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Narcotic Control Act

The Narcotic Control Act was passed in 1956 in response to the results of a nationwide investigation of narcotics trafficking, addiction, and treatment. The act imposed some of the strictest drug control penalties to date, and was supported by the Federal Bureau of Narcotics (FBN) as a means of reducing narcotics trafficking and use in the United States. The act increased the penalties and mandatory minimum prison sentences outlined by the Boggs Act of 1951 and introduced the death penalty for certain drug offenses. The mandatory minimum sentences imposed by the act were later eliminated by the Comprehensive Drug Abuse Prevention and Control Act of 1970.

Background

The Boggs Act established strict criminal penalties (including mandatory minimum prison sentences) for those who violated the existing laws related to narcotics trafficking and use. Shortly after the Boggs Act passed, Harry Anslinger of the FBN reported a sharp decline in narcotic use by juveniles as a direct result of the severe penalties it imposed. Despite the support from Anslinger and the FBN, the Boggs Act faced criticism from the American Bar Association and the American Medical Association because of the focus on penalties rather than on treatment and rehabilitation of narcotics users.

As a result of the debate over the effectiveness of the Boggs Act, a nationwide investigation of narcotics was introduced by Senator Price Daniel (D-TX) and launched by the Senate Judiciary Committee in 1955. The purpose of the investigation was to gather information about illicit narcotics trafficking, addiction to drugs, and the treatment of drug addiction. The results of the study indicated that narcotics addiction in the United States had tripled since the end of World War II, the United States had more narcotics addicts than all other Western countries combined, and addiction was contagious in nature and would continue to spread without more effective prevention efforts. In response to these findings, Senator Daniel and Congressman Hale Boggs (D-LA) sponsored the Narcotic Control Act of 1956.

Provisions

The Narcotic Control Act toughened the penalties outlines in the Boggs Act and made several amendments to the Internal Revenue Code of 1954 and the Narcotic Drugs Import and Export Act (Jones-Miller Act) of 1922. Notable features of the act included: the introduction of minimum sentences for first offenders, increasing the penalty for possession of marijuana to a felony charge, and the inclusion of the death penalty in some cases. The act outlined stricter penalties for the trafficking and possession of opiates, cocaine, and marijuana, with minimum sentences for first offenders of five to 10 years in prison and maximum sentences for repeat offenders of 10 to 20 years in prison. The penalties for smuggling narcotics into the country and dealing narcotics were increased to five to 20 years in prison for first offenders. Repeat offenders faced a penalty of 10 to 40 years in prison. Those found guilty of selling heroin to anyone under the age of 18 faced the possibility of receiving the death penalty. The act also increased the maximum fine for those found guilty of violating narcotics laws to $20,000.

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