current federal drug laws: explanation and implications for educators

CURRENT FEDERAL DRUG LAWS: EXPLANATION AND IMPLICATIONS FOR EDUCATORS

STEPHEN J. JERRICK, B.A.,* JOHN H. LANGER, Ed.D.,t MATTHEW C. RESICK, 1’h.D.T and AIRS. S U E BoE, nl.A.8

Teachers and guidance counselors who either teach groups of students or give individual advice about drug use and abuse should become familiar with the latest legislation which deals directly with the control and penalty structure for the illegal use or distribution of drugs, with the rehabilitation of individuals ivho are dependent upon drugs, and with drug education programs for the public.

Drug usage has been under federal control since the passage of the Pure E’ood and Drug Act of 1906. The Harrison Narcotic Act, passed in 1914, was enacted as an attempt to solve the narcotic abuse problem which stemmed not only from the indiscriminate use of morphine during the Civil War but also from the spread by Chinese immigrants of opium smoking to the western states, and from the importation of heroin as a medical substitute for morphine after its discovery in Germany.

Between 1914 and 1970, there were a t least thirteen niajor federal laws which dealt either wholly or partially with the control of the use of drugs outside the realm of medical practice. Most of the provisions of these laws are now contained in Public Law 91-513, passed by the ninety-first session of Congress. A second law dealing with education, the Drug Abuse Educa- tion Act, also was passed.

Compreheizsiue Drug Abuse Prevention and Control Act

Public Law 91-513, originally known as House of Representatives Bill #18583, was signed by President Nixon on October 27, 1970. Com- monly referred to as the Comprehensive Drug Abuse Prevention and Control Act, the law con- tains four major sections or titles. Title I, “Re- habilitation Programs Related to Drug Abuse,”

*Research Associate, American School Health Asso- ciation.

?Chief, Preventive Programs Division, Bureau of Nar- cotics and Dangerous Drugs, U S . Department of Justice, Washington, D.C.

fAssociate Dean, School of Health, Physical Educa- tion and Recreation, Kent State University, Kent, Ohio.

Sllirector of Consumer Services, Pharmaceutical Manufacturers Association, Washington, D.C.

authorizes the Secretary of Health, Education and Welfare (HEW) to make grants to the states, political subdivisions of the states, and public or nonprofit private agencies or organizations for

(1) the collection, preparation, and dissemi- tion of educational materials dealing with the use mid abuse of drugs and the prevention of drug abuse, and ( 2 ) the development and evaluat,ion of programs of drug abuse education directed at the general public, school-age children, and special high risk groups.’

According to this section of the law, funds are authorized# to be appropriated for the following activities:

$180 million is authorized for a three year period for community mental health facilities for treatment and prevention programs.

$29 million is authorized for drug education activities. $89685 million is authorized for special facilities in geographic areas having a high percent- age of narcotic addicts and drug dependent persons. This will focus primarily on the inner city areas.

The complete funding authorizat’ion is as follows : Department of Health, Education and Welfare

health centers. . . . . . . . .1971, $ 40 million 1972, $ 60 million 1973, $ 80 million

3 million 1972, $ 12 million 1973, $ 14 million

Special projects. . . . . . . . , ,1971, $ 20 million 1972, $ 30 million 1973, 96 35 million

1.

2.

3.

Community mental

Drug abuse education . . . .1971, $

Total $294 million

*U.S. Congress, House, Comprehensive Drug Abuse Pre- vention and Control Act of 1970, H. I t . 18583, 91st Cong., 1970, p. 3.

#Note: Although the Act authorizes appropriations, at this writing, budget requests by the President have jus t been submitted and no appropriations bllls for this purpose have been introduced in the House. The actual level of funding for these programs will not be known until Congress acts.

The Joiirnal of School Health-November, 1971 459

Department of Justice. . . . , ,1972, $ 60 million 1973, $ 70 million 1974, $ 90 million

$ 18 million Total $238 million

Commission on hIarijuaria . . $ 1 million

$6 million each year for enforcement personnel. .

Grand Total $533 million

Title 11, “Control and Enforcement,” provides for control by the Justice Department of the illegal importation, manufacture, distribution, and possession and improper use of controlled substances. This section provides for regulations designed to stop the illicit flow of such substances in interstate and intrastate commerce. The illegal importation arid exportation of controlled substances on the international level is regulated by Title I11 of the law.

A controlled substance, as explained by Public Law 91-513, is a drug or other substance included in any of the five schedules of drugs established by this law. The Attorney General has been given the authority to place a substance in one of the categories or to change a drug from one category to another. However, he must obtain, in writing, an evaluation of the medical arid scientific considerations of that substaiice from the Secretary of HEW before classifying or chang- ing a drug in a category. Thus, “if the Secretary of HEW determines . . . that the drug should not be controlled, the Attorney General may not control the drug.”f

When classifying a substance, the Attorney General must consider the following factors :

1.

2 .

3 .

4.

5.

6.

7.

Its actual or relative potential for abuse.

Scientific evidence of its pharmacological effect, if known.

The stage of current scientific knowledge regarding the drug or other substance.

I ts history and current pattern of abuse.

The scope, duration, and significance of abuse.

What, if any, risk there is to the public health.

I ts psychic or physiological dependence liability.

*Bureau of Narcotics and Dangerous Drugs, BNDD Washington, D.C.: Govern- Bulletin, Nov.-Dec., 1970.

ment Printing Office, 1970, p. 5.

460

8. Whether the substance is an immediate precursor of a substance already controlled under this title.3

The drugs that come under jurisdiction of Title I1 arc divided into five schedules:

Schedule I Substances Drugs in this schedule have a high potential

for abuse and no currently accepted medical use in the United States. Some examples are hal- lucinogenic substances such as marijuana, lyser- gic acid diethylamide, peyote, mescaline, psilocybin, tetrahydrocannabinols, arid certain opiates or opiate derivatives such as heroin, keto- bemidone, levomoramide, racemoramide, ben- bemidone, levomoramide, racemoramide, benzyl- morphine, arid nicomorphine.

Schedule 11 Substames The drugs in this schedule have u high abuse

potential, may lead to severe psychic or physical dependence but have a currently accepted medical use in the United States. Most of Schedule I1 substances have been known in the past as Class A Narcotic Drugs. Some examples are: opium, morphine, codeine, methadone, meperidirie and cocaine. In addition, all amphetamines, including methamphetamine, now are included in Schedule I1 other than those combination products accepted by previous federal regulations (21CIcR308.32).

Schedule 111 Substances The drugs in this schedule have a potential for

abuse less than those in Schedule I and 11, may lead to moderate or low physical dependence or high psychological dependence, and have a currently accepted medical use in the United States.

Included are those drugs formerly known as Class B Narcotics, as well as non-narcotic drugs such as glutethimide, phenmetrazine, methyl- phenidate, phencyclidine, the barbiturates (ex- cept barbital, phenobarbital, mcthylphmobar- bital), arid paregoric.

Schedule I V Substances The drugs in this schedule have a low abuse

potential relative to those listed in Schedule I11 and include drugs such as: barbital, phenobarbital, methylphenobarbital, chloral hydrate, meprobamate, and paraldehyde.

3U.8. Congress, House, Comprehensive Drug Abuse Pre- vention and Control Act of 19Y0, H. 11. 18583, 91st Cong., 1970, p. 11.

The Journal of School Health

Schedule V Substances The drugs in this schedule have a low abuse

potential relative to those listed in Schedule IV, and consist of those preparations formerly known as Exempt Narcotics, with the exception of paregoric (now in Schedule 111) although some combination products containing paregoric are controlled under this schedule. Restrictions for retail distribution of Schedule V substances are not contained within Public Law 91-513 but are contained in subsequently published federal regulations..

The Attorney General is authorized by Part C of Title I1 to execute the rules and regulations regarding Controlled substances and to regulate the registration and control of the manufacture, distribution, and dispensing of controlled substances. He has designated the Bureau of Nar- cotics and Dangerous Drugs to carry out these activities. In effect, this provision requires every person who intends to manufacture, distribute, or dispense any controlled substance to apply for and obtain annually a registration issued by the At- torney General, who, furthermore, is authorized not only to inspect the establishment of each applicant but also is authorized to refuse issuance of registration if it is determined inconsistent with the public interest or with United States treaties, conventions, or protocols in effect.

The penalties for offenses against this law also are stipulated in Title 11. A simplified presenta- tion of these is found in an article which was

.These regulations provide that Schedule V controlled substances ma be distributed without a prescription a t retail provide8that:

(1) Such distribution is made only by a pharmacist and not by a nonpharmacist employee even if under the direct supervision of a pharmacist (although after the pharmacist has fulfilled his professional and legal responsibilities, the actual cash, credit transaction, or delivery may be completed by a nonpharmacist); (2) Not more than 240 cc. (8 ounces) of any such substance containing opium, nor more than 120 cc. (4 ounces) of any other controlled substance listed in Schedule V, may be distributed a t retail to the same purchaser in any given 48hour period; (3) The purchaser is a t least 18 years of age; (4) The pharmacist requires every purchaser of a controlled substance listed in Schedule. V not known to him furnish suitable identification (including proof of age where appropriate) ; (5 ) A bound record book for distributions of controlled substances listed in Schedule V (other than b prescri tion) is maintained by the pharmacist, whicc book s ta l l contain the name and address of the purchaser, the name and quantity of controlled substance purchased, the date of each purchase, and the name or initials of the pharmacist who distributed t,he substance to the purchaser; and (6) A prescription is not required for distrbution or dlspensing of the substance pursuant to any other federal, state or local law.

prepared by the legal staff of the Pharmaceutical Manufacturers Association and which appears in Teaching A bout Drugs: A Curriculum Guide, K-12 (second edition) ; refer to the following table. The criminal penalties for the violations under Public Law 91-513 have been completely revised. Simple possession of any controlled drug has been reduced from a felony to a misde- meanor for first offenders, whereas the penalties for the unlawful distribution or possession with intent to distribute, manufacture, etc. were made more severe.

A further provision of Title I1 is the establishment of the Commission on Marijuana and Drug Abuse The Commission, composed of two members of the Senate, two members of the House of Representatives, and nine persons appointed by the President of the United States, will conduct a study of marijuana including the extent of use of marijuana in the United States, an evaluation of the efficacy of existing marijuana laws, a study of the pharmacology of marijuana and its effects, the relationship between marijuana and use of other drugs, and international control of marijuana. After one year, the Commission has been instructed to report to the President and Con- gress on its study and investigation including recommendations and proposals for legislation and administrative action.

The Commission also will conduct a comprehensive study and investigation of the causes of drug abuse and their relative significance. After two years, the Commission will submit to the Presi- dent and Congress a final report containing a de- tailed statement of its findings, conclusions, and recommendations for legislation and administrative action.

Up to this point this paper has dealt with Title I and 11, which are concerned with the domestic control of drug traffic and abuse. Title I11 deals with international control. Through the registration of importers and exporters of drugs having an abuse potential, Title I11 gives the Attorney General control over the importation and exportation of controlled substances. The most important aspect of this title is a requirement for the establishment of a system of permits and in- voices which must be secured prior to exportation. This system will permit tracing of a shipment from origin to destination, to inhibit diversion of drugs in transit.

Drug Abuse Education Act of 1970 Authored by Congressman Lloyd Meeds (U-

Wash.), the Drug Abuse Education Act of 1970 has as its purpose

The . T o w n 1 of School Health-November, 1971 461

to encourage the development of new and improved curricula in model educational programs and to evaluate the effectiveness thereof; to disseminate curricular materials and significant information for use in educational programs throughout t,he Nation; to provide training programs for teachers, counselors, law enforcement officials, and other public service and community leaders; and to offer community education programs for parents and others on drug abuse problem^.^

Through this law, the Secretary of HEW is authorized to develop, test, and disseminate and evaluate curricular materials, and to initsite, conduct, and evaluate drug abuse education programs to the public and educators. He also has been authorized to allocate $29 million during the next three years for grants and contracts to public and private nonprofit organizations and institutions for community oriented education projects on drug abuse and drug dependence.

The last section of the Drug Abuse Education Act directs the Secretary of HEW and the At- torney General to provide technical assistance to educational institutions and public and private nonprofit organizations in the form of federal agency personnel and information.

Summary Title I1 of Public Law 91-513, commonly

referred to as the Controlled Substances Act, provides long-needed consistency in the federal restrictions on the use of dangerous substances. Proposed regulations were published on March 8, 1971, and took effect on May 1, 1971, when the Comprehensive Drug Abuse Prevention and Con- trol Act of 1970 became effective in its entirety. These proposed regulations were printed in the Federal Register, Vol. 36, No. 80, Part 11, April 24, 1971.

In addition to restrictions, authorizations for prevention, treatment and rehabilitation activities beyond those already authorized under the Pub- lic Health Service Acts is provided. One of the more significant provisions permits establishment of treatment centers for abusers of drugs other than narcotics. Another important provision is the designation of the National Institute of Men- tal Health, at the direction of the Secretary of HEW, to coordinate activities other than enforcement-related training and educational activities.

4U.S. Cougress, House, Drirg Abuse Educataon Act , H. R. 14252, 91st Cong., 1970, p. 1 .

Although the scope of subject matter for enforcement agencies is somewhat limited under this law, still within the province of the Bureau of Nar- cotics and Dangerous Drugs is education and information directed to the public and specific tar- get groups on the problem of drug abuse and drug abuse law enforcement. Similarly, while the comprehensive effort in general public information and education is still the responsibility of the Na- tional Institute of Mental Health, the Drug Abuse Education Act of 1970 provides that funding and responsibility for educational programs be in the Office of Education, and it directs t,he Attorney General to provide technical assistance upon request.

In order to coordinate the act,ivities of the various agencies having responsibilities, the Secretary of HEW has established the Inter- agency Task Force for Drug Abuse Prevention. It is successor to the White House Ad Hoc Com- mittee which previously co-ordinated prevention programs. The Task Force is comprised of representatives of the Bureau of Narcotics and Dangerous Drugs, Department of Defense, Office of Education, Office of Economic Opportunity, Law Enforcement Assistance Administration, Social and Rehabilitation Service, and the Na- tional Institute of Mental Health. Dr. Bertram Brown, Director of NIMH, is chairman of the Interagency Task Force.

Subcommittees have been established which focus on professional and paraprofessional training, community based programming, school and college based programs, mass media programming, materials for pretesting and evaluation, and coordination of the National Clearinghouse for Drug Abuse Information.

The new laws have begun to develop move- ments both inside and outside government which will provide for the coordination of local, state, and national efforts in drug abuse prevention, treatment, and rehabilitation. Hopefully, the results of these efforts will make the drug abuse problem a more manageable phenomenon. The federal government has taken the lead by passing legislation to deal more leniently with first offenders who are in possession of any controlled substance. Model state bills, patterned after the federal law, with some modifications, have been passed by several states and are being con- sidered or introduced in numerous others. Such state laws will provide a more consistent regula- tion, control, and penalty structure for dealing with the problem.

462 The Journd of School Hetilth

Drugs

Nxcotics (e.g., heroin, opium, morphine, cocaine).

Marijuana, Depressants, Stim- ulants, Hallucinogens (e.g., barbiturates, amphetamines, LSD, mescaline, psilocybin, etc.), and preparations containing limited quantities of narcotics (primarily codeine compounds).

Sedatives and hypnotics (e.g., phenobarbital, meprobamate, chloral hydrate, barbital).

All controlled drugs.

Preparations containing limited quantities of narcotics and other non-narcotic active me- dicinal ingredients (e.g., codeine cough syrups).

Marijuana

All Controlled (huge.

Offenses

Unlawful manufacture, distribution, dispensation, or possession with the intent to manufacture, distribute, or dispense.


Unlawful manufacture, distribution, dispensation, or possession with intent to mmufacture, distribute, or dispense.

Distribution of a controlled drug by a person a t least 18 years of age to a person under the age of 21.


Distribution of a small amount for no remuneration.

Simple possession (e.g., possession obtained by means other than directly from a physician, or persuant to a valid prescription).

Federal Penalties

Imprisonment for not more than 15 years, or a fine of $25,000, or both for first conviction; for second and subsequent convictions, imprisonment for not more than 30 years, or a fine of not more than $50,000, or both. Any sentence imposing imprisonment shall impose a special parole term of a t least 3 years (if no prior conviction) or at least 6 years (if prior conviction) in addition to the term of imprisonment.

Imprisonment for not more than 5 years, or a fine of not more than $15,000, or both, for first conviction; for second and subsequent convictions, imprisonment for not more than 10 years, or a fine of not more than $30,000 or both. Any sentence imposing imprisonment shall impose a. spc- cia1 parole term of a t least 2 years (if no prior conviction) or at least 4 years (if prior conviction) in addition to the term of imprisonment.

Imprisonment for not more than 3 years, or a fine of not more than 810,000, or both, for first conviction; for second and subsequent convictions, imprisonment for not more than 6 years, or fine of not more than $20,000, or both. Any sentence imposing imprisonment shall impose a special parole term of a t least 1 year (if no prior conviction) or a t least 2 years (if a prior conviction) in addition to the term of imprisonment.

Imprisonment, or fine, or both, up to twice that authorized above and a t least twice any special parole term authorized above, for a first conviction; for second and subsequent convictions, imprisonment or fine, or both, up to three times that authorized above and a t least three times any special parole term authorized above.

* * * A special parole term imposed in any of the cases above may be revoked if violated. If so, original term of imprisonment is increased by the length of the special parole term with no offset for time spent on special parole. Special parole is in addition to, not in lieu of, any other parole. Imprisonment for not more than 1 year, or a fine of not more than 85,000, or both, for first conviction; for second and subsequent convictions, imprisonment for not more than 2 years, or a fine of not more than $10,000, or both.

Treated the same as simple possession.

Imprisonment for not more than 1 year, or a fine of not more than $5,000, or both, for first conviction; for second and subsequent convictions, imprisonment for not more than 2 years, or a fine of not more than $10,000, or both.

(Continued on page 464)

The Joiirnd of Scltool Henllh--Nuvenlber. 19Yl 463

(Continued from page 463)

Drugs Offcnses Federal Penal ties

All Controlled drugs. Simple possession (e.g., possession obtained by means other than directly from a physician, or persuant to a valid prescription).

In first cases, where a person is found guilty of simple possession, judgment may be suspended and (with consent of the violator) reasonable probation, not to exceed 1 year, imposed. If probation is not violated, upon its expiration court shall discharge person and dismiss proceedings; court may in its discretion, also discharge him and dismiss proceedings; court may, in its discretion, also discharge him and dismiss proceedings prior to expiration or probation. Discharge and dismissal are not to be deemed a conviction for any purpose. If probation is violated, court may en- ter adjunction of guilt, however. If discharge and dismissal occuw, persons not over 21 at time of offense may have record expunged after hearing, upon application.

Penalties for Offenses Involving One or All of the Controlled Substances* The penalty structure has new concepts which are too lengthy to explain here. One such, the provision dealing with con- tinuing criminal enterprise, provides penalties up to life imprisonment and not less than 10 years for a person with two prior convictions who is subsequently found guilty of leadership in a conspiracy of 5 or more persons in violation of Title I1 or 111 felony provisions. Another provision relates to distribution of a controlled substance to anyone under 21 years of age by someone over 18. The penalties for persons other than first offenders are up to three times those otherwise applicable.

*Extracted, with the permission of the American School Health Association, from “Narcotic and Dangerous Drug Laws,” Teaching About Drugs: A Curriculum Guide, K-12, Second Edition.

* * * * *

AN ANALYSIS OF DRUG USE BEHAVIOR AT FIVE AMERICAN UNIVERSITIES

JACK V . TOOHEY, ED.D.

Professor, Health Education, Arizona State Uniziersity, Tempe, Arizona

During the fall semester of the 1970-71 No attempt was made to compare the drug academic year, a drug use questionnaire was use behavior between colleges within a university, administered to undergraduate students enrolled however, the drug use behavior between uni- in health education classes a t five universities. versities was compared and is reflected in Tables This questionnaire was designed to measure drug 1-3. use behavior and certain social values related to The universities participating in this study drug usage. were :

The students, for the most part, were either 1) Arizona State University, Tempe, Arizona. 2) Pennsylvania State University, University liberal arts students enrolled in a personal

Park, Pennsylvania. health class for general studies credit, or College of Education students enrolled for general studies credit. The study involved a smaller 3) Northern Colorado University, Greeley,

Colorado. population of students who were either health education major or minor students, in addition 4) New York State University, Geneseo, New there were students from the College of Business York. and Fine Arts. There were no Engineering 5) University of Tennessee, Knoxville, College students involved in the study. Tennessee.

464 The Journal of School Health

current federal drug laws: explanation and implications for educators

Documents