Week 5

Pro Legalization Argument

  • violent crime + violence less frequent as users do not need to commit crime to obtain drugs

  • decrease burden to criminal justice system and reduce jail overcrowding

  • people already use drugs in moderation and abstain

Against Legalization

  • increase use and addiction and incidence of crime

  • increase burden to healthcare system as drug use increases

Types of Legalization

  • Selective legalization

    • eliminate harsh penalties for those drugs of abuse that are least likely to cause addiction

  • control of substances of abuse by prescription or through approved outlets

    • have illegal drugs controlled by physicians and trained clinicians rather than by law enforcement agencies

  • ciscretionary enforcement of drug laws

    • allow greater discretion by judicial systems for prosecution and sentencing of those who violate durg laws

Legalization

  • mostly applies to marijuana

  • state and federal laws vary from full legalization for rec use to legalization only for medical use

  • florida

    • 2016: 72% of Florida voters approved Amendment 2, legalizing medical cannabis for patients with a qualifying condition and a certification from a Florida doctor.

    • 2024: 56% of Florida voters cast their ballots for cannabis legalization — though it was shy of the 60% supermajority needed for Amendment 3’s passage

Decriminalization in Application: Oregon, Measure 110

  • decriminalized possession of small amounts of drugs, making it civil infraction with potential fine rather than criminal offense

    • challenges: faced criticism and backlash due to concerns abt percieved role in rising durg use and overdose deaths

    • repeal: measure 110 repealed in 2024 and replaced with hb 4002

      • hb 4002 recriminalized posession, provided funding for treatement and provided resources and pathway for treatment > jail time

Controlled Substances Act, 1970 and the War on Drugs

  • was originally developed to fund drug research with focus on drug rehabilitation and drug education

  • superseded and replaced all prior drug legislation

  • authorized increased funding for public services hospital

  • focus on research (2 year study to be confucted by national comission on marijuana and drug use)

  • however, when act was passed it was clear that priority and focus was mainly in enforcemen, not education research and drug abuse

  • primary impact lay in establishing categories of controlled substances or a program of schedules which led to punitive responses to drug use

Controlled Substances Schedules

The Nixon Administration

  • Nixon only president whose domestic commitment to rehabilitation and treatment than to enforcement

  • after reelection, he switched it up tho bc public sentiment was more in support for punishment rather than drug treatment

  • despite evidence that methadone programs programs working

Reagan Years 1981 to 1989

  • Under Reagan, War on Drugs centered and the foundation of current drug policy

  • Reagan emphasized enforcement

  • drugs = crime gains support during reagan era criminalization of drug use and users gains rapid traction

  • incarceration is seen as the appropriate solution to drug use

  • during 1980s and 90s pro parent antidrug movement most powerful non governmental force

Reagan Years 1981 to 1989

  • Reagan drug advisor rejected distinctions between hard and soft drugs and recreational users

    • all drugs were treated and seen as equally dangerous

    • treatment sent message that drug abuse was acceptable

    • only govt involvement in drugs should be law enforcement

Reagan Years 1981 to 1989

  • Anti Drug Abuse ACt of 1986

    • mandatory minimums for cocaine posession

    • bill had 100 to 1 discrepancy between volume of powder v crack cocaine necessary to draw a 5 to 40 year sentence

    • The penalty was the same for possession of 5 grams of crack as for 500 grams of powder cocaine.

    • anti drug abuse act of 1988 expanded the 1986 act and called for the death penalty for major drug trafickers, money launderers and asset forfeiture for drug dealers along with adding an overly broad definition of conspiracy

      • increase of people convicted of low level or non violent drug offenses facing mandatory and lengthy prison sentences

    • during early 200s nationwide fervor to apprehend drug offenders diminished but legacy of incarceration remains

Goode The Controlled Subtances Act

  • Goode was a contributor on the funded National Commission on Marijuana and Drug Abuse research that was funded by the Controlled Subtances Act’s original purpose to address drug research

  • Recommendations by the research

    • decriminalization of marijuana, ignored by Nixon

  • National Institute on Drug Abuse authorized to become the primary agency for drug research, education and prevention

  • “However, when the Controlled Substances Act was passed, it became clear that its priority lay mainly in enforcement, not education, research, or rehabilitation. “

    • How did they do this

      • replaced Bureau of Narcotics and Dangerous Drugs to the Justice Department and increased it by 300 agents

      • Primary impact from scheduling system, schedule based on potential abuse and medical use determined by federal govt

        • argues that there is a disconnect between potential for abuse drugs listed and the science

  • Nixon promoted strict enforcement but was actually the most pro rehab president because his advisor had liked the methadone program and bc a bunch of white boys (he said 10% but it was inflated and it was 4%) came back from vietnam on heroin and it wasnt a good look to lock them all up

  • seizures of drugs were up with elimination of french connection and turkey banning poppy prod

    • nixon was reducing demand and supply

    • most of federal budget was for treating while the other 3rd was for seizure and enforcement

  • 1973- Rockefeller unveiled harsh punitive laws to eliminate plea bargins and parole for selling heroin worse than murder

    • changed nixons approach slightly bc voters really liked rockefellers plan and a federal version was drafted that was less strict (Heroin Trafficking Act that created the DEA)

  • After Watergate, Ford becomes Prez and does not care about drug treatment or enforcement. treatment money declines

reagan years

  • drug use was declining while drug arrests increased by 70%

  • zero tolerance policies pushed by robert dupont '

  • reagan advisors rejected distinction between hard and soft drugs and rejected distinction ebtween hard core and recreational drugs

    • also rejected morality of treatment and believed govt should only be enforcers

  • nancy reagan following PR disasters took up the anti drug speaking tour cause “Just Say No”

  • drug treatment money shrinks to 1/5th of what it was during 1973

  • crack epidemic explodes during the 80s, and the deaths of len bias and don rogers a week apart

  • NYC Mayor at the time prposes death penalty for dealers who posess cocaine or heroin and NY Gov Couomo called for life sentence for anyone who sells 3 vials of crack

  • Anti Drug Abuse Act of 1986

    • produced durg enforcent, stiff federal sentences and penalties against drug producing nations that didnt participate ine radication programs

    • also introduced mandatory minimums

    • The penalty was the same for simple possession of five grams of crack as for 500 grams Uust over a pound) of powder cocaine

  • Anti Drug Abuse Act of 1988

    • called for death penalty of major traffickers

  • Priority for enforcement over treatment has never gone away, but in the 2000s arresting drug users have been less popular

Legacy of Nixon and Reagan

  • important to note that Presidents do not create drug laws, and most of drug laws and enforcement are state over federal but they do lead an important influential and policy

Incarceration for Drug Offenses

  • Some have just been anested st1 d are about to be released on bail; others don't have the money to make bail and will : n held until they are convicted-some, for petty crimes, others, for serious crimes, which usually leads to their imprisonment in a state penitentiary (about jails)

  • state penal institutions hold most violent and property offenders

    • over 700,000 inmates who were convicted of violent offense were incarcerated in a state penitentary

    • prominent place that drug offenses play in feeding people convicted of drug crimes into the nation's jails and prisons. But it's a selective process. Relatively few drug offenders are in state institutions (14.8%), about a quarter in local jails, whether already convicted or not yet convicted, were arrested for a drug offense; of the federal inmates, between a third and half ( 44.2%) were convicted of a drug offense.



PROPOSED SCHEDULE

LEGAL/ILLEGAL

REASONING

DRUG 1

 Schedule 4

 Legal

 The main reason why I chose Schedule 4 is because the drug seems to have a lower potential for abuse relative to the description of schedule 3. Instead of having a high psychological dependence, it has a mild dependence. Furthermore, there is no physical dependence mentioned, and there seems to be a legitimate medical use for it, so it should not be illegal.

DRUG 2

 Schedule 1

 Illegal

 The main reason I chose Schedule 1 is because there does not seem to be any necessary medical use for this drug, and the side effects and precautions, especially the physical and mental deterioration associated with long term use. Furthermore, this drug has a high potential of abuse as it is noted that many who use it develop a psychological craving for it. This drug also can counteract the effects of other drugs, which makes it more dangerous for the user and adds to the lack of medical necessity for it. This drug also requires higher doses due to tolerance levels, while higher doses can cause violent behavior, thus making a user a danger to themselves and others. Due to these factors, it should be legal.

DRUG 3

 Schedule 2

 Legal

 I chose Schedule 2 for this drug because of the classification of Schedule 2 drugs as “high abuse that may lead to severe physical dependence and psychological dependence” (Powerpoint). This drug is noted as “some” who use it may develop strong physical and psychological dependence. Since the “some” and “may” are noted, I do not think it requires the same scrutiny as a Schedule 1 drug. Furthermore, I believe it should be legal because other than not being allowed to operate heavy machinery, there is does not seem to be a legitimate risk for those around the user.

I believe that the drug scheduling framework is too subjective, and who created it makes this evident. Although the scheduling was created by the Controlled Substances Act that funded both research and enforcement, Goode notes that the primary research arm of Controlled Substances Act was the the National Institute on Drug Abuse who did not create the drug scheduling system (Goode 1). By not having the dedicated drug researchers create the scheduling system based on science, the determination of the science lies in the hands of state and federal enforcement. I do not think that this framework is effective. I think that the only framework that will be effective at classifying illegal and legal drugs would be one based on potential physical and psychological harm to the user and others, determined by solely by scientists, and the enforcement would not be subjective based on state and federal officials. The main purpose of Goode’s article is to show how despite the existence of the scheduling system, enforcement has changed over time depending on the views of the leader. The most prominent example by Goode being the difference between Nixon who focused on treatment and Reagan who focused primarily on enforcement (6). Even with Nixon, when he saw that Governor Rockefeller’s increasingly punitive measures on drug crimes associated with drug classification was popular with voters, he followed suit (4). I think changing the classifications to be purely determined by scientists at the National Institute for Drug Abuse and allowing scientists to determine the realistic punitive measure (treatment vs punishment) would be the best way to revise this system.


After reviewing each drug scenario and filling out the chart for drugs 1 – 3, please answer the following question:
1. What is your assessment of the current drug scheduling framework? Do you believe this framework is the most effective way to classify legal and illegal drugs? If you were tasked with revising the framework, what changes would you implement? Explain and support your reasoning with course concepts and material.