POL201 Final Paper (I need this back by 8pm Central Standard Time 7/30/2018

Controlled Substance Act of 1970

Marshakie Applewhite

POL-American National Government

Ashford University

Kevin Eirich

July 22, 2018

Controlled Substance Act of 1970

Introduction

Policies are critical in establishing a framework or roadmap through government and its institutions are able to address the needs of the society. Every government and the jurisdictional institutions, established therein, always endeavor to ensure a socially sound community and flawless delivery of services. The government of the United States of America, through its relevant organs, formulated the Controlled Substance Act of 1970 as a mechanism through which the production, distribution, and consumption of harmful and addictive drugs and substances such as marijuana, heroin, alcohol, and cocaine among other addictive and dangerous drugs are controlled and monitored. The Controlled Drug Abuse Act of 1970, establishes the Federal United States Drug Policy, which in essence is critical in regulating the manufacture, importation, possession, use, and distribution of the substance. Contemporary drug policy in the United States of America attempts to control the distribution and prevent the use of depressant, stimulant and hallucinogenic compounds that could be abused and determine if the compounds served any medical purpose, tightly controlled distribution system would have to be put in place. The United States of America has a complex and multifaceted system of governance, as anchored in their constitution, which makes it difficult to address the issues of the policymaking process, with regard to the principles of separation of power and checks of balances. The principle of separation of power, as envisaged in the law, breeds the spirit of checks and balances in any jurisdiction. This is a critical aspect or consideration in the formulation and implementation of policies. It is through these aspects of the law, that impartial and constructive policies, such as the drug policy, are developed by the responsible arms of government.

Historical and Constitutional Background

The historical foundation of the structure of the government of the United States of America is rooted on the developments of the post-colonial period. After their independence, the colonies decided to form a confederation of states, which were governed by the articles of confederation (Fritz, 2007). It is opined that the confederation collapsed because states were given more powers than the central government, hence making the central government incapable to contain most of the mob uprisings such as Shay's rebellion. The confederation also had no president. Critical thinkers of the frontier during that time began to believe that the confederation articles were not effective (Fritz, 2007). Thinkers such as Washington, James Madison, Gouverneur Morris as well as Alexander Hamilton led the writing of a constitution in 1787, which would lay the foundation for the federal system of government; which is the current constitutional structure of government of the United States of America. The federal government has three arms; the executive arm, the legislative arm, and the judicial arm. Each branch of the government has designated functions, which in one way or another anchors the concept of checks and balances (Oleszek, 2013).

In the late 19th century, the use of recreational and medicinal drugs was prevalent, and the federal government did not involve itself in regulating and restricting the drugs. No federal agency regulated the use of any drugs. Doctors prescribed cocaine and morphine to patients to patients for pain treatment. There was strong opposition from state officials and patent medicine firms towards the attempts to establish federal control over drugs. The federal control of drugs took shape in the onset of the 20th century (Hakim & Beckley 2011). The federal government proposed to control and regulate drugs by taxation. In 1914 the Harrison Narcotics Act allowed for manufacturers, importers, and distributors of opium and cocaine to register with the Treasury and pay a special tax on the drugs and keep a record of transactions (Zepeda & Rosen, 2014). The Act led to many physicians being prosecuted and jailed. The Marijuana Tax Act of 1937 led to the unofficial ban of marijuana by the Federal Bureau of Narcotics (FBN). The enforcement of the drug policy was mainly carried out by local police with the occasional assistance of the FBN, and the use of publicity and warnings on the dangers of narcotics was used to regulate drug use.

The comprehensive drug law classified substances that were controlled under schedules which included how dangerous the drugs are, if there is any legitimate medical use and, the potential for the drugs to be abused. Congress passes crime legislation in 1984 which enhanced penalties for CSA violations, and the CSA was amended to establish general criminal provisions for some felony drug violations. The Anti-Drug Abuse Act in 1986 pursued the enforcement action against the illicit synthetic drug trade. The 1986 Act established mandatory minimum penalties for some federal drug trafficking offenses. The Anti-Drug Abuse Act of 1998 was passed by Congress to coordinate federal agencies efforts to reduce drug supply and demand.

Checks and Balances

In assessing the essence of Controlled Drugs Act of 1970, in enhancing the process of checks and balances it is essential to consider the factors associated with the process of development of sound health policies (Longley, 2018). In most cases, decision-making processes, involved in the making of the drug policies consider the available ethical issues as well as available data with regard to the effects of individual drugs and addictive substances. Therefore, most interest groups, as well as government institutions, conduct an individual institutional assessment of data as well as the ethical issues on display, in order to develop an agreeable policy. The most essential aspect of the separation of powers, as envisaged in the constitution of the United States of America, is the desire to ensure the existence or proper operations of the principles of checks and balances in the government. All arms of the government have roles to play in the process of policymaking. The executive arm of the government is placed in a better position to influence the direction of the formulation of the policies, as well as its implementation. It has however been opined that the legislative arm of government is at a better place to spearhead the process of formulating the drug policies, both at federal and state levels of the government. This is due to the fact that the legislative systems are considered impartial and accountable to the public. They also possess the capacities to collect data from broad sources and analyze such data. In fact, the legislative entities are the ones mandated by the constitution to protect and promote the health of citizens.

Checks and balances are required to control the abuse of drugs. The federal government launched an initiative in 2015 directed at reducing the misuse of opioid. This was to be done through the promotion of more cautious and responsible prescription of opioid medications. The center for disease control and prevention published guidelines for prescribing opioids for chronic pain, and this was to establish clinical standards to balance benefits and risks of chronic opioid treatment (Marcy, 2010). Physicians are required to balance the legitimate medical needs of patients with the potential risk for misuse and to reduce nonmedical use of prescription drugs.

Legislation legalizing medical and recreational marijuana has been passed by some states. States that have authorized the use of marijuana are required to regulate the practice effectively, and if they are not effective then the federal government will intervene. The laws of various states require that one has to have a recommendation from a doctor to obtain marijuana from various marijuana dispensaries (Swartz, 2012). Proper identification documents are required in the marijuana dispensaries to ensure there are no underage customers. Congress can establish a federal monopoly on the sale and distribution of marijuana, and this would minimize the size of the black market.

Public Policy, Elections, and the Media

The public policy on drugs with the potential to produce dependence such as nicotine and opium has shifted as the United States of America advances in principles. The changes in the public policy have resulted from changes in the perception of the relative social and health consequences associated with the use of drugs. The public policy has shifted focus to supply-side strategies such as interdiction and international control and less on demand reduction through prevention and treatment. Proposals such as those of decriminalization and legalization of certain drugs have been initiated. There have been calls for increased restrictions on marketing and availability of drugs sold under controlled conditions such as alcohol and tobacco.

The drug policy affects the U.S. elections. The drug laws in existence may be changed by a new leader, and this is a factor that is considered by voters as they go to vote. A new government may be able to implement some changes in the domestic drug policies. Some states such as Washington were hopeful that Obama winning the 2008 election would lead to the ending of decades-long war on drugs showing that the drug policy was a major factor in the state of Washington voting for Obama. Obama had promised to change the disparity in sentencing between crack and powder cocaine and reverse the government’s stance on medical marijuana laws.

Media shapes public opinion and has a significant role in political debate. Media sets the agenda and defines public interest and indirectly shapes individual and community attitudes towards risks and feed into decision making and political debate. Media builds consensus about issues that are most important in the community in regards to the drug policy, and they can define the type of solutions by what they choose to present to their audience. Media has portrayed the drug policy negatively by continuing to air alcohol advertisements and shows with a tolerance for drug abuse.

Voting and the election process

The drug policy has allowed for candidates to openly talk about drugs in public during campaigns. There are small changes in the drug policies such as the narrowing of the sentencing disparity between powder cocaine and crack cocaine. Elected officials have initiated changes to the current drug policy and also proposed the legalization and decriminalization of drugs in their states especially marijuana. Obama upon being voted for a second term proposed that spending by his government would be on reducing demand rather than reducing supply and would mean arresting of drug cartels and drug dealers. The election process allows for the drug policy to be changed by elected members and voters consider a candidate’s stand on the drug policy before voting for them.

The influence of the partisan groups in the process of the formulation of the drug policies can never be underrated. The partisan interest is likely to influence the manner in which the legislatures view the drug policies (Anthopoulos et al., 2016). Groups with interests in the drug policies can influence the election of members of the legislative arms of the government; and ends up influencing the process, content, and spirit of the drug policies (Wahlke, 2017). The legislatures are considered to be sensitive to diverse well-organized interest groups. This has also extensively influenced the manner in which politics is played. As noted, the social and health impacts of drug abuse have been the primary issues considered during debates on drug policies.

Conclusion

A drug policy controls and regulates dangerous and addictive drugs. The use of recreational and medicinal drugs was popular in the late 19th century. There was no federal agency to regulate drug use until the onset of the 20th century. The federal government started to regulate drug usage by taxation. Congress began to support medical approaches to address drug abuse. Several public and private bodies are involved in the process of making or formulating drug policies. However, the critical three arms of government as envisaged in the Constitution of the United States of America are the primary participants. Through this, the principles of checks and balances, as anchored in the law are also achieved and practiced. The debate on drug policies have had substantial influence in the voting and election patterns in the United States of America; enormously based on the quality of policies advanced by each political outfit. The Media portrays the drug policy positively and negatively. Advertisements on drugs such as alcohol are heavily carried and in the same time consequences of drug use are shown. The drug policy is impacted by the voting and election process as new leaders will initiate changes to the policy and voters will consider a candidate’s stand on the drug policy before casting their vote. The drug policy should take a new approach by banning all the drugs and leading ensuring a complete reduction in drug usage.

References

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Marcy, W. L. (2010). The politics of cocaine: How U.S. foreign policy has created a thriving drug industry in Central and South America. United States: Chicago Review Press.

Oleszek, W. J. (2013). Congressional procedures and the policy process. Sage. Retrieved from https://www.barnesandnoble.com/w/congressional-procedures-and-the-policy-process-walter-j-oleszek/1124293200?type=eBook on 7/19/18

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