Download - Soc 204 Goldberg Chapter 4 Drugs & The Law
SOC 204 Drugs & Society
Goldberg Chapter 4 Drugs & the Law
Monday: Are you a cat person or a dog person?
A. CatB. DogC. BothD. Neither
CatDog
Both
Neither
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Drugs & The Law Attempts have been made to
regulate the use of mind-altering substances since settlers first arrived in the New World
The first substance regulated was alcohol
The temperance movement in the late 1700s advocated that people become more educated about the hazards of alcohol Click picture for
video
Early Regulation
Alcohol 1791: Congress passed an excise tax
on whiskey
Opium 1833: US treaty regulated international opium trade 1842: Tax on crude opium shipped to the US 1875: San Francisco prohibiting smoking in opium dens 1890: Only US citizens could manufacture or import
opium
Proprietary drugs (over-the-counter drugs) Pure Food and Drug Act of 1906
Small Group Questions:
Do drug laws affect whether people use drugs?
Should drug laws be aimed at drug users, sellers, or traffickers?
Should the role of government be to inform its citizens about drugs or to prevent its citizens from using drugs?
Should a person be prevented from engaging in self-destructive behavior?
Pure Food & Drug Act 1906 Before 1906, patent medicines were
largely unregulated
US Food and Drug Administration (FDA) was created to assess drug hazards and prohibit sale of dangerous drugs
Law required drug manufacturers to report adverse reactions to their products
Law required that the amount or proportion of drugs in the medicine had to be listed on the label
The Pure Food & Drug Act was created to:A. Stop people from
using opiumB. Establish taxes on
drugsC. Force people to
get prescriptions for drugs
D. Keep dangerous drugs off the market
Stop people fr
om using .
..
Establis
h taxe
s on dru
gs
Force
people to get p
resc...
Keep dangerous d
rugs o
ff...
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93%
7%0%
Harrison Act 1914
The Harrison Act resulted from the need to limit opiate use
Law governed the marketing and sale of narcotics, regulated nonmedical narcotic use, and made possession of narcotics without a prescription illegal
Doctors and pharmacists had to keep records of the prescriptions they wrote
To obtain drugs, an increasing number of people resorted to criminal activity
The Harrison Act:
A. Established taxes on drugs
B. Made opium illegal without a prescription
C. Established jail time for drug offenses
Establis
hed taxe
s on dru
gs
Made opium ill
egal with
...
Establis
hed jail ti
me for ..
.
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Prohibition 1919-1933
Began with the Temperance Movement
19th Amendment passed in 1919
Speak-easies Bootlegging Increase in
organized crime Repealed in 1933 by
the 21st Amendment
Marijuana Tax Act 1937
Forbade the recreational use of marijuana, but not medicinal or industrial uses
Anyone using marijuana was required to pay a tax – failure to comply meant a large fine or prison term for tax evasion
AMA and others opposed marijuana legislation
The Federal Bureau of Narcotics, established in 1932, later became the Drug Enforcement Administration (DEA)
The marijuana tax act made all use of marijuana illegal.
A. TrueB. False
True
False
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8%
Food, Drug, and Cosmetic Act 1938
Under 1906 guidelines, a drug manufacturer could not be prosecuted for fatalities due to toxic drugs
1938 Act required pharmaceutical companies to file applications with the federal government demonstrating that all new drugs were safe and properly labeled
Manufacturers had to submit a “new drug application” to the FDA, giving the FDA more authority and responsibility
Limitations of the 1938 Food, Drug, and Cosmetic Act
Did not cover drugs that were previously marketed
Drugs had to be proven safe, but not effective
Government had little authority to enact penalties
Manufacturers determined whether a drug would be sold as a prescription or over-the-counter
Manufacturers conducted their own tests to determine a drug’s effectiveness
The Food, Drug, & Cosmetic ActA. Established taxes
on new drugsB. Ensured that drugs
were proven effective
C. Ensured that drugs were proven safe
D. Enacted stiff penalties for false advertising
Establis
hed taxe
s on new...
Ensure
d that d
rugs w
ere...
Ensure
d that d
rugs w
ere...
Enacted sti
ff penalties f
or...
0% 4%
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4%
I think the legalization of marijuana was a good idea.
A. Absolutely.B. No, I disagree,
it was a bad idea.
C. I’m not sure or have no opinion.
Absolutely.
No, I disa
gree, it
was a
b..
I’m not s
ure or h
ave no ...
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Kefauver-Harris Amendments Serious birth defects caused by
thalidomide resulted in implementation of stronger regulations regarding drug testing
Kefauver-Harris Amendments, 1962, gave the FDA the authority to withdraw drugs from the marketplace
Drug advertisements directed to physicians were required to include the drug’s side effects and its contraindicated uses
Testing procedures required prior approval from the FDA
Kefauver-Harris Amendments 1972 Drug Efficacy Study: The FDA asked the
National Research Council to conduct a study of new drugs
Active ingredients were placed in one of three categories: Category I drugs: Determined to be safe, effective,
and properly labeled Category II drugs: Not generally recognized as safe
and effective, or recognized as mislabeled; must be removed from medications within six months
Category III drugs: Data insufficient to determine general recognition of safety and effectiveness
Considering the Kefauver-Harris Amendments, all of the following are true EXCEPT:
A. The FDA had the authority to remove unsafe drugs from the market
B. Taxes on drug advertisements were enacted
C. Advertisements must include side-effects
D. Tests were required prior to a drug’s approval The FDA had th
e authorit
...
Taxes o
n drug a
dverti
se...
Advertise
ments must
inc...
Tests w
ere re
quired prio
r ..
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Comprehensive Drug AbusePrevention and Control Act of 1970
Comprehensive Drug Abuse Prevention and Control Act (Controlled Substances Act), effectively replaced all previous laws dealing with narcotics and dangerous drugs
Expanded community health centers and Public Health Service hospitals for drug abusers
Established a commission on marijuana and drug abuse
Divided drugs into five categories called schedules
The Comprehensive Drug Abuse Prevention and Control Act replaced all previous legislation regarding dangerous drugs
A. TrueB. False
True
False
4%
96%
Schedule Criteria Examples
I a. High potential for abuseb. No accepted medical usec. Lack of accepted safety
Heroin,marijuana, MDMA
(Ecstasy)
II a. High potential for abuseb. Currently accepted medical usec. Abuse may lead to severe dependence
Morphine,cocaine,
methamphetamine
III a. Potential for abuse less than I and IIb. Currently accepted medical usec. Abuse may lead to moderate physical dependence or high
psychological dependence
Anabolic steroids, most barbiturates, Dronabinol (THC in
pill form)
IV a. Low potential for abuse relative to IIIb. Currently accepted medical usec. Abuse may lead to limited physical or psychological
dependence relative to III
Xanax, barbital, chloral hydrate,
fenfluramine
V a. Low potential for abuse relative to IVb. Currently accepted medical usec. Abuse may lead to limited physical or psychological
dependence relative to IV
Mixture with small amounts of codeine or
opium
Anti–Drug Abuse Act of 1988 Legislation that emphasizes stringent
punishment of the drug user, to reduce drug demand
Punishment could be waived if the user completes a drug rehabilitation program
Greatly increased federal prison population and led to a new Cabinet position, Director of National Drug Control Policy
Under this law, drug users are punished more stringently than rapists or robbers
The Anti-Drug Abuse Act
A. Emphasized strict punishment for drug infractions
B. Allowed offenders to complete treatment rather than jail
C. Created lighter sentences for drug offenses
D. A & BE. All of the above
Emphasized st
rict p
unis...
Allowed offenders
to co
...
Create
d lighte
r sentence
s...
A & B
All of t
he above
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Small Group Questions:
1. Should the sale of drug paraphernalia be illegal?
2. Should people using small amounts of illegal drugs for personal enjoyment receive harsh criminal penalties?
3. What are the advantages and disadvantages of decriminalizing or legalizing drugs?
4. What impact has drug enforcement had on drug use?
5. Should the vast amount of money spent on stopping drugs be used differently?
Drug Paraphernalia
Drug paraphernalia: Items that are aids to using drugs
(cigarette-rolling papers, water pipes, razors, clay pipes, roach clips, spoons, mirrors, and other products)
Prosecuting individuals for
possessing drug paraphernalia is viewed as a deterrent for drug use
The War on Drugs
In 1988, Congress proclaimed that the US would be drug-free by 1995
The monetary expense and human resources employed to combat illicit drug use are enormous – yet, the number of Americans who have used illegal drugs has increased
The government’s assault on illicit drugs has resulted in social tension, ill health, violent crime, compromised civil liberties, and international conflict
The War on Drugs has been largely successfulA. TrueB. False
True
False
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0%
http://ezproxy.wwcc.edu:2048/login?url=http://digital.films.com/PortalPlaylists.aspx?aid=7539&xtid=50127
Are you for or against legalization of drugs? (all currently illicit drugs)A. For legalizationB. Against
legalizationC. For legalization,
but only for some drugs
For le
galization
Against
legalization
For le
galization, b
ut only.
..
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Arguments Against Legalization Some argue that
decriminalization would increase drug use, addiction, and drug-related deaths
Drug-related crimes might fall, but the number of addicts would rise
Legalization would result in more dysfunctional addicts who would be unable to support their lifestyles and drug use through legitimate means
Arguments For Legalization Legal regulation of
drugs would protect drug takers and save money
Billions of dollars spent on drug enforcement might be put to use more effectively if the money were directed toward education and treatment programs
Drug Enforcement
Drug enforcement is designed to stem the flow of drugs coming into the US and to punish the user
To stop drugs at their source, the State Department works with a number of foreign governments
DEA agents help block drugs from leaving other countries, eradicate crops, and find and dismantle illegal laboratories
Problems with Enforcement
Farmers make more money from coca or opium crops than from legal crops
On a global scale, less than 10% of illegal crops are consistently eradicated
Interdiction is especially difficult because of numerous points of entry
Prevention
Harm reduction Interventions that respond to
needs of drug users and the community to reduce harm caused by illicit drug use
Includes providing sterile syringes to reduce spread of HIV infection, education, and increased treatment
Treats drug abuse as a public health problem, not a criminal problem
Prevention
Normalization Term used by the Dutch for the
practice of not prosecuting users of soft drugs such as marijuana
Using some drugs is not illegal, but drug traffic is illegal
Treatment assists physical and social well-being of addicts rather than try to stop their addiction
Result: Netherlands has less drug use than the US and other European countries
Racism and Drug Enforcement Questionable search warrants in
inner-city communities
People of color are stopped and searched more often than others on the basis of “drug courier” profiles
Despite comparable drug usage, Blacks are incarcerated at a higher rate than Whites
Penalties for crack cocaine, used more by poor, are greater than those for powder cocaine, used more by middle class
Mandatory Minimum Sentencing
Starting in 1984, Congress enacted mandatory minimum penalties specifically focusing on drugs and violent crimes
It has been shown that mandatory minimum drug sentences have not acted as deterrents to further crime
Mandatory minimum drug sentences give no latitude to judges to determine appropriate punishments
Treatment is 15 times more effective for reducing serious crime than mandatory minimum sentencing