Written
Assignment #5: Drug Control Laws
Leslie
K. Penny
Chancellor
University
Abstract
There have been many
laws implemented by congress over the years to better the fight against the war
on drugs. With the insistence of
President Nixon, congress combined the drug regulation bureaus into one called
the Comprehensive Drug Abuse Prevention and Control Act of 1970, which
encompasses Title II, the Controlled Substance Act of 1970. The Controlled Substance Act encompasses five
schedules of classification for controlled substances on the basis of the
drug's potential for abuse, potential for physical and psychological
dependency, and its medical value. The
five schedules include the penalties incurred as well as a ranking of the
violations. The act also regulates the
manufacture, importation, possession and distribution of certain drugs. CSA has been altered to suit the war on drugs
since its inception in 1970 which benefits the ones that serve in the
fight.
Written
Assignment #4: Drug Control Laws
There came a point
in time, to be specific, the late 1960's, when congresses advancement to the
nation's drug problem wasn't enough for those in our society who wanted
stricter laws and a more powerful government to implement them. Therefore, in 1968, President Johnson requested that congress come up with
something better. Congress did away with
the Federal Bureau of Narcotics and the Bureau of Drug Abuse Control making way
for a new program called the Bureau of Narcotics and Dangerous Drugs. But with the new program as well as other
federal agencies that were somewhat involved in drug regulation became too
confusing, so, two years later, by request of the next president in line,
President Nixon, congress combined all the regulations into a single statute
called the Comprehensive Drug Abuse Prevention and Control Act of 1970, which
encompasses Title II, the Controlled Substance Act of 1970, (http://www.answers.com/topic/controlled-substances-act-1970).
The purpose of the Controlled Substance Act is to
"regulate the manufacture, importation, possession, and distribution of
certain drugs," (http://ezinearticles.com/?The-Controlled-Substances-Act&id=1229824)
which has "five schedules of classification for controlled dangerous
substances on the basis of a drug's potential for abuse, potential for physical
and psychological dependence, and medical value," (Saferstein, 2007, p. 265). Each of the five schedules include the
penalties incurred as well as a ranking of the violations. The substances were ranked "by balancing
potential for abuse against medical usefulness," (http://www.answers.com/topic/controlled-substances-act-1970).
According to our reading material, Schedule 1drugs are
those that have an elevated potential for abuse and are currently not used in
the United States for any medical reasons nor as a safe medical treatment. Drugs included in this schedule are heroin,
marijuana, methaqualone, LSD and
according to http://ezinearticles.com/?The-Controlled-Substances-Act&id=1229824,
also include GHB, MDMA, psilocybin, peyote and mescaline. Schedule one drugs have a manufacturing quota
set by the attorney general and the criminal penalty is a "first offense
punishable by up to 20 years in prison and/or up to a $1 million dollar fine
for an individual or up to $5 million for other than individual,"
(Saferstein, 2007, p 265-266).
Schedule II drugs also have a high potential for abuse
but are accepted for medical use with severe restrictions with the potential
for severe psychological or physical dependency. Drugs included in schedule II are opium and
its derivatives not listed in schedule I, cocaine, methadone, phencyclidine
(PCP), most amphetamine preparations, and most barbiturate preparations
containing amobarbital, secobabital, and pentobarbital. Dronabinol is also included in schedule II,
which is the synthetic equivalent of the active ingredient in marijuana, for
its growing medical uses in the treatment of glaucoma and chemotherapy patients
(Saferstein, 2007, p. 266). The book
states schedule II drugs are also a first defense like schedule I and the
penalty is the same, up to 20 years in prison and/or up to $1 million for an
individual or up to $5 million for other than an individual.
Schedule III drugs have a less likely potential for abuse
than the ones in schedule I and II. They
are accepted for medical use in the United States and have a low or moderate
physical dependency or a high psychological dependency. Substances covered under schedule three
include "Ketamine, anabolic steroids, codeine (http://ezinearticles.com/?The-Controlled-Substances-Act&id=1229824),
and all barbiturate preparations, except Phenobarbital. The penalty for schedule III drugs is 0-5
years in prison and/or up to a $250,000 fine (Saferstein, 2007, p. 267).
Schedule IV drugs, in comparison with schedule III drugs,
have a lower potential for abuse and are also used in the United States for
medical purposes. Abuse of these drugs
could lead to a limited dependency compared to those in schedule III. Drugs in this schedule include propoxyphene
(Darvon); phenobarbital; and tranquilizers such as meprobamate (Miltown),
diazepam (Valium), and chlordiazepoxide (Librium). The penalty for these drugs is 0-3 in prison
and/or a $250,000 fine (Saferstein, 2007, p. 267).
Lastly is Schedule V.
These drugs must show that they have a low abuse potential, are
medically used in the Unites States and have a lower dependency potential then
schedule IV drugs. Drugs under this
schedule include certain opiate drug mixtures that contain non-narcotic
medicinal ingredients. The penalty for
these drugs is 0-3 years in prison and/or a $100,000 fine (Saferstein, 2007, p.
267).
The CSA also goes into detail on its policy for designer
drugs which are "substances that are chemically related to some controlled
drugs and are pharmacologically very potent" (Saferstein, 2007, p.
267). These drugs receive the same
penalty as schedule I drugs to help combat their prevalence in the United
States. These substances are made by
much skilled individuals in secret labs who believe their drug will not be
covered by the schedules listed above.
These types of drugs have killed numerous people due to overdose but as
they become known they are placed in the appropriate schedule (Saferstein,
2007, p. 268).
To conclude, this writer believes the Controlled
Substance Act accomplished as much of its purpose as humanely possible. The schedule system provides categories for
the legal community to use in their continuing diligence to prevent and control
the abuse of drugs. It provides a
penalty system for the courts to use.
Regulating the manufacture of drugs is a bit more difficult, except in
the pharmaceutical community, due to the fact that criminal labs are in
abundance but it is assumed it is being regulated with diligence. Laws were set up in accordance with the CSA
concerning importation. It's naive to assume
that all drugs that are being imported in the Unites States are found but the
system eliminates the problem as much as possible. And, of course, possession and distribution
is an ongoing fight that has no end in sight.
The penalties that are in place are there to deter criminals but that is
never a guarantee the criminal will adhere to the laws after the fact.
Reference
Saferstein, R. (2007). Criminalistics: An introduction to forensic
science (9th ed.). New Jersey: Pearson
Prentice Hall.
Devine,
J. (n.d.). ezinearticles. Retrieved 06 08, 2012, from The Controlled
Substances Act: http://ezinearticles.com/?The-Controlled-Substances-Act&id=1229824
Gale's Major Acts of Congress. (2004). Retrieved
06 09, 2012, from Major Acts of Congress: http://www.answers.com/topic/controlled-substances-act-1970
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