Encyclopedia of Drug Policy

Encyclopedias

Edited by: Mark A. R. Kleiman & James E. Hawdon

• Entries A-Z
• Subject Index
• Front Matter
• Back Matter
• [0-9]
• A
• B
• C
• D
• E
• F
• G
• H
• I
• J
• K
• L
• M
• N
• O
• P
• Q
• R
• S
• T
• U
• V
• W
• X
• Y
• Z

Mark A. R. Kleiman is Professor of Public Policy at the University of California, Los Angeles (UCLA) School of Public Affairs. His latest book, When Brute Force Fails: How to Have Less Crime and Less Punishment, was chosen by The Economist as one of the “books of the year” for 2009. Its theme is that law enforcement, including drug law enforcement, should learn how to economize on the infliction of punishment. He edits the Journal of Drug Policy Analysis and blogs at The Reality-Based Community at http://www.samefacts.com. He is also the author of Against Excess: Drug Policy for Results.

In addition to his academic work, Kleiman provides advice to local, state, and national governments on crime control and drug policy. His ideas about substituting drug testing and sanctions for mandated treatment in the management of drug-involved offenders have been vindicated by the success of the HOPE project in Hawaii.

James E. Hawdon is Professor of Sociology and Director of Graduate Studies at Virginia Tech. Hawdon's research in the area of drugs focuses primarily on explaining cross-national and historical variations in drug use. His book, Drugs and Alcohol Consumption as a Function of Social Structure, won the Adele Mellen Prize for Contributions to Scholarship. He has also published in the areas of drug policies and moral panics, drug rehabilitation, and theories of drug use. In addition to his research on drug use, Hawdon has published extensively in the areas of criminology, community, and the sociology of disasters.

Hawdon earned his B.A. in sociology from Pennsylvania State University, and his M.A. and Ph.D. in sociology from the University of Virginia. Prior to joining the faculty at Virginia Tech, Hawdon was an Associate Professor of Sociology at Clemson University. While at Clemson, he also served as the Department of Sociology's Director of Graduate Studies and the Director of the Survey Research Center.

Introduction

A variety of plant-based chemicals can influence human mood, perception, cognition, and behavior. The use of such psychoactive drugs, including alcohol, caffeine, the theobromine in chocolate, the theophylline in tea, nicotine, cannabis, coca, and opium, seems to be nearly coeval with human history, though few cultures made significant use of more than a few of them.

Drug abuse is, perhaps, as old as drug use. People under the influence of psychoactives can behave in ways dangerous to themselves and to others, and the risk of acquiring a bad habit—what contemporary medicine calls substance abuse disorder—is ever-present, though varying from drug to drug and according to cultural differences. Drug use patterns help define cultures, and every culture embodies some informal controls on who uses what drugs, when, and under what circumstances.

More recently in historical terms, drug use has become the focus of formal social control, in part as a result of three important 19th-century advances: the isolation of the active agents in mind-altering plants, the development of semi-synthetic and synthetic psychoactives with a broader and more potent range of effects than the natural substances, and the invention of the hypodermic syringe.

Alcohol policy entered the U.S. political debate in the 1830s, and almost a century of struggle led first to its prohibition and then to the repeal of that prohibition. Nicotine, though very widely used, did not become a political issue until the 1960s. Caffeine, theophylline, and theobromine remain largely uncontroversial. But the non-medical use of other psychoactives, largely unfamiliar to Anglo-Saxon culture—cannabis, cocaine, opiates including heroin, and the amphetamine-type stimulants—became the focus of acute cultural struggle, and eventually of the vigorous application of formal social control aimed at its extirpation. While this crusade was not named “the war on drugs” until the late 1960s, the underlying attitudes go much further back.

Since the Progressive Era of the late 19th century, the United States has tried to control drug use through regulating production and distribution, legislating against use, offering assistance to users, and educating the population with poignant truths and sensationalized propaganda about the dangers and pitfalls of use. Domestically, the federal government has waged a 100-year campaign and a 40-year “war” against drugs. Internationally, the U.S. has used diplomacy, dollars, and not-so-subtle threats to broker treaties designed to limit the production and distribution of drugs. Despite these efforts, eight percent of the population aged 12 or over, or 20.1 million Americans, are current illicit drug users. More strikingly, over 21 percent of Americans between the ages of 18 and 20 currently use at least one illegal drug. In addition to illegal drug use, nearly 60 million Americans smoke cigarettes, over 130 million people, or half the population 12 years old or over, drink alcohol, and caffeine use in its many forms is ubiquitous. Indisputably, America's war on drugs has not eliminated drug use.

Yet, by the same token, none of the illicit druts has achieved nearly the prevalence of the one intoxicant legal for non-medical use: alcohol, which accounts for approximately seven-eights of all the cases of substance abuse disorder in the United States, and most of the drug-related crime, injury, disease, and death. It is not possible to know what the size of the heroin or cocaine or methamphetamine problem would be were those drugs legal articles of commerce, but it seems radically implausible that the laws have not contributed to reducing the extent of their abuse. On the other hand, that reduction has come at a terrible cost: perhaps the largest illicit industry in the history of the world, half a million people behind bars for drug law offenses, infectious disease, poverty, and income-producing crime among those who have developed bad habits around illicit drugs.

But the history of the post-Nixon drug war, and especially of the stepped-up campaign that started in 1979 and has yet to crest, demonstrates that the slogan “a drug-free America” embodied a practical impossibility (even putting aside the issue of alcohol). The number of cocaine dealers in prison has grown twentyfold since 1980, and yet the price of cocaine (adjusted for inflation) is down by more than 90 percent. The pattern for heroin is similar.

Some still argue that the war on drugs is winnable; in their view, we should not change tactics, but rather redouble our efforts. Others claim that the war on drugs has unequivocally failed. They correctly note that millions of Americans still use drugs, despite the approximately $50 billion spent each year enforcing the drug laws. They correctly note that, in part due to the war on drugs, America's incarceration rate increased by nearly 400 percent since 1980, and the United States now has the highest incarceration rate in the industrial world. These people argue that the “cure” is worse than the “disease,” and that the budgetary burden and increases in incarceration associated with the war on drugs are far too high a price to pay for modest success. They point to the encouragement illicit drug revenues have given to insurgents and terrorists from Colombia and Mexico to Afghanistan. But even among those who assert that the war on drugs has failed and should be abandoned, there is disagreement about what we should do instead of fighting the war. Should we “unconditionally surrender” and legalize drugs? If we legalize drugs, should we legalize all drugs or should we legalize only some drugs while keeping the most dangerous illegal? Alternatively, should we still regulate drugs but use a “harm reduction” approach? Yet a third group argues both against a full-out drug war and against any commercial availability of heroin, cocaine, and amphetamines. Pointing to recent innovations in retail drug law enforcement and in the management of drug-involved offenders on probation and parole, they claim that it is possible to have fewer drug prisoners, less illicit revenue, less crime and disease while still banning sales—and thus shrinking the abuse—of the most abusable drugs. While people agree on some facts about drugs, what these facts mean and what they imply for drug policies are topics of heated debate. While we cannot answer these questions here and we do not advocate a policy position, we offer the Encyclopedia of Drug Policy to help sort through the complexity of the drug issue. This Encyclopedia We designed the Encyclopedia of Drug Policy to be a valuable resource while also being enjoyable to read. Scholars from a number of disciplines and countries wrote the entries. Although our primary focus is on American drug policies and drug issues, we include cross-national perspectives and discuss the drug policies of several other nations. We also include entries about the international agreements, treaties, and efforts to control drug manufacturing, distribution, and use. Although scholarly, the authors wrote the articles for the ordinary informed reader, and they present topics in an easy-to-understand manner, intentionally avoiding technical language as much as possible. The Encyclopedia of Drug Policy's coverage is broad, but it is not exhaustive. After all, numerous disciplines study drugs, and each brings a perspective and realm of expertise to the debate. Given the breadth and depth of knowledge we have about drugs, any discussion is bound to be incomplete. Naturally, we had to choose what to include and exclude, but we intentionally include a wide range of topics and perspectives. The entries can be grouped into six broad categories: drugs, laws and policies, organizations and individuals, control strategies and their underlying theories, drugs in select countries, and drugs and other social problems. Drugs To understand drug laws and policies, one must have some understanding of what the laws regulate; therefore, we include several entries about drugs. Drugs vary on several dimensions, and the entries discuss each of these dimensions. First, drugs produce different effects on those who ingest them; drugs are either psychoactive or not, and some are more psychoactive than others are. Drugs can stimulate or depress the central nervous system. They can also be analgesics, relaxants, or hallucinogens. Drugs also vary in their popularity and in the extent to which they are used. The absolute number of persons using a particular substance, as well as the percentage of the population who uses a drug, varies over time and space. Only historians of drug use now know of drugs that were once very popular and widely used, while other drugs remain forever popular. The popularity of other drugs comes and goes, like fads and fashions. And, of course, some drugs are very popular in one region of the world while being largely unheard of in other parts. Drugs also vary in how much concern their use causes. While the use of heroin, cocaine, and methamphetamine cause tremendous social consternation, few people worry about the widespread use of caffeine, or to a lesser extent, alcohol. In addition, the extent to which drugs cause social concern is not constant over time. Marijuana, for example, was “public enemy number one” in the 1930s; today, however, a large minority of people in the United States wants to see marijuana legalized. Related to the social concern drug use causes, drugs also vary with respect to their legal status. We include entries about several drugs in the encyclopedia, and each drug entry provides a sense of how the drug affects users, its popularity, and its social and legal history. We include entries on the major illegal drugs, including heroin and other opiates, cocaine and crack, amphetamine-type stimulants including methamphetamine, marijuana, hallucinogens, stimulants, barbiturates, sedatives, tranquilizers, and other psychotherapeutic drugs. We also include entries on the most popular legal drugs such as tobacco and alcohol. Laws and Policies The U.S. government's first drug law (alcohol aside) is now over 100 years old, and over the course of the 20th century, America passed dozens of acts and two constitutional amendments that regulated drugs. Many people are familiar with some of these laws. The Pure for and Drug Act (because of its widespread applicability), the Eighteenthth and Twenty-First Amendments to the Constitution (because they outlawed and then legalized the use of alcohol), and the Comprehensive Drug Abuse Prevention and Control Act (because it is the cornerstone of our current federal drug laws) are well known. Others, such as the Boggs Act, the Aviation Drug-Trafficking Control Act, and the Durham-Humphrey Act, are less well known. We include entries about them all, and we include virtually everything one would want to know about America's federal drug laws. Each drug-law entry discusses the content of the act: some acts are general while others address specific drugs, some acts targeted the manufacturing and distribution of drugs, some focused on drug consumers, and some encouraged drug users to seek rehabilitation. In addition, because our federal drug laws form a set of laws, the entries place each act in its historic context. While many federal laws built upon and extended previous acts, others rendered earlier legislation obsolete. Moreover, each federal drug law responded to growing social concerns at the time they passed, and one needs an understanding the historic context in which these acts passed to appreciate the complexity of our drug laws. We also include a handful of entries about Supreme Court cases that significantly influenced our drug laws and how they are enforced. Finally, there are several nentries discussing state drug laws because state drug laws sometimes conflict with federal laws. For example, the states that permit the medicinal use of marijuana do so despite the federal classification of marijuana as a Schedule I drug with no medical utility. We select states that provide a flavor of the variation in drug laws that exist across the country. In addition to U.S. federal and state drug laws, we include major international treaties and agreements designed to limit the production and distribution of drugs throughout the world. We also include entries about the numerous international conferences that led to these treaties. Again, the entries discuss both the content of the agreements as well as the historic context of the conference or treaty. Finally, we include entries about the international organizations that enforce these treaties, assist countries in meeting their international obligations, and gather information about drug use and distribution across the globe. We also address drug policies more generally. Polices come both before and after law; they set the goal that the law is to achieve and the means by which it is to achieve. What are the goals of our drug policies? What means do we have at our disposal to achieve these goals? Should our policies attack the supply of drugs or reduce the demand for drugs? Should we even have policies toward drugs? We also look at the existing evidence regarding the effectiveness of our drug policies in achieving their stated goals. Several entries address these issues. Organizations and Individuals We also include entries that discuss the organizations and individuals that create and implement drug laws and policies. From the Bureau of Narcotics to the Office of National Drug Control Policy, from Harry Anslinger to Gil Kerlikowske, the United States has entrusted several different agencies and individuals to set the national and international policies on drugs. Numerous individuals were instrumental in shaping our drug policies, and our nation has asked several of them to lead our anti-drug efforts and to enact policies that control the manufacturing, distribution, and consumption of drugs. The history of these individuals and organizations is fascinating. The enforcement of drug laws was once primarily an issue for the Internal Revenue Service. We then asked several agencies, each with a specific mandate, to control drugs. Now, we have a centralized agency that coordinates our drug-control efforts. Also included in the “organizations and individuals” topics of the encyclopedia are entries about U.S. presidents. Some American presidents were staunch supporters of the war on drugs, while others largely ignored drug issues or at least did not make the control of drugs a central priority of their administration. We include entries on the presidents and presidential administrations covering this range: from presidents who supported drug laws, presidents who made drugs a central issue in their campaigns or administrative efforts, and president who were simply in office when drug legislature happened to pass. In addition to the governmental organizations and agencies involved in the war on drugs, we discuss some of the nongovernmental organizations that shape America's drug scene. From grassroots anti-drug organizations such as MADD (Mothers Against Drunk Drivers) to anti—drug war organizations such as NORML (National Organization for the Reform of Marijuana Laws), citizens have passionately voiced their concerns and opinions about drugs. These organizations influence public perceptions of the drug issue; therefore, they influence voters and, ultimately, the politicians who make and enforce our drug laws. Finally, we include entries about organizations created to help people stop using drugs, collect data about drug use, disseminate information about drugs, or otherwise fight (or promote) drug use. Control Strategies and Underlying Theories There are several methods used to prevent, curb, alter, or stop individual drug use, and we include several entries about these strategies. Generally, there are prevention strategies, deterrence strategies, and rehabilitative strategies for controlling drug use; however, there are several specific methods within each these general categories. We include entries about preventive education strategies, such as the D.A.R.E. program, while other entries discuss pharmacological approaches for preventing drug use like using antagonist medications. There are also punitive methods of drug control, and we include several entries on such measures as mandatory sentencing, asset forfeiture, and the use of the death penalty. We also include entries on rehabilitative strategies, diversion programs, and 12-step recovery programs such as Alcoholics Anonymous and Narcotics Anonymous. Finally, we discuss needle exchange programs, methadone maintenance programs, and other “harm reduction” strategies. Since drug use is a worldwide phenomenon, the encyclopedia also includes several entries devoted to macro-level control strategies. For example, there are entries about general strategies for interrupting the production and distribution of drugs, and several additional entries about specific strategies such as crop substation and crop eradication programs. As examples of the various strategies the United States has used in the war on drugs, we include several entries about special operations conducted by the Drug Enforcement Agency. Of course, how one attempts to control drug use—or even if one believes drug use should be controlled—is largely a function of what is believed to cause drug use. There are several theories of drug use that explicitly or implicitly underlie our drug-control strategies, and we include entries on some of these theories of drug use. We also include entries about moral panics, which is really a body of theoretical arguments. In general, moral panic scholars argue that politicians and others often exaggerate the problems associated with drug use and that the war on drugs has motives other than stopping Americans from using drugs. The entries about drug theories highlight the complexity of the drug issue and the debate over drugs. Select Countries American drug use and American drug policies do not occur in a vacuum; instead, what transpires elsewhere in the world influences us. Drugs are truly international. Therefore, we include entries on a select group of nations other than the United States. These entries cover consumption patterns in these nations: what drugs are widely used, what is the rate of drug use, and if drug use is increasing or decreasing. In addition, the select country entries discuss the nation's position in the international drug distribution system. Is the nation a producing country, a manufacturing country, a distributing country, or only a consuming country? Are there important drug-distributing organizations, such as the infamous Medellín and Cali cartels, functioning within the nation's borders? Finally, the drug policies of these selected countries are presented and juxtaposed with American laws and policies. Drugs and Other Social Problems Finally, drug use and the distribution of drugs are associated with other social problems. In fact, many of these problems, as opposed to drug use itself, are at the heart of why we are so concerned about drug use. The relationship between drugs and crime, for example, drove the desire for, and helped win widespread support for, many of our drug laws. Therefore, we would not consider our encyclopedia complete without a discussion of at least some of the problems associated with drug use and the drug industry. For example, we include entries discussing the drugs—crime connection, the drugs—terrorism connection, and drugs and money laundering. We also include entries on contemporary issues, such as how religious freedoms influence drug laws and drug testing, that are central to the drug debate. These are the type of topics included in the encyclopedia, and we hope you find the encyclopedia both useful and enjoyable. and General Editors List of Contributors Abel, Charles Frederick Stephen F. Austin State University Abraham, Amanda J. University of Georgia Agnich, Laura E. Virginia Tech Alpert, Geoffrey P. University of South Carolina Andersen, Shawna M. Butler Hospital and Brown University Ardery, Tina N. Oklahoma State University Ashley, Larry University of Nevada, Las Vegas Asmussen Frank, Vibeke Aarhus University Atkin, Cassandra Sam Houston State University Atkins, Randolph G. Independent Scholar Attridge, Mark Attridge Consulting, Inc. Baker, Thomas E. University of Scranton Balay, Joshua Lawrance Sam Houston State University Baldwin, Julie Marie University of Florida Banna, Kelly Independent Scholar Barfield-Cottledge, Tiffiney Y. University of North Texas at Dallas Barker, Gordon Western Washington University Barnhill, John H. Independent Scholar Baumohl, Jim Bryn Mawr College Bedi, Robinder P. Western Washington University Belenko, Steven Temple University Bell, Ross New Zealand Drug Foundation Bennett, Joel B. Organizational Wellness and Learning Systems Bertram, Eva C. University of California, Santa Cruz Bessner, Daniel Duke University Boehlke, Karmen University of Nevada, Las Vegas Boslaugh, Sarah E. Washington University School of Medicine Bowen, Kendra Indiana University of Pennsylvania Brasfield, Hope University of Tennessee Brochu, Serge University of Montreal Bryson, Crystal Eastern Kentucky University Bucossi, Meggan M. Butler Hospital and Brown University Calcagnetti, Daniel J. Fairleigh Dickinson University. Calhoun, Stacy B. University of California, Los Angeles Cameron, Jennifer Auburn University Carter, Lawrence P. University of Arkansas for Medical Sciences Caulkins, Jonathan P. Carnegie Mellon University Chatwin, Caroline University of Kent Chee, Lucinda Oklahoma State University Chicoine, Stephen University of South Carolina Chima, Felix O. Prairie View A&M University Clark, Karen K. Western Oregon University Costello, James Jay Emporia State University Crews, Gordon Arthur Marshall University Cross, Chad L. University of Nevada, Las Vegas Csiernik, Rick University of Western Ontario Cunat, Aubrey J. Knox College Dames, Marvin Halon Royal Bahamas Police Force Davenport, Steven Independent Scholar Davidson, Charles Robert American University in Cairo Davis, Michelle Lee Texas Tech University de Jong, Marc Jung-Whan State University of New York Deflem, Mathieu University of South Carolina Dempsey, Jared P. Oklahoma State University Dillinger, Ronna Wyoming State Hospital Dombrink, John University of California, Irvine Duncan, Kathryn Nicole Texas Tech University Duffy, John C. Scottish Funding Council Elmquist, Joanna Butler Hospital and Brown University Elrod, Leslie University of Cincinnati Eversole, Theodore W. Independent Scholar Eyle, Nicolas Independent Scholar Febres, Jeniimarie University of Tennessee Feeney, Kevin Independent Scholar Fenwick, Melissa E. Western Connecticut State University Finch-Kareem, Kim Florida State University Finegood, Bradley Western Michigan University Fisher, Bonnie S. University of Cincinnati Foley, Elizabeth Price Florida International University Friedman, Harris L. University of Florida Freije, Vanessa Duke University Furst, Gennifer William Paterson University Gaumond, Peter Altarum Institute Gieringer, Dale Independent Scholar Glynn, Tiffany Butler Hospital Gonshorek, Daniel O. Knox College Gresh, Geoffrey F. Tufts University Gresham, Debra L. Florida Department of Children & Families Gunasekara, Sanji New Zealand Drug Foundation Halay, Lavania Bowie State University Hall, Martin T. University of Kentucky Hamm, Richard F. State University of New York, Albany Hammar, Lawrence J. Wittenberg University Handsel, Vanessa University of Tennessee Hanna, Chaswell Andre College of the Bahamas Hatting, Steven H. University of St. Thomas Hawley, Frederick Western Carolina University Helfer, Jason A. Knox College Hewitt, Kim Empire State College Hill, Brooke N. Oklahoma State University Holmes, Dawn Carnegie Mellon University Howell, Donelle Neco Washington State University Houborg, Esben Aarhus University Huck, Jennifer L. Indiana University of Pennsylvania Huggins, Richard Oxford Brookes University Hughes, Caitlin University of New South Wales Hung, Li-Ching Overseas Chinese University Johnson, Matthew W. Johns Hopkins University School of Medicine Jude, Courtney D. Knox College Kenny, Maureen C. Florida International University Kivisto, Aaron J University of Tennessee Kizior, Daniel W. Knox College Klantschnig, Gernot University of Nottingham Ningbo Klein, Axel University of Kent Kline, Stephanie A. Oklahoma State University Kolp, Eli Independent Scholar Kopfstein, Rosalind Western Connecticut State University Kraus, Shane W. Bowling Green State University Kte'pi, Bill Independent Scholar Kubal, Matthew Indiana University Kubal, Tim California State University, Fresno Lanfair, Jordan K. Knox College Leukefeld, Carl Center on Drug and Alcohol Research Levin, Michael University of Nevada, Reno Libby, Therissa A. The T. A. Libby Group Linton, Ben F. Independent Scholar Lurigio, Arthur J. Loyola University, Chicago Madero-Hernandez, Arelys University of Cincinnati Mahoney, Christian D. Knox College Mahon-Haft, Taj Alexander Washington State University Marcy, William L. St. Martin's University Marwah, Sanjay Guilford College Mason, M. Nathan University of Nevada School of Medicine Massey, Evan M. Knox College Matheson, Catriona University of Aberdeen Matuszak, Jeremy University of Nevada, Reno McDonough, Shannon University of South Carolina McKean, Jerome Ball State University McNeil, Dawn Milward University of Technology, Jamaica McSweeney, Tim King's College London Meadows, Robert J. California Lutheran University Miller, J. Mitchell University of Texas, San Antonio Montagne, Michael Massachusetts College of Pharmacy & Health Sciences Moore, Todd M. University of Tennessee Moreno, Marcos Knox College Mosher, Clayton Washington State University Murray, Sarah William Paterson University Ninnemann, Andrew Butler Hospital and Brown University Norton, Frank Edward Bowie State University O'Brien, Lauren Alyce University of Georgia O'Brien, Patrick University of Colorado at Boulder Packer, Robert Washington State University Palmier, Jane Georgia State University Parker, Stacy K. Muskingum University Pate, Matthew State University of New York, Albany Peters, Roger University of South Florida Petrila, John University of South Florida Phillips, Matthew D. State University of New York, Albany Pierce, Meghan Elizabeth University of Nevada, Las Vegas Pike, Brigid Health Research Board Plouffe, Jr., William C. Independent Scholar Potter, Gary London South Bank University Pumar, Enrique S. Catholic University of America Rahjendren, Mena Rah University of Nevada, Reno Ratliff, Thomas N. Virginia Tech Reyns, Bradford W. Southern Utah University Ritter, Alison University of New South Wales Ritter, Kathrin University of Tennessee Robbins, Susan P. University of Houston Robertiello, Gina Marie Felician College Robinson, Matthew Appalachian State University Roll, John M. Washington State University College of Nursing Roman, Paul M. University of Georgia Rookey, Bryan D. University of Portland Rothrauff, Tanja C University of Georgia Rothwell, Virginia Longwood University Rowe, William S. University of South Florida Rusche, Sue National Families in Action Sabet, Kevin A. Independent Scholar Sammons, Robert Kenneth Northern Arizona University Savage, Sarah Ann University of Georgia Schlesinger, Traci DePaul University Schonbrun, Yael Chatav Brown University Schroth, Stephen T. Knox College Sealock, Miriam Towson University Seidensticker, Benjamin University of Texas Medical Branch Sevigny, Eric L. University of South Carolina Sexton, Rocky L. Wright State University Shorey, Ryan C University of Tennessee Smith, Cary Stacy Mississippi State University Smith, Hayden P. University of South Carolina Smolen, Grant University of California, Los Angeles Socia, Kelly Michael State University of New York, Albany Stolberg, Victor Essex County College Stuart, Gregroy L. University of Tennessee, Knoxville Swahn, Monica H. Georgia State University Tebbe-Grossman, Jennifer Massachusetts College of Pharmacy & Health Sciences Temple, Jeff R. University of Texas Medical Branch Thomas, Vaso Bronx Community College Titelius, Elise N. Butler Hospital Trevino, Marcella Bush Barry University Turnbull, Paul J. King's College Uebel, Michael University of Texas at Austin Wadsworth, Dexter Charles University of Technology, Jamaica Wai, Carrie California School of Professional Psychology Walker, Michael F. Arizona State University Whalen, Travis F. Virginia Polytechnic Institute and State University Whitney, Timothy Treatment Alternatives for Safe Communities Willits, Logan Knox College Windle, James Loughborough University Wooditch, Alese George Mason University Wu, Lora J. Washington State University Yearwood, Douglas L. North Carolina Criminal Justice Analysis Center Young, M. Scott University of South Florida Chronology of Drug Policy March 3, 1791: The 1st U.S. Congress passes the Whiskey Excise Tax, requiring the registration of all whiskey stills. Deemed catastrophically unfair by the public, the act would lead to the Whiskey Rebellion of 1794. 1869: The U.S. Prohibition Party is formed, with John Russell of Michigan becoming the party's first National Committee Chairman. 1873: The Women's Christian Temperance Union is founded in Evanston, Illinois, with social activist Annie Wittenmyer being elected as the Union's first president. 1880: The United States negotiates an agreement with China to ban the importation and exportation of opium between the two nations. 1882: The Personal Liberty League is founded in the U.S. with the intent of halting the growth of the temperance movement. 1885: Drugstore employee John Pemberton invents Pemberton's French Wine Coca, the precursor to Coca-Cola. The beverage was known as a “coca wine” because early versions of it contained cocaine. 1904: In the U.S. presidential election, the Prohibition Party nominates Silas C. Swallow, who receives the most votes than any other candidate in the party's history. June 30, 1906: Congress passes the Pure Food and Drug Act, requiring manufacturers of “patent medicines” to label the amount of alcohol, cocaine, heroin, cannabis, or other drugs in products. 1913: Despite a veto by President William Howard Taft, the U.S. Congress passes the Webb-Kenyon Act, disallowing the importation of alcoholic beverages into states where laws forbid alcohol use. December 17, 1914: After the annexation of the Philippines by U.S. soldiers in the Spanish-American War, the U.S. government becomes aware of the dangers of opium as demonstrated by addicted citizens of the Philippines, and the Harrison Narcotics Tax Act is passed by the U.S. Congress. The Act imposed heavy taxes on the sale, importation, and distribution of opiates. October 28, 1919: Seeking to create a supplemental act that would clearly define “intoxicating liquors” as specified in the alcohol-banning Eighteenth Amendment to the U.S. Constitution, Congress passes the Volstead Act. The bill is vetoed by President Woodrow Wilson but overridden by Congress. 1922: Congress passes the Narcotic Drug Import and Export Act, also known as the Jones-Miller Act, which increases penalties and restrictions on the importation and exportation of opium and coca products. April 13, 1925: In the case of Linder v. United States, the Supreme Court overrules the conviction of Charles Linder, a medical doctor who was arrested for prescribing narcotics to drug addicts. The opinion of the court states that “direct control of medical practice in the states is beyond the power of the federal government.” August 12, 1930: Harry J. Anslinger is appointed as the first Commissioner of the U.S. Federal Bureau of Narcotics, a position he would hold for 32 years. 1932: Congress passes the final version of the Uniform State Narcotics Act, drafting a set of laws that all states were encouraged to adopt that so that the disruption of illegal narcotics activity could be more efficient. December 5, 1933: The Twenty-First Amendment to the Constitution is passed, officially repealing the U.S.'s ban on alcohol that had been in place since the passage of the Eighteenth Amendment. December 1934: While being treated for alcoholism at a local hospital, future Alcoholics Anonymous founder Bill Wilson is given the drug Hyoscyamus niger, a deliriant that causes hallucinations. As he lay in bed ruminating about his downfall as a failed Wall Street broker, he cries out, “If there be a God, let Him to show Himself!” He then experiences a feeling of warmth and sees a bright light, forcing him to reexamine his life and providing the courage to found a new organization designed to help alcoholics permanently recover from alcohol abuse. 1936: The film Reefer Madness is released. The film greatly exaggerates the effects of smoking marijuana, but had a profound effect on the public. August 2, 1937: Federal Bureau of Narcotics Commissioner Harry Anslinger introduces the Marijuana Tax Act on the floor of the U.S. Congress. While not specifically criminalizing marijuana, the act did propose punitive taxes on anyone involved in the manufacture or distribution of the drug. November 16, 1938: Swiss chemist Dr. Albert Hoffman synthesizes the first known quantities of LSD. October 5, 1953: The first official meeting of Narcotics Anonymous, an offshoot of Alcoholics Anonymous, is held in southern California. September 19, 1966: During a press conference, social activist Timothy Leary coins the phrase “turn on, tune in, and drop out,” further adding fuel to the fire of the counterculture's attempts to reshape the fabric of the American social landscape. Later, Leary would write that his phrase was “often misinterpreted to mean ‘get stoned and abandon all constructive activity.’” May 19, 1969: The U.S. Supreme Court rules unanimously in favor of Timothy Leary, a professor and social activist who was arrested in violation of the Marijuana Tax Act, in the case of Leary v. United States. August 1969: Psychiatrist Robert DuPont conducts an experiment where he tested urine samples of every prisoner entering the Washington, D.C., jail system. He found that 44 percent of all prisoners tested positive for heroin, a discovery that paved the way for courts to consider sending drug addicts to treatment rather than imprisoning them. Later, DuPont would found a methadone substitution program for heroin addicts that resulted in a 41 percent decrease in the number of burglaries in the Washington, D.C., area. 1970: The National Organization for the Reform of Marijuana Laws is founded. June 1971: During a press conference, U.S. President Richard Nixon calls on lawmakers to embark on a “war on drugs,” and singles out drug use in the United States as “public enemy number one.” May 8, 1973: The “Rockefeller drug laws” are passed in New York State, placing what some would call “Draconian” penalties on those possessing narcotics. January 23, 1976: Peter Bensinger is appointed as administrator of the Drug Enforcement Administration, a position he would hold for five years. 1978–1991: The percentage of high school seniors using marijuana drops from 50.1 percent to 12 percent, due in large part to the “War on Drugs” that was initiated in the 1970s. 1980: Following the death of her daughter at the hands of a drunk driver, California real estate agent Candice Lightner founds the organization Mothers Against Drunk Driving. Later, she would leave the organization after its stated mission shifted from a crusade against drunk driving to prohibitionist aims that sought to end alcohol use entirely. 1981–1985: Under the direction of DEA Administrator Francis Mullen, the DEA's budget soars from$206.6 million to $362.4 million, and its number of agents increases from 1,941 to 2,234. 1982: First Lady Nancy Reagan coins the slogan “Just Say No” when asked by a schoolgirl at a California elementary school what she should do if offered drugs by her peers. May 31, 1985: MDMA is placed under Schedule 1 by the Drug Enforcement Agency, and is deemed to have no beneficial effects medically. June 19, 1986: Promising rookie basketball player Len Bias is found dead from a cocaine overdose, a tragedy that indicated the dangers of cocaine to the general public. November 1986: James Christopher, an alcoholic who had experienced uneasiness with Alcoholics Anonymous's strong emphasis on spirituality, founds the Secular Organizations for Sobriety. 1986–1987: As the nation's “crack epidemic” reaches critical levels, the number of cocainerelated emergency hospitalizations increases by 110 percent, from 26,300 to 55,200. May 1987: By a vote of 13 to 12, the Colombian Supreme Court opts to end its bilateral extradition treaty with the United States. Rumors spread that the Supreme Court made the decision due to death threats by Colombian cartels. November 18, 1988: President Ronald Reagan signs the Anti-Drug Abuse Act into law, creating the White House Office of National Drug Control Policy, the head of which was known as “Drug Czar.” 1989: Receiving Senate approval in a 97 to 2 vote, former Secretary of Education William Bennett becomes the first Director of the White House Office of National Drug Control Policy. 1989:Forbes magazine ranks drug kingpin Pablo Escobar as the seventh richest man in the world. 1989: The video game manufacturer American Amusement Machine Association enters into an agreement with the FBI to display a “winners don't use drugs” message on all of its arcade game screens. 1992: The Substance Abuse and Mental Health Services Administration (SAMHSA) is founded. 1992: General Manuel Noriega of Panama, who was accused of allowing cartels to ship drugs through his country into the United States, is convicted of eight counts of drug trafficking, money laundering, and racketeering, and is sentenced to 40 years in prison. December 1993: Drug kingpin Pablo Escobar is killed while trying to flee from Colombian police. May 1995: A report is released by the U.S. Sentencing Commission stating that since crack is used primarily by people with low incomes, there exists a severe racial disparity. November 5, 1996: California voters pass Proposition 215, allowing those with a doctor's approval to grow and consume marijuana for medical purposes. 1998: Attorney General Janet Reno says that followers of Rastafarianism do not have the legal right to smoke cannabis, despite the fact that it is considered a sacrament in the Rastafari religion. July 11, 2000: The House Subcommittee on Criminal Justice, Drug Policy and Human Resources holds hearings on a controversy involving U.S. Drug Czar Barry McCaffrey's payment to television networks in exchange for their cooperation in airing anti-drug messages embedded in the networks' television programs. The FCC would later rule that the networks should have explicitly announced that the Office of National Drug Policy was sponsoring these programs. August 2000: U.S. President Bill Clinton donates$1.3 billion to Plan Colombia, a program designed to decrease the growing of cocaine in Colombia. Tactics that are used include the spraying of coca crops with herbicide.

December 7, 2001: John P. Walters is appointed as the U.S. “Drug Czar.” Among the many initiatives Walters spearheaded during his service period of eight years was the encouragement of schools to randomly drug test their students.

July 31, 2003: Karen Tandy is confirmed by the U.S. Senate to be the new head of the Drug Enforcement Administration, becoming the first female to occupy the post.

2005: The Combat Methamphetamine Epidemic Act is passed by the U.S. Congress. The act seeks to regulate the sale and use of over-the-counter drugs commonly used to make methamphetamine, such as ephedrine, pseudoephedrine, and phenylpropanolamine.

March 17, 2005: A congressional hearing is held with the intent of deciding whether to enact legislation to inflict harsh penalties on baseball players who are caught using steroids. Two of the three players on a special panel would later admit to steroid use.

June 6, 2005: By a vote of 6 to 3, the U.S. Supreme Court rules in the case of Gonzales v. Raich that Congress has the lawful ability to ban medical marijuana use even in states where it is deemed legal.

January 2006: Border patrol agents discover the longest cross-border tunnel in history, a half-mile long passage that was used to smuggle marijuana.

February 4, 2009: Congress passes the Children's Health Insurance Program Reauthorization Act, increasing the federal tax on cigarettes from $0.39 per pack to$1.01. The goal of the act is to decrease cigarette smoking by making it financially unattainable.

March 2009: The United Nations' Commission of Narcotic Drugs declares that “we are determined to tackle the world drug problem and to actively promote a society free of drug abuse.”

May 2009: White House drug czar, Gill Kerlikowske, calls for an “end to the war on drugs,” saying the drug problem in America should be a public heath issue and not a criminal justice issue.

December 20, 2009: In his first State of the State address, New York Governor David Paterson states that he “can't think of a criminal justice strategy that has been more unsuccessful than the Rockefeller drug laws.”

March 2010: An Obama administration official tells the Los Angeles Times: “If you are operating a medical marijuana clinic that is actually a front, we'll come after you. But if you are operating within the law, we are not going to prioritize our resources to go after them.”

• Glossary

Abbreviated New Drug Application: This six-digit number is assigned by Food and Drug Administration (FDA) staff to each application for approval to market a generic drug in the United States.

Active Ingredient: Any component that provides pharmacological activity or direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect any function of the body.

Addiction: A chronic, relapsing disease characterized by compulsive drug-seeking and abuse and by long-lasting chemical changes in the brain.

Adrenal Glands: Glands located above each kidney that secrete hormones, for example, adrenaline.

Amphetamine: Stimulant drugs whose effects are very similar to cocaine.

Amyl Nitrite: A yellowish oily volatile liquid used in certain diagnostic procedures and prescribed to some patients for heart pain. Illegally diverted ampules of amyl nitrite are called “poppers” or “snappers” on the street.

Anabolic Effects: Drug-induced growth or thickening of the body's nonreproductive tract tissues—including skeletal muscle, bones, the larynx, and vocal cords—and decrease in body fat.

Analogue (Designer Drug) Act: An act prohibiting the sale, distribution, or possession of so-called designer drugs, which are mind-altering substances that are chemically altered for the purpose of circumventing existing drug laws, thereby making them legal.

Androgenic Effects: A drug's effects upon the growth of the male reproductive tract and the development of male secondary sexual characteristics.

Anesthetic: An agent that causes insensitivity to pain and is used for surgeries and other medical procedures.

Anti-Drug Abuse Amendment Act: Signed in late 1988 by President Ronald Reagan, the act revised the Anti-Drug Abuse Act of 1986 by closing real or perceived loopholes of that law. Major provisions included the creation of a new executive-level agency, the Office of National Drug Control Policy, whose director, appointed by the president, would lead a uniform national strategy to reduce drug use and availability, and would have unprecedented budgetary certification authority over other department and agency heads.

Aplastic Anemia: A disorder that occurs when the bone marrow produces too few of all three types of blood cells: red blood cells, white blood cells, and platelets.

Approval Letter: An official communication from FDA to a new drug application (NDA) sponsor that allows the commercial marketing of the product.

Axon: The fiber-like extension of a neuron by which the cell carries information to target cells.

Axon terminal: The structure at the end of an axon that produces and releases chemicals (neurotransmitters) to transmit the neuron's message across the synapse.

Benzene: A volatile liquid solvent found in gasoline.

Bind: The attaching of a neurotransmitter or other chemical to a receptor. The neurotransmitter is said to “bind” to the receptor.

Boggs Act: Passed in 1951, the act strengthened the enforcement of the Marijuana Tax Act and the Narcotics Drug Import and Export Act by enforcing harsh penalties on individuals convicted of drug law violations.

Brainstem: The major route by which the forebrain sends information to, and receives information from, the spinal cord and peripheral nerves.

Brand Name Drug: A drug marketed under a proprietary, trademark-protected name.

Butane: A substance found in lighter fluid.

Butyl Nitrite: An illegal substance that is often packaged and sold in small bottles; also referred to as “poppers.”

Cannabinoid Receptor: The receptor in the brain that recognizes anandamide and THC, the active ingredient in marijuana.

Cannabinoids: Chemicals that help control mental and physical processes when produced naturally by the body and that produce intoxication and other effects when absorbed from marijuana.

Cannabis: The botanical name for marijuana.

Carcinogen: Any substance that causes cancer.

Cardiovascular System: The heart and blood vessels.

Cell Body (or Soma): The central structure of a neuron, which contains the cell nucleus. The cell body contains the molecular machinery that regulates the activity of the neuron.

Central Nervous System: The brain and spinal cord.

Cerebellum: A portion of the brain that helps regulate posture, balance, and coordination.

Cerebral Cortex: Region of the brain responsible for cognitive functions including reasoning, mood, and perception of stimuli.

Cerebral Hemispheres: The two specialized halves of the brain. The left hemisphere is specialized for speech, writing, language, and calculation; the right hemisphere is specialized for spatial abilities, face recognition in vision, and some aspects of music perception and production.

Cerebrum: The upper part of the brain consisting of the left and right hemispheres.

Chemical Type: The Chemical Type represents the newness of a drug formulation or a new indication for an existing drug formulation. For example, Chemical Type 1 is assigned to an active ingredient that has never been before marketed in the United States.

Chloroform: A colorless volatile liquid used as a medical anesthetic gas.

Chronic: Refers to a disease or condition that persists over a long period of time.

Coca: The plant, Erythroxylon, from which cocaine is derived. Also refers to the leaves of this plant.

Cocaethylene: A substance created in the body when cocaine and alcohol are used together; chemically similar to cocaine.

Cocaine: A highly addictive stimulant drug derived from the coca plant that produces profound feelings of pleasure.

Comprehensive Drug Abuse Prevention and Control Act of 1970: An act that mandated pharmaceutical companies to maintain strict security measures over certain types of drugs and also to make sure that these drugs are kept secure from potential theft by drug abusers and addicts.

Controlled Substance Registrant Protection Act:

Developed in 1984, the act attempted to nationally standardize and increase penalties for the robbery or theft of controlled substances from registrants, particularly pharmacists. Prior to its passage, the theft of controlled substances from pharmacists or hospitals was not considered to be a federal crime in the United States.

Controlled Substances Penalties Amendments Act of 1984: An act passed under President Ronald Reagan that, among other provisions, doubled penalties for distributing drugs within 1,000 feet of a school.

Crack: Slang term for a smokeable form of cocaine.

Cyclohexyl Nitrite: A chemical found in substances marketed as room deodorizers.

Dendrite: The specialized branches that extend from a neuron's cell body and function to receive messages from other neurons.

Depressants: Drugs that relieve anxiety and produce sleep. Depressants include barbiturates, benzodiazepines, and alcohol.

Dopamine: A brain chemical, classified as a neurotransmitter, found in regions of the brain that regulate movement, emotion, and pleasure.

Dosage Form: A dosage form is the physical form in which a drug is produced and dispensed, such as a tablet, a capsule, or an injectable.

Drug: A chemical compound or substance that can alter the structure and function of the body. Psychoactive drugs affect the function of the brain, and some of these may be illegal to use and possess.

Drug Abuse: The use of illegal drugs or the inappropriate use of legal drugs. The repeated use of drugs to produce pleasure, to alleviate stress, or to alter or avoid reality (or all three).

Drug Product: The finished dosage form that contains a drug substance, generally, but not necessarily in association with other active or inactive ingredients.

Durham-Humphrey Act: Passed in 1951, the act attempted to define medications as either being prescription drugs or over over-the-counter drugs.

Ecstasy (MDMA): A chemically modified amphetamine that has hallucinogenic as well as stimulant properties.

Eighteenth Amendment to the U.S. Constitution: Taking effect in early 1920, the act prohibited the manufacture, sale, or transportation of intoxicating liquors.

Emphysema: A lung disease in which tissue deterioration results in increased air retention and reduced exchange of gases. The result is difficult breathing and shortness of breath. It is often caused by smoking.

Endogenous: Produced by the brain or body.

Ether: A volatile liquid with a characteristic odor. Used as a medical anesthetic gas.

Euphoria: A physical and/or psychological sense of well-being or elation.

FDA Action Date: The action date tells when an FDA regulatory action, such as an original or supplemental approval, took place.

FDA Application Number: This number, also known as the NDA (New Drug Application) number, is assigned by FDA staff to each application for approval to market a new drug in the United States. One drug can have more than one application number if it has different dosage forms or routes of administration.

Fluorinated Hydrocarbons: Gases or liquids commonly found in refrigerants, fire extinguishers, solvents, and anesthetics. Freon is one class of fluorinated hydrocarbons.

Forebrain: The largest division of the brain, which includes the cerebral cortex and basal ganglia. It is credited with the highest intellectual functions.

Frontal Lobe: One of the four divisions of each cerebral hemisphere. The frontal lobe is important for controlling movement and associating the functions of other cortical areas.

Generic Drug: A generic drug is the same as a brand name drug in dosage, safety, strength, how it is taken, quality, performance, and intended use. Before approving a generic drug product, FDA requires many rigorous tests and procedures to assure that the generic drug can be substituted for the brand name drug. The FDA bases evaluations of substitutability, or “therapeutic equivalence,” of generic drugs on scientific evaluations. By law, a generic drug product must contain the identical amounts of the same active ingredient(s) as the brand name product. Drug products evaluated as “therapeutically equivalent” are expected to have equal effect when substituted for the brand name.

Hallucinations: Perceptions of something (such as a visual image or a sound) that does not really exist. Hallucinations arise from a disorder of the nervous system or in response to drugs (such as LSD).

Hallucinogens: A diverse group of drugs that alter perceptions, thoughts, and feelings. Hallucinogenic drugs include LSD, mescaline, MDMA (ecstasy), PCP, and psilocybin (magic mushrooms).

Halothane: Medical anesthetic gas.

Harrison Narcotics Tax Act: An act proposed by Congressional Representative Francis Burton Harrison to “provide for the registration of, with collectors of internal revenue, and to impose a special tax on all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes.”

Hepatitis: Inflammation of the liver.

Heroin: The potent, widely abused opiate that produces addiction. It consists of two morphine molecules linked together chemically.

Hexane: A hydrocarbon volatile liquid found in glue or gasoline.

Hippocampus: An area of the brain crucial for learning and memory.

Hormone: A chemical substance formed in glands in the body and carried in the blood to organs and tissues, where it influences function and behavior.

Human Immunodeficiency Virus (HIV): The virus that causes acquired immunodeficiency syndrome (AIDS).

Hypothalamus: The part of the brain that controls many bodily functions, including feeding, drinking, and the release of many hormones.

Ingestion: The act of taking in food or other material into the body through the mouth.

Inhalant: Any drug administered by breathing in its vapors. Inhalants commonly are organic solvents, such as glue and paint thinner, or anesthetic gases, such as ether and nitrous oxide.

Inhalation: The act of administering a drug or combination of drugs by nasal or oral respiration. Also, the act of drawing air or other substances into the lungs. Nicotine in tobacco smoke enters the body by inhalation.

Injection: A method of administering a substance such as a drug into the skin, subcutaneous tissue, muscle, blood vessels, or body cavities, usually by means of a needle.

Label: The FDA-approved label is the official description of a drug product that includes indication (what the drug is used for); who should take it; adverse events (side effects); instructions for uses in pregnancy, children, and other populations; and safety information for the patient. Labels are often found inside drug product packaging.

Limbic system: A set of brain structures that generates our feelings, emotions, and motivations. It is also important in learning and memory.

LSD (lysergic acid diethylamide): An hallucinogenic drug that acts on the serotonin receptor.

Marihuana Tax Act of 1937: The first national marijuana prohibition law, the Act was engineered by Federal Bureau of Narcotics Director Harry Anslinger, who suggested an imposition of a prohibitory tax rather than an outright ban.

Marijuana: A drug, usually smoked but can be eaten, that is made from the leaves of the cannabis plant. The main psychoactive ingredient is THC.

Medication: A drug that is used to treat an illness or disease according to established medical guidelines.

Medication Guide: A medication guide contains information for patients on how to safely use a drug.

Metabolism: The processes by which the body breaks things down so they can be eliminated.

Methamphetamine: A commonly abused stimulant drug from the larger family of amphetamines.

Methylphenidate (Ritalin): Methylphenidate is a central nervous system stimulant. It has effects similar to, but more potent than, caffeine and less potent than amphetamines. It has a “focusing” effect on those with ADHD, particularly children.

Myelin: Fatty material that surrounds and insulates axons of most neurons.

Neuron (Nerve Cell): A unique type of cell found in the brain and body that is specialized to process and transmit information.

Neurotransmission: The process that occurs when a neuron releases neurotransmitters to communicate with another neuron across the synapse.

Neurotransmitter: A chemical produced by neurons to carry messages to other neurons.

New Molecular Entity (NME): A new molecular entity is an active ingredient that has never before been marketed in the United States in any form.

Nicotine: The addictive drug in tobacco. Nicotine activates a specific type of acetylcholine receptor.

Nitrites: A special class of inhalants that act primarily to dilate blood vessels and relax the muscles. Whereas other inhalants are used to alter mood, nitrites are used primarily as sexual enhancers. (See also amyl nitrite and butyl nitrite).

Nitrous Oxide: Medical anesthetic gas, especially used in dentistry. Also called “laughing gas.” Found in whipped cream dispensers and gas cylinders.

Noradrenaline: A chemical neurotransmitter that is made in the brain and can affect the heart.

Nucleus: A cluster or group of nerve cells that is dedicated to performing its own special function(s). Nuclei are found in all parts of the brain but are called cortical fields in the cerebral cortex.

Nucleus Accumbens: A part of the brain reward system, located in the limbic system, that processes information related to motivation and reward. Virtually all drugs of abuse act on the nucleus accumbens to reinforce drug taking.

Occipital Lobe: The lobe of the cerebral cortex at the back of the head that includes the visual cortex.

Office of National Drug Control Policy Reauthorization Act of 1998: An act that ensured that “no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act.”

Opium Poppy Control Act: Signed into law on December 11, 1942, the purpose of the act was to “discharge more effectively the obligations of the United States under certain treaties relating to the manufacture and distribution of narcotic drugs, by providing for domestic control of the production and distribution of the opium poppy and its products, and for other purposes.”

Over-the-Counter Drugs (OTC): The FDA defines OTC drugs as drugs that are safe and effective for use by the general public without a doctor's prescription.

Parietal Lobe: One of the four subdivisions of the cerebral cortex; it is involved in sensory processes, attention, and language.

Patient Package Insert (PPI): A patient package insert contains information for patients' understanding of how to safely use a drug product.

Physical Dependence: An adaptive physiological state that occurs with regular drug use and results in a withdrawal syndrome when drug use is stopped.

Polyneuropathy: Permanent change or malfunction of nerves.

Prescription Drug: A prescription drug product requires a doctor's authorization to purchase.

Psychoactive Drug: A drug that changes the way the brain works.

Pure Food and Drug Act of 1906: The first national law addressing drugs in U.S. history. The law did not prohibit any drug but rather was aimed at protecting consumers from potentially dangerous products that were being widely sold yet not regulated for safety.

Receptor: A large molecule that recognizes specific chemicals (normally neurotransmitters, hormones, and similar endogenous substances) and transmits the message carried by the chemical into the cell on which the receptor resides.

Reducing Americans' Vulnerability to Ecstasy Act (RAVE Act): An act passed in 2002 to enact tougher sanctions surrounding the use of club drugs, primarily MDMA or ecstasy, during all night dance parties or raves.

Relapse: In drug abuse, relapse is the resumption of drug use after trying to stop taking drugs. Relapse is a common occurrence in many chronic disorders, including addiction, that require behavioral adjustments to treat effectively.

Reuptake: The process by which neurotransmitters are removed from the synapse by being “pumped” through transporters back into the axon terminals that first released them.

Reuptake Pump (Transporter): The large molecule that actually transports neurotransmitter molecules back into the axon terminals that released them.

Review: A review is the basis of FDA's decision to approve an application. It is a comprehensive analysis of clinical trial data and other information prepared by FDA drug application reviewers. A review is divided into sections on medical analysis, chemistry, clinical pharmacology, biopharmaceutics, pharmacology, statistics, and microbiology.

Review Classification: The NDA and BLA classification system provides a way of describing drug applications upon initial receipt and throughout the review process and prioritizing their review

Reward: The process that reinforces behavior. It is mediated at least in part by the release of dopamine into the nucleus accumbens. Human subjects report that reward is associated with feelings of pleasure.

Reward System (or Brain Reward System): A brain circuit that, when activated, reinforces behaviors. The circuit includes the dopamine-containing neurons of the ventral tegmental area, the nucleus accumbens, and part of the prefrontal cortex. The activation of this circuit causes feelings of pleasure.

RLD (Reference Listed Drug): A Reference Listed Drug (RLD) is an approved drug product to which new generic versions are compared to show that they are bioequivalent. A drug company seeking approval to market a generic equivalent must refer to the Reference Listed Drug in its Abbreviated New Drug Application (ANDA). By designating a single reference listed drug as the standard to which all generic versions must be shown to be bioequivalent, FDA hopes to avoid possible significant variations among generic drugs and their brand name counterpart.

Route of Administration: The way a drug is put into the body. Drugs can enter the body by eating, drinking, inhaling, injecting, snorting, smoking, or absorbing a drug through mucous membranes.

Rush: A surge of pleasure that rapidly follows administration of some drugs.

Serotonin: A neurotransmitter that regulates many functions, including mood, appetite, and sensory perception.

Sex Hormones: Hormones that are found in higher quantities in one sex than in the other. Male sex hormones are the androgens, which include testosterone; and the female sex hormones are the estrogens and progesterone.

Stimulants: A class of drugs that elevates mood, increases feelings of well-being, and increases energy and alertness. These drugs produce euphoria and are powerfully rewarding. Stimulants include cocaine, methamphetamine, and methylphenidate (Ritalin).

Strength: The strength of a drug product tells how much of the active ingredient is present per dosage.

Supplement: A supplement is an application to allow a company to make changes in a product that already has an approved new drug application (NDA). CDER must approve all important NDA changes (in packaging or ingredients, for instance) to ensure the conditions originally set for the product are still met.

Supplement Type: Companies are allowed to make changes to drugs or their labels after they have been approved. To change a label, market a new dosage or strength of a drug, or change the way it manufactures a drug, a company must submit a supplemental new drug application (sNDA). The supplement type refers to the kind of change that was approved by FDA. This includes changes in manufacturing, patient population, and formulation.

Synapse: The site where presynaptic and postsynaptic neurons communicate with each other.

Synaptic Space (or Synaptic Cleft): The intercellular space between the presynaptic and postsynaptic neurons.

Temporal Lobe: The lobe of the cerebral cortex at the side of the head that hears and interprets music and language.

Tentative Approval: If a generic drug product is ready for approval before the expiration of patents or exclusivities accorded to the reference listed drug product, the FDA issues a tentative approval letter to the applicant. The tentative approval letter details the circumstances associated with the tentative approval. FDA delays final approval of the generic drug product until all patent or exclusivity issues have been resolved. A tentative approval does not allow the applicant to market the generic drug product.

Tetrahydrocannabinol: See THC.

Thalamus: Located deep within the brain, the thalamus is the key relay station for sensory information flowing into the brain, filtering important messages from the mass of signals entering the brain.

THC: Delta-9-tetrahydrocannabinol; the main active ingredient in marijuana, which acts on the brain to produce its effects.

Therapeutic Biological Product: A therapeutic biological product is a protein derived from living material (such as cells or tissues) used to treat or cure disease.

Tobacco: A plant widely cultivated for its leaves, which are used primarily for smoking; the tabacum species is the major source of tobacco products.

Tolerance: A condition in which higher doses of a drug are required to produce the same effect as during initial use; often leads to physical dependence.

Toluene: A light colorless liquid solvent found in many commonly abused inhalants, including airplane glue, paint sprays, and paint and nail polish removers.

Transporter: A light colorless liquid solvent found in many commonly abused inhalants, including airplane glue, paint sprays, and paint and nail polish removers.

Trichloroethylene: A liquid used as a solvent and in medicine as an anesthetic and analgesic. Found in cleaning fluid and correction fluid.

Twenty-First Amendment to the U.S. Constitution: Passed by Congress on February 20, 1933, the Twenty-First Amendment officially repealed the Eighteenth Amendment, which was passed to prohibit the manufacture, distribution, and transportation of alcohol within the United States.

Uniform State Narcotic Act: An act that argued that all states should have the same safeguards and regulations when it comes trafficking in narcotics.

Ventral Tegmental Area (VTA): The group of dopamine-containing neurons that make up a key part of the brain reward system. These neurons extend axons to the nucleus accumbens and the prefrontal cortex.

Vesicle: A membranous sac within an axon terminal that stores and releases neurotransmitter.

Volstead Act: The federal law that implemented the Eighteenth Amendment, creating the structure for the enforcement laid out in that amendment.

Webb-Kenyon Act: An act passed in 1913 whose purpose was to allow the federal government to assist, or at least not interfere, with the operation of state laws that prohibited the manufacture, transportation, and sale of alcoholic beverages.

Withdrawal: Symptoms that occur after chronic use of a drug is reduced or stopped.

Sources: U.S. Food and Drug Administration and National Institute on Drug Abuse.

Resource Guide

Books
Marijuana: The First Twelve Thousand Years. New York: Premium Press, 1980.
Peyote the Divine Cactus. Tucson: University of Arizona Press, 1996
, , and , eds. The Integration of Employee Assistance, Work/Life and Wellness Services. London: Haworth Press, 2005.
. The Drug Barons: The History of Drug Trafficking in Venezuela. Caracas: Aldafil Ediciones, 1994.
. Illicit Drugs: Use and Control. Milton Park, UK: Routledge, 2003.
Smoke and Mirrors: The War on Drugs and the Politics of Failure. Boston: Little, Brown & Company, 1996.
Drugs and Drug Policy in America. Westport, CT: Greenwood Press, 2000.
, and , eds. Preventing Workplace Substance Abuse: Beyond Drug Testing to Wellness. Washington, DC: American Psychological Association, 2003.
The United States and International Drug Control, 1907–1997. London: Pinter, 1999.
, American Temperance Movements: Cycles of Reform. Boston: Twayne Publishers, 1989.
. Opium: A History. New York: St. Martin's, 1999.
Licit and Illicit Drugs. Boston: Little, Brown & Company, 1972.
and . Federal Narcotics Laws and the War on Drugs. New York: Routledge, 2006.
. SOS Sobriety: The Proven Alternative to 12-step Programs. Amherst, NY: Prometheus Books, 1992.
Deliver Us From Evil: An Interpretation of American Prohibition. New York: W. W. Norton, 1976.
. Forces of Habit: Drugs and the Making of the Modern World. Cambridge, MA: Harvard University Press, 2002.
and . Therapeutic Communities for Addictions. Springfield, IL: Charles C Thomas, 1986.
, , , and . Drug Testing in the Workplace. Chicago: ASPC Press, 1990.
and . When AA Doesn't Work for You: Rational Steps to Quitting Alcohol. New York: Barricade Books, 1992.
. Anti-Drugs Policies of the European Union: Transnational Decision-Making and the Politics of Expertise. New York: Palgrave Macmillan, 2003.
, , and . The Sociology of American Drug Use. New York: Oxford University Press, 2009.
, ed. Drugs and Society: U.S. Public Policy. Lanham, MD: Rowman & Littlefield, 2005.
. U.S. Foreign Policy and the War on Drugs: Displacing the Cocaine and Heroin Industry. New York: Routledge, 2007.
. Narcodiplomacy: Exporting the U.S. War on Drugs. Ithaca, NY: Cornell University Press, 1996.
J. Edgar Hoover: The Man and the Secrets. New York: W. W. Norton, 2001.
Legalizing Marijuana: Drug Policy Reform and Prohibition Politics. Westport, CT: Praeger, 2004.
. International Drug Control Into the 21st Century. London: Ashgate, 2008.
Dirty Money: The Evolution of Money Laundering Counter-Measures. Strasbourg, France: Council of Europe Press, 1994.
. Drugs in American Society. New York: McGraw-Hill Higher Education, 2008.
Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880–1920. Chapel Hill: University of North Carolina Press, 1995.
, ed. Dealing With Drugs. Lexington, MA: D.C. Heath, 1987
, , and . Drugs and Society,
9th ed
. Sudbury, MA: Jones and Bartlett, 2006
The Emperor Wears No Clothes. Austin, TX: Ah Ha Publishing, 1998.
, , and . Drug: Policy and Politics. New York: Open University Press, 2006.
Circles of Recovery: Self-Help Organizations for Addictions. New York: Cambridge University Press, 2004.
and . Uppers, Downers, and All Arounders. Medford, OR: CNS Productions, 2007.
A Primer of Drug Action. New York: Worth Publishers, 2001.
. Organized for Prohibition: A New History of the Anti-Saloon League. New Haven, CT: Yale University Press, 1985.
. Goodbye Hangovers, Hello Life: Self-Help for Women. New York: Ballantine Books, 1986.
, , and . Drugs, Society, and Human Behavior,
12th ed.
New York: McGraw-Hill, 2008
. Not-God: A History of Alcoholics Anonymous. Center City, MN: Hazelden Educational Services, 1979.
and . The World Geopolitics of Drugs, 1998–1999. Boston, MA: Kluwer Academic Publishers, 2001.
and . Drug War Heresies: Learning From Other Vices, Times, and Places. New York: Cambridge University Press, 2001.
, and . Drug Use and Abuse,
5th ed.
, et. al. Alcoholics Anonymous as a Mutual-Help Movement: A Study in Eight Societies. Madison: University of Wisconsin Press, 1996.
and . eds. Relapse Prevention. New York: Guilford Press, 1985.
. The Fix. New York: Simon & Schuster, 1998.
Drug Diplomacy in the Twentieth Century: An International History. London: Routledge, 2000.
The Politics of Heroin: CIA Complicity in the Global Drug Trade. New York: Lawrence Hill Books, 1991.
Drugs and Behavior: An Introduction to Behavioral Pharmacology. Upper Saddle River, NJ: Prentice Hall, 2003.
and . Motivational Interviewing: Preparing People to Change Addictive Behaviour. New York: Guilford Press, 1991.
. Evidence Versus Politics: Exploiting Research in UK Drug Policy Making. Queensland, Australia: Polity Press, 2010.
. Drugs in America: A Social History, 1800–1980. Syracuse, NY: Syracuse University Press, 1981
The Peyote Book: A Study of Native Medicine. Cottonwood, CA: Sweetlight Books, 1993.
The American Disease: Origins of Narcotics Control. New York: Oxford University Press, 1999.
, , and . Resisting 12-Step Coercion: How to Fight Forced Participation in AA, NA, or 12-Step Treatment. Tucson, AZ: See Sharp Press, 2000.
Battling Demon Rum: The Struggle for a Dry America, 1800–1933. Chicago: Ivan R. Dee, 1995.
and . Lies, Damned Lies, and Drug War Statistics. Albany: State University of New York Press, 2007.
, , and . Illicit Drug Policies, Trafficking, and Use the World Over. Lanham, MD: Lexington Books, 2007.
and . People of the Peyote. Albuquerque: University of New Mexico Press, 1996.
and . PIHKAL: A Chemical Love Story. Berkeley, CA: Transform Press, 1991.
. A History of Drugs. Milton Park, UK: Routledge, 2010.
and , eds. Heroin Addiction and the British System: Volume I. London: Routledge, 2004.
. Alcohol: How to Give It Up and Be Glad You Did, A Sensible Approach. Altamonte Springs, FL: Rational Self-Help Press, 1993.
American Diplomacy and the Narcotics Trade: 1900–1939. Durham, NC: Duke University Press, 1969.
Prohibition and the Progressive Movement, 1900–1920. Cambridge, MA: Harvard University Press, 1963.
and , eds. Altering American Consciousness: The History of Alcohol and Drug Use in the United States, 1800–2000. Amherst: University of Massachusetts Press, 2004.
The Great Drug War. New York: Macmillan, 1987.
. Rational Recovery From Alcoholism: The Small Book. Twin Lakes, WI: Lotus Press, 1989.
. Drug Control in the Americas. Albuquerque: University of New Mexico Press, 1981
International Drug Regulatory Mechanisms. New York: Informa Healthcare Publications, 2004.
. Distilling Democracy: Alcohol Education in America's Public Schools, 1880–1925. Lawrence: University of Kansas Press, 1999.
Journals
American Journal of Drug and Alcohol Abuse
American Journal of Public Health
American Journal on Drug Abuse
British Journal of Criminology
Drug and Alcohol Review
European Journal on Crime Policy and Research
International Journal of Drug Policy
Journal of Consulting & Clinical Psychology
Journal of Contemporary Law
Journal of Criminal Law and Criminology
Journal of Drug Education
Journal of Drug Issues
Journal of Drug Policy Analysis
Journal of Psychoactive Drugs
Journal of Studies on Alcohol
Journal of Substance Abuse Treatment
Journal of Substance Misuse World Policy Journal
Internet
Alcohol Policy Information System (APIS)http://www.alcoholpolicy.niaaa.nih.gov
Alcoholics Anonymoushttp://www.aa.org
CDC Alcohol and Public Healthhttp://www.cdc.gov/alcohol
Common Sense for Drug Policyhttp://www.csdp.org
Drug Policy Alliance Networkhttp://www.drugpolicy.org
DrugSense: Drug Policy Reformhttp://www.drugsense.org
European Monitoring Centre for Drugs and Drug Addictionhttp://www.emcdda.europa.eu
Faces and Voices of Recoveryhttp://www.facesandvoicesofrecovery.org
International Drug Policy Consortiumhttp://www.idpc.net
International Narcotics Control Boardhttp://www.incb.org
Join Together: Advancing Effective Alcohol and Drug Policy, Prevention, and Treatmenthttp://www.jointogether.org
LEAP-Law Enforcement against Prohibitionhttp://www.leap.cc
Marijuana Policy Projecthttp://www.mpp.org
National Institute on Alcohol Abuse and Alcoholismhttp://www.niaaa.nih.gov
National Institute on Drug Abusehttp://www.drugabuse.gov
National Organization for Reform of Marijuana Lawshttp://www.norml.org
Rand Drug Policy Research Centerhttp://www.rand.org/multi/dprc
Secular Organizations for Sobriety (SOS)http://www.cfiwest.org/sos
Students for Sensible Drug Policyhttp://www.ssdp.org
United Nations Office on Drugs and Crimehttp://www.unodc.org
Women for Sobriety, Inc. http://www.womenforsobriety.org
World Customs Organizationhttp://www.wcoomd.org

Appendix A: President Richard Nixon's Remarks on Signing the Comprehensive Drug Abuse Prevention and Control Act of 1970

October 27, 1970

MR. ATTORNEY GENERAL, MR. INGERSOLL, LADIES AND GENTLEMEN:

I will in a very few moments be signing this piece of legislation which deals with the problem that the Attorney General has described.

Fifteen months ago I sent an urgent request to the Congress for legislation in this field. I requested it because our survey of the problem of drugs indicated that it was a major cause of street crime in the United States.

Those who have a drug habit find it necessary to steal, to commit crimes, in order to feed their habit. We found also, and all Americans are aware of this, that drugs are alarmingly on the increase in use among our young people. They are destroying the lives of hundreds of thousands of young people all over America, not just of college age or young people in their twenties, but the great tragedy: The uses start even in junior high school, or even in the late grades.

Under these circumstances, this is a national problem. It requires an urgent action on the part of the Federal Government and that action now has been taken by the Congress and, after 15 months, finally the bill will be signed.

I should, however, indicate to you the limitations that this bill has. It does some things which Mr. Ingersoll will approve of and which the Attorney General has asked for. It provides over 300 new agents. New agents who will be able to do this kind of work that Mr. Ingersoll has just described.

It provides for jurisdiction that we have not previously had. The jurisdiction of the Attorney General will go far beyond, for example, heroin. It will cover the new types of drugs, the barbiturates and the amphetamines that have become so common and that are even more dangerous because of their use. And also it provides a very forward-looking program in the field of drug addiction.

This is enormously important. That is one of the reasons that the Department of HEW is represented here, as well as other departments in this field, because once the individual who gets hooked on drugs is in that condition, he is one that we must have sympathy for. We must do everything that we can to cure his habit if it is possible to cure it. Some new cures are being developed, and this will mean that we will have a nationwide program and an effective one in this field where we have not had one before. But this is what the law can do.

We can provide, as we do, more men. We can provide greater jurisdiction. We can deal with the problem of addiction. But there needs to be public support. And I urge all who may be listening to this signing ceremony to remember that in every home in America, in every school in America, in every church in America, over the television and radio media of this country, in our newspapers, the message needs to get through, that this Nation faces a major crisis in terms of the increasing use of drugs, particularly among our young people.

We can deal with it. We have the laws now. We are going to go out and enforce those laws. But in order for those laws to mean anything they must have public support.

There must be knowledge, knowledge among the parents, knowledge among the children, which can only come from wide public information programs.

And therefore, I hope that at the time the Federal Government is moving, as we are moving very strongly in this field, that the whole Nation will join with us in a program to stop the rise in the use of drugs and thereby help to stop the rise in crime; and also save the lives of hundreds of thousands of our young people who otherwise would become hooked on drugs and be physically, mentally, and morally destroyed.

Note: The President spoke at 10:10 a.m. in the offices of the Bureau of Narcotics and Dangerous Drugs. John E. Ingersoll was Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice.

AS ENACTED, THE BILL (H.R. 18583) IS PUBLIC LAW91–513 (84 STAT. 1236).

Appendix B: Controlled Substances Act

Editors' Note: The following, from the U.S. Drug Enforcement Agency, is an excerpt of the updated Controlled Substances Act. This excerpt deals with Offenses and Penalties.

21 USC Sec. 841 02/01/2010

TITLE 21 – FOOD AND DRUGS CHAPTER 13 – DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I – CONTROL AND ENFORCEMENT

Part D – Offenses and Penalties

Sec. 841. Prohibited acts A

Statute
• Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally –
• to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
• to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
• Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
• In the case of a violation of subsection (a) of this section involving –
• 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
• 5 kilograms or more of a mixture or substance containing a detectable amount of –
• coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
• cocaine, its salts, optical and geometric isomers, and salts of isomers;
• ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
• any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
• 50 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
• 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
• 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
• 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
• 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or
• 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or$10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8,000,000 if the defendant is an individual or$20,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 849, 859, 860, or 861 of this title after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. Notwithstanding section 3583 of title 18, any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.
• In the case of a violation of subsection (a) of this section involving –
• 100 grams or more of a mixture or substance containing a detectable amount of heroin;
• 500 grams or more of a mixture or substance containing a detectable amount of –
• coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
• cocaine, its salts, optical and geometric isomers, and salts of isomers;
• ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
• any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
• 5 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
• 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
• 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
• 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
• 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or
• 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers; such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or$5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or$10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.
• In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or$5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or$10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.
• In the case of less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or$1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or$2,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.
• Except as provided in subparagraphs (C) and (D), in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or$2,500,000 if the defendant is other than an individual, or both.
• If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or$5,000,000 if the defendant is other than an individual, or both.
• Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.
• In the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or$1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or$2,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment.
• In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or$250,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 4 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or$500,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.
• Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in section 844 of this title and section 3607 of title 18.
• Any person who violates subsection (a) of this section by cultivating or manufacturing a controlled substance on Federal property shall be imprisoned as provided in this subsection and shall be fined any amount not to exceed –
• the amount authorized in accordance with this section;
• the amount authorized in accordance with the provisions of title 18;
• $500,000 if the defendant is an individual; or •$1,000,000 if the defendant is other than an individual; or both.
• Any person who violates subsection (a) of this section, or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use –
• creates a serious hazard to humans, wildlife, or domestic animals,
• degrades or harms the environment or natural resources, or
• pollutes an aquifer, spring, stream, river, or body of water, shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
• Penalties for distribution. –
• In general. – Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18 (including rape), against an individual, violates subsection (a) of this section by distributing a controlled substance or controlled substance analogue to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18.
• Definition. – For purposes of this paragraph, the term “without that individual's knowledge” means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.
• Offenses involving listed chemicals Any person who knowingly or intentionally –
• possesses a listed chemical with intent to manufacture a controlled substance except as authorized by this subchapter;
• possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by this subchapter; or
• with the intent of causing the evasion of the recordkeeping or reporting requirements of section 830 of this title, or the regulations issued under that section, receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required; shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, or both.
• Boobytraps on Federal property; penalties; “boobytrap” defined
• Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under title 18, or both.
• If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both.
• For the purposes of this subsection, the term “boobytrap” means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.
• Ten-year injunction as additional penalty. In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.
• Wrongful distribution or possession of listed chemicals
• Whoever knowingly distributes a listed chemical in violation of this subchapter (other than in violation of a recordkeeping or reporting requirement of section 830 of this title) shall, except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, be fined under title 18 or imprisoned not more than 5 years, or both.
• Whoever possesses any listed chemical, with knowledge that the recordkeeping or reporting requirements of section 830 of this title have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation shall be fined under title 18 or imprisoned not more than one year, or both.
• Internet sales of date rape drugs
• Whoever knowingly uses the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that –
• the drug would be used in the commission of criminal sexual conduct; or
• the person is not an authorized purchaser; shall be fined under this subchapter or imprisoned not more than 20 years, or both.
• As used in this subsection:
• The term “date rape drug” means –
• gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4-butanediol;
• ketamine;
• flunitrazepam; or
• any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of title 5, to be used in committing rape or sexual assault.

The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority.

• The term “authorized purchaser” means any of the following persons, provided such person has acquired the controlled substance in accordance with this chapter:
• A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the Attorney General. A “qualifying medical relationship” means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice.
• Any practitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this chapter.
• A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any “date rape drug” for which a prescription is not required.
• The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4-butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this chapter.
• Offenses involving dispensing of controlled substances by means of the Internet
• In general It shall be unlawful for any person to knowingly or intentionally –
• deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this subchapter; or
• aid or abet (as such terms are used in section 2 of title 18) any activity described in subparagraph (A) that is not authorized by this subchapter.
• Examples Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally –
• delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section 823(f) of this title (unless exempt from such registration);
• writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 829(e) of the title;
• serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by sections (!2) 823(f) or 829(e) of this title;
• offering to fill a prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire; and
• making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of section 831 of this title.
• Inapplicability
• This subsection does not apply to –
• the delivery, distribution, or dispensation of controlled substances by nonpractitioners to the extent authorized by their registration under this subchapter;
• the placement on the Internet of material that merely advocates the use of a controlled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving a controlled substance; or
• except as provided in subparagraph (B), any activity that is limited to –
• the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of title 47); or
• the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of title 47 shall not constitute such selection or alteration of the content of the communication.
• The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1).
• Knowing or intentional violation Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b).
Source

(Pub. L. 91–513, title II, Sec. 401, Oct. 27, 1970, 84 Stat. 1260; Pub. L. 95–633, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3774; Pub. L. 96–359, Sec. 8(c), Sept. 26, 1980, 94 Stat. 1194; Pub. L. 98–473, title II, Secs. 224(a), 502, 503(b)(1), (2), Oct. 12, 1984, 98 Stat. 2030, 2068, 2070; Pub. L. 99–570, title I, Secs. 1002, 1003(a), 1004(a), 1005(a), 1103, title XV, Sec. 15005, Oct. 27, 1986, 100 Stat. 3207–2, 3207–5, 3207–6, 3207–11, 3702–192; Pub. L. 100–690, title VI, Secs. 6055, 6254(h), 6452(a), 6470(g), (h), 6479, Nov. 18, 1988, 102 Stat. 4318, 4367, 4371, 4378, 4381; Pub. L. 101–647, title X, Sec. 1002(e), title XII, Sec. 1202, title XXXV, Sec. 3599K, Nov. 29, 1990, 104 Stat. 4828, 4830, 4932; Pub. L. 103–322, title IX, Sec. 90105(a), (c), title XVIII, Sec. 180201(b)(2)(A), Sept. 13, 1994, 108 Stat. 1987, 1988, 2047; Pub. L. 104–237, title II, Sec. 206(a), title III, Sec. 302(a), Oct. 3, 1996, 110 Stat. 3103, 3105; Pub. L. 104–305, Sec. 2(a), (b)(1), Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105–277, div. E, Sec. 2(a), Oct. 21, 1998, 112 Stat. 2681–759; Pub. L. 106–172, Secs. 3(b)(1), 5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13; Pub. L. 107–273, div. B, title III, Sec. 3005(a), title IV, Sec. 4002(d)(2)(A), Nov. 2, 2002, 116 Stat. 1805, 1809; Pub. L. 109–177, title VII, Secs. 711(f)(1)(B), 732, Mar. 9, 2006, 120 Stat. 262, 270; Pub. L. 109–248, title II, Sec. 201, July 27, 2006, 120 Stat. 611; Pub. L. 110–425, Sec. 3(e), (f), Oct. 15, 2008, 122 Stat. 4828, 4829.)

References in Text

This subchapter, referred to in subsecs. (a), (b)(1), (c)(1), (2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original “this title,” meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act.” For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables.

Schedules I, II, III, IV, and V, referred to in subsec. (b), are set out in section 812(c) of this title.

Subchapter II of this chapter, referred to in subsec. (b)(1), was in the original “title III,” meaning title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises subchapter II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Tables.

Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. (b)(1)(C), is section 3(a)(1)(B) of Pub. L. 106–172, which is set out in a note under section 812 of this title.

This chapter, referred to in subsec. (g)(2)(B), (3), was in the original “this Act,” meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236.

Amendments

2008 – Subsec. (b)(1)(D). Pub. L. 110–425, Sec. 3(e)(1)(A), struck out “or in the case of any controlled substance in schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam” after “hashish oil.”

Subsec. (b)(1)(E). Pub. L. 110–425, Sec. 3(e)(1)(B), added subpar. (E).

Subsec. (b)(2). Pub. L. 110–425, Sec. 3(e)(2), substituted “5 years” for “3 years,” “10 years” for “6 years,” and “after a prior conviction for a felony drug offense has become final,” for “after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final.”

Subsec. (b)(3). Pub. L. 110–425, Sec. 3(e)(3), substituted “4 years” for “2 years” and “after a prior conviction for a felony drug offense has become final,” for “after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final,” and inserted at end “Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.”

Subsec. (h). Pub. L. 110–425, Sec. 3(f), added subsec. (h). 2006 – Subsec. (b)(5). Pub. L. 109–177, Sec. 732, inserted “or manufacturing” after “cultivating” in introductory provisions.

Subsec. (f)(1). Pub. L. 109–177, Sec. 711(f)(1)(B), inserted “except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies,” after “shall.”

Subsec. (g). Pub. L. 109–248 added subsec. (g). 2002 – Subsec. (b)(1)(A), (B). Pub. L. 107–273, Sec. 3005(a), substituted “Notwithstanding section 3583 of title 18, any sentence” for “Any sentence” in concluding provisions.

Subsec. (b)(1)(C), (D). Pub. L. 107–273, Sec. 3005(a), substituted “Notwithstanding section 3583 of title 18, any sentence” for “Any sentence.”

Subsec. (d)(1). Pub. L. 107–273, Sec. 4002(d)(2)(A)(i), substituted “or fined under title 18, or both” for “and shall be fined not more than $10,000.” Subsec. (d)(2). Pub. L. 107–273, Sec. 4002(d)(2)(A)(ii), substituted “or fined under title 18, or both” for “and shall be fined not more than$20,000.”

2000 – Subsec. (b)(1)(C). Pub. L. 106–172, Sec. 3(b)(1)(A), inserted “gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),” after “schedule I or II,” in first sentence.

Subsec. (b)(1)(D). Pub. L. 106–172, Sec. 3(b)(1)(B), substituted “(other than gamma hydroxybutyric acid), or 30” for “, or 30.”

Subsec. (b)(7)(A). Pub. L. 106–172, Sec. 5(b), inserted “or controlled substance analogue” after “distributing a controlled substance.”

Subsecs. (c) to (g). Pub. L. 106–172, Sec. 9, redesignated subsecs. (d) to (g) as (c) to (f), respectively. 1998 – Subsec. (b)(1). Pub. L. 105–277 in subpar. (A)(viii) substituted “50 grams” and “500 grams” for “100 grams” and “1 kilogram”, respectively, and in subpar. (B)(viii) substituted “5 grams” and “50 grams” for “10 grams” and “100 grams”, respectively. 1996 –

Subsec. (b)(1)(C). Pub. L. 104–305, Sec. 2(b)(1)(A), inserted “, or 1 gram of flunitrazepam,” after “schedule I or II.”

Subsec. (b)(1)(D). Pub. L. 104–305, Sec. 2(b)(1)(B), inserted “or 30 milligrams of flunitrazepam,” after “schedule III.”

Subsec. (b)(7). Pub. L. 104–305, Sec. 2(a), added par. (7).

Subsec. (d). Pub. L. 104–237, Sec. 302(a), in concluding provisions, substituted “not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical,” for “not more than 10 years.”

Subsec. (f). Pub. L. 104–237, Sec. 206(a), inserted “manufacture, exportation,” after “distribution,” and struck out “regulated” after “engaging in any.” 1994 – Subsec. (b). Pub. L. 103–322, Sec. 180201(b)(2)(A), inserted “849,” before “859,” in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 103–322, Secs. 90105(c), 180201(b)(2)(A), in concluding provisions, inserted “849,” before “859,” and struck out “For purposes of this subparagraph, the term ‘felony drug offense’ means an offense that is a felony under any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances.” before “Any sentence under this subparagraph.”

Subsec. (b)(1)(B). Pub. L. 103–322, Sec. 90105(a), in sentence in concluding provisions beginning “If any person commits,” substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final.”

Subsec. (b)(1)(C). Pub. L. 103–322, Sec. 90105(a), in sentence beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final.”

Subsec. (b)(1)(D). Pub. L. 103–322, Sec. 90105(a), in sentence beginning “If any person commits,” substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final.” 1990 – Subsec. (b). Pub. L. 101–647, Sec. 1002(e)(1), substituted “section 859, 860, or 861” for “section 845, 845a, or 845b” in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 101–647, Sec. 1002(e)(1), substituted “section 859, 860, or 861” for “section 845, 845a, or 845b” in concluding provisions.

Subsec. (b)(1)(A)(ii)(IV). Pub. L. 101–647, Sec. 3599K, substituted “any of the substances” for “any of the substance.”

Subsec. (b)(1)(A)(viii). Pub. L. 101–647, Sec. 1202, substituted “or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine” for “or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine.”

Subsec. (b)(1)(B)(ii)(IV). Pub. L. 101–647, Sec. 3599K, substituted “any of the substances” for “any of the substance.”

Subsec. (c). Pub. L. 101–647, Sec. 1002(e)(2), directed amendment of subsec. (c) by substituting “section 859, 860, or 861 of this title” for “section 845, 845a, or 845b of this title.” Subsec. (c) was previously repealed by Pub. L. 98–473, Sec. 224(a)(2), as renumbered by Pub. L. 99–570, Sec. 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. See 1984 Amendment note and Effective Date of 1984 Amendment note below. 1988 – Subsec. (b)(1)(A). Pub. L. 100–690, Secs. 6452(a), 6470(g), 6479(1), inserted “, or 1,000 or more marihuana plants regardless of weight” in cl. (vii), added cl. (viii), substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final” in second sentence, and added provisions relating to sentencing for a person who violates this subpar. or section 485, 485a, or 485b of this title after two or more prior convictions for a felony drug offense have become final and defining “felony drug offense.”

Subsec. (b)(1)(B). Pub. L. 100–690, Secs. 6470(h), 6479(2), inserted “or 100 or more marihuana plants regardless of weight” in cl. (vii) and added cl. (viii).

Subsec. (b)(1)(D). Pub. L. 100–690, Sec. 6479(3), substituted “50 or more marihuana plants” for “100 or more marihuana plants.”

Subsec. (b)(6). Pub. L. 100–690, Sec. 6254(h), added par. (6).

Subsec. (d). Pub. L. 100–690, Sec. 6055(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any person who knowingly or intentionally –

• possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or
• possesses any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used to manufacture phencyclidine except as authorized by this subchapter, shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or$1,000,000 if the defendant is other than an individual, or both.” Subsecs. (f), (g). Pub. L. 100–690, Sec. 6055(b), added subsecs. (f) and (g).1986 – Pub. L. 99–570, Sec. 1005(a), amended Pub. L. 98–473, Sec. 224(a). See 1984 Amendment note below.

Subsec. (b). Pub. L. 99–570, Sec. 1103(a), substituted “, 845a, or 845b” for “or 845a” in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 99–570, Sec. 1002(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “In the case of a violation of subsection (a) of this section involving –

• 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of –
• coca leaves;
• a compound, manufacture, salt, derivative, or preparation of coca leaves; or
• a substance chemically identical thereto;
• a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug;
• 500 grams or more of phencyclidine (PCP); or
• 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than$500,000, or both.”

Subsec. (b)(1)(B). Pub. L. 99–570, Sec. 1002(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In the case of a controlled substance in schedule I or II except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $125,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than$250,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.”

Subsec. (b)(1)(C). Pub. L. 99–570, Sec. 1002(2), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(1)(D). Pub. L. 99–570, Sec. 1004(a), substituted “term of supervised release” for “special parole term” in two places. Pub. L. 99–570, Secs. 1002(1), 1003(a)(1), redesignated former subpar. (C) as (D), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or$1,000,000 if the defendant is other than an individual” for “a fine of not more than $50,000” and “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or$500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual” for “a fine of not more than$100,000,” and inserted “except in the case of 100 or more marihuana plants regardless of weight.”

Subsec. (b)(2). Pub. L. 99–570, Sec. 1004(a), substituted “term of supervised release” for “special parole term” in two places. Pub. L. 99–570, Sec. 1003(a)(2), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or$1,000,000 if the defendant is other than an individual” for “a fine of not more than $25,000” and “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or$500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual” for “a fine of not more than$50,000.”

Subsec. (b)(3). Pub. L. 99–570, Sec. 1003(a)(3), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or$250,000 if the defendant is other than an individual” for “a fine of not more than $10,000” and “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or$200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual” for “a fine of not more than$20,000.”

Subsec. (b)(4). Pub. L. 99–570, Sec. 1003(a)(4), which directed the substitution of “1(D)” for “1(C)” was executed by substituting “(1)(D)” for “(1)(C)” as the probable intent of Congress.

Subsec. (b)(5). Pub. L. 99–570, Sec. 1003(a)(5), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Notwithstanding paragraph (1), any person who violates subsection

• of this section by cultivating a controlled substance on Federal property shall be fined not more than –
• $500,000 if such person is an individual; and •$1,000,000 if such person is not an individual.”

Subsec. (c). Pub. L. 99–570, Sec. 1004(a), substituted “term of supervised release” for “special parole term” wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. (c) by Pub. L. 98–473, Sec. 224(a)(2). See 1984 Amendment note below. Pub. L. 99–570, Sec. 1103(b), substituted “, 845a, or 845b” for “845a” in two places. Subsec. (d). Pub. L. 99–570, Sec. 1003(a)(6), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or$1,000,000 if the defendant is other than an individual” for “a fine of not more than $15,000.” Subsec. (e). Pub. L. 99–570, Sec. 15005, added subsec. (e). 1984 – Subsec. (b). Pub. L. 98–473, Sec. 503(b)(1), inserted reference to section 845a of this title in provisions preceding par. (1)(A). Pub. L. 98–473, Sec. 224(a)(1)-(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L. 99–570, Sec. 1005(a), and the remaining pars. (4) and (6) of Pub. L. 98–473, Sec. 224(a), were redesignated as pars. (1) and (2), respectively. Subsec. (b)(1)(A). Pub. L. 98–473, Sec. 502(1)(A), added subpar. (A). Former subpar. (A) redesignated (B). Subsec. (b)(1)(B). Pub. L. 98–473, Sec. 502(1)(A), (B), redesignated former subpar. (A) as (B), substituted “except as provided in subparagraphs (A) and (C),” for “which is a narcotic drug,” “$125,000” for “$25,000,” and “$250,000” for “$50,000,” and inserted references to laws of a State and a foreign country. Former subpar. (B) redesignated (C). Subsec. (b)(1)(C). Pub. L. 98–473, Sec. 502(1)(A), (C), redesignated former subpar. (B) as (C), substituted “less than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of hashish oil” for “a controlled substance in schedule I or II which is not a narcotic drug,” “and (5)” for “(5), and (6),” “$50,000” for “$15,000,” and “$100,000” for “$30,000,” and inserted references to laws of a State and a foreign country. Subsec. (b)(2). Pub. L. 98–473, Sec. 502(2), substituted “$25,000” for “$10,000” and “$50,000” for “$20,000”, and inserted references to laws of a State or of a foreign country. Subsec. (b)(3). Pub. L. 98–473, Sec. 502(3), substituted “$10,000” for “$5,000” and “$20,000” for “\$10,000,” and inserted references to laws of a State or of a foreign country.

Subsec. (b)(4). Pub. L. 98–473, Sec. 502(4), substituted “(1)(C)” for “(1)(B).” Pub. L. 98–473, Sec. 224(a)(1), as renumbered by Pub. L. 99–570,

Sec. 1005(a), substituted “in section 844 of this title and section 3607 of title 18” for “in subsections (a) and (b) of section 844 of this title.”

Subsec. (b)(5). Pub. L. 98–473, Sec. 502(5), (6), added par. (5) and struck out former par. (5) which related to penalties for manufacturing, etc., phencyclidine.

Subsec. (b)(6). Pub. L. 98–473, Sec. 502(5), struck out par. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds.

Subsec. (c). Pub. L. 98–473, Sec. 224(a)(2), as renumbered by Pub. L. 99–570, Sec. 1005(a), struck out subsec. (c) which read as follows: “A special parole term imposed under this section or section 845, 845a, or 845b of this title may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.” Pub. L. 98–473, Sec. 503(b)(2), inserted reference to section 845a of this title in two places. 1980 – Subsec. (b)(1)(B). Pub. L. 96–359, Sec. 8(c)(1), inserted reference to par. (6) of this subsection. Subsec.

(b)(6). Pub. L. 96–359, Sec. 8(c)(2), added par. (6). 1978 – Subsec. (b)(1)(B). Pub. L. 95–633, Sec. 201(1), inserted “, except as provided in paragraphs (4) and (5) of this subsection,” after “such person shall.”

Subsec. (b)(5). Pub. L. 95–633, Sec. 201(2), added par. (5).

Subsec. (d). Pub. L. 95–633, Sec. 201(3), added subsec. (d).

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as a note under section 802 of this title.

Effective Date of 1988 Amendment

Amendment by section 6055 of Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.

Effective Date of 1986 Amendment

Section 1004(b) of Pub. L. 99–570 provided that: “The amendments made by this section [amending this section and sections 845, 845a, 960, and 962 of this title] shall take effect on the date of the taking effect of section 3583 of title 18, United States Code [Nov. 1, 1987].”

Effective Date of 1984 Amendment

Amendment by section 224(a) of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–633 effective Nov. 10, 1978, see section 203(a) of Pub. L. 95–633 set out as an Effective Date note under section 830 of this title.

Repeals

Pub. L. 96–359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194, repealed section 203(d) of Pub. L. 95–633, which had provided for the repeal of subsec. (d) of this section effective Jan. 1, 1981.

Photo Credits

Volume 1: Flickr/Government of Mexico: 449; Flickr/hellochris: 382; Flickr/International Security Assistance Force Public Affairs: 318, 359, 397, 402; Flickr/Recoverling: 322; http://iStockphoto.com: 14, 195, 229, 239, 248, 289, 375, 387, 420, 426; Library of Congress: 27, 38, 275, 305; National Library of Medicine: 35, 50, 170, 332, 339, 351, 364, 417, 437, 444; USAID: 79, 98, 146; U.S. Coast Guard: 204, 297; U.S. Drug Enforcement Administration: 5, 22, 74, 87, 121, 135, 138, 159, 176, 186, 213, 225, 268, 272, 309, 325, 347, 459, 467, 477; U.S. Immigration and Customs Enforcement: 141, 151, 217, 218; U.S. Marine Corps: 111; U.S. Navy: 256; White House Press Office/Cecil W. Stoughton: 431; Wikimedia: 106; World Bank: 92, 453, 455.

Volume 2: http://iStockphoto.com: 496, 505, 559, 564, 622, 640, 722, 731, 769, 778, 818, 841, 860; Library of Congress: 589, 645, 693, 791, 836, 849; National Archives and Records Administration: 593; National Library of Medicine: 536, 554, 573, 657, 672, 677, 799, 809; USAID: 720, 734, 794, 825; U.S. Coast Guard: 482; U.S. Drug Enforcement Administration: 489, 512, 613, 617, 629, 633, 662, 741, 749, 764, 844; U.S. Immigration and Customs Enforcement: 518; U.S. Navy: 582, 828; White House/Pete Souza: 603; Wikipedia/Eric Hunt: 710; Wikipedia/Tedder: 530; World Bank: 783, 820, 864