The drug policy in the United States is the activity of the federal government relating to the regulation of drugs. Starting in the early 1900s, the United States government began enforcing drug policies. These policies criminalized drugs such as opium, morphine, heroin, and cocaine outside of medical use. The drug policies put into place are enforced by the Food and Drug Administration and the Drug Enforcement Administration. Classification of Drugs are defined and enforced using the Controlled Substance Act, which lists different drugs into their respective substances based on its potential of abuse and potential for medical use. Four different categories of drugs are Alcohol, Cannabis, Opioids, and Stimulants.
History
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. 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.
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 "Just Say No" campaign was started by first lady, Nancy Reagan in 1984. The campaign intended to educate the general population on the risks associated with drug use. 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. Although these additional laws increased drug-related arrest throughout the country, they also incarcerated more people of color than whites.
In the next two decades, forty of the fifty states enacted legislation that reduced the punishment and sentencing for drug offenses. In 2010, the Fair Sentencing Act was passed. This legislation specified the punishment endured by crack cocaine and powder cocaine users.In 2020, Oregon passed the Ballot Measure 110 which decriminalized possession of any drug in small quantities. This drug liberalization policy was the first of its kind the in United States and served as an experiment of sorts. Oregon had intended to reduce drug use and overdose with this new policy, however it has seemed to do nothing of the sort. Just two years after implementation, Oregon had one of the highest percentages of adults with substance-abuse disorder in the United States.
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. The scheduling for the Controlled Substance Act can be changed by Congress or the DEA. The most common way for the scheduling of a substance to be changed is through legislation done by Congress. A substance can be changed to be placed in the control section, be removed from the control section, or have its classification changed. Enforcement of American drug policy has been criticized as disproportionately targeting racial minorities.