were not unusual and morphine dependence was considered a medical issue; morphine addicts were pitied rather than considered degenerates
Instrumental impact of legislation
refers to changes, both good and bad, that are the result of enacting the legislation
Symbolic impact of legislation
affects those who advocate for a position in terms of votes, admiration, and support. Legislation does not even need to be passed to have symbolic impact
1906 Pure Food and Drug Act
- a response to uproar caused by Upton Sinclair’s “The Jungle”
- mandated that all foods, beverages, and drugs have the ingredients clearly labeled in decreasing order
- the advertising claims didn’t have to be accurate and the drugs or food didn’t have to be safe; they merely had to list the contents
1912 Sherley amendment to the PFD Act
- made “false and fraudulent” claims on medicine bottles unlawful
- the way the law was written, however, required that the manufacturer was liable only if they KNEW the claims were false
1914 Harrison Narcotic Act
- intended to regulate and draw tax income from opiates and cocaine
- set the precedent of a prescription as necessary to access certain medication; physicians could prescribe these items for legitimate medical purposes
- suppressing withdrawal symptoms was soon seen as an illegitimate use of the drugs; physicians who prescribed opiates for this use were prosecuted, so a black market was born
1922 Jones-Miller Act
- imposed serious penalties for illegal possession of opiates or cocaine
- The Narcotics Division was aggressively enforcing their interpretation of the Harrison Act and arrested many physicians accordingly
- opiate users were now considered morally weak and legal focus was now on removing the substance rather than treating the user; approach continued until 1925
Controlled Substances Act of 1970
created a way of classifying controlled substances that placed them into categories (or “schedules”) based on the drug’s medical use and its abuse liability
- a drug was placed in Schedule 1 if it had no recognized medical use and high abuse liability
- lower schedules indicate that the drug has legitimate medical uses
Prohibition
- prior to the passage of prohibition, alcohol consumption was common; almost everyone drank and they drank a lot
- statewide prohibitions generally didn’t last long
- a variety of forces supported the idea of a nationwide ban on alcohol use and the 18th amendment was passed in 1919
- ## in 1933, the 18th amendment was repealed
The DEA
- created in 1973 after the Controlled Substances Act in 1970
Schedules of common drugs
I: heroin, marijuana, MDMA, LSD
II: cocaine, oxycontin, pentobarbital, adderall
III: anabolic steroids, ketamine, marinol
IV: benzodiazepines
V: “lightweight” painkillers with minimum of codeine
1938 Food Drug and Cosmetic Act
- in response to a series of poisonings by an antibiotic “elixir” which had a dangerous solvent
- mandated that products intended as drugs be tested for safety in order to be marketed; mandated instructions for use on the label or a statement that the drug was to be used as prescribed
- changed the role of the FDA into a regulatory agency. The FDA reviewed safety information pre-market and could prevent marketing if the information wasn’t satisfactory
- the FDA could now recall drugs that were ineffective or dangerous
Changes in drug law after 1970
- mandatory minimums, which were removed in the Controlled Substances Act, returned in the 1980s
- in 1986, the penalty for 5 grams of crack cocaine was that of 500 grams of powder cocaine: a 100:1 difference. This was changed by the Fair Sentencing Act to 18:1