Narcotic Drug Import and Export Act

[Page 546]The Narcotic Drug Import and Export Act of 1922 (also commonly referred to as the Jones-Miller Act) had multiple purposes. It prohibited the possession, use, or import of narcotics (primarily cocaine and opium) in any situation other than for medicinal use, established the Federal Narcotics Control Board to enforce the act, and set out mandatory requirements for those foreign countries wishing to import or export narcotics for legitimate purposes from the United States.

In the 1910s and 1920s, it was presumed that a majority of illegal narcotics brought into the United States were in fact manufactured in the United States, exported legally (often to Canada), and then illegally re-imported. Additionally, there was much propaganda about the widespread use and extreme negative effects of narcotics, some of which was exaggerated to instill fear and garner support for stiffer legislation.

The Narcotic Drug Import and Export Act was sponsored by Senator Homer Jones (OK) and Representative John Miller (WA). Hearings on the bill took place during 1920 and 1921 before the 66th Congress and included testimony asserting that exporting narcotics under the prior federal legislation, the Harrison Act of 1914, was too easily accomplished. The Harrison Narcotics Tax Act of 1914 regulated and taxed the production, importation, and distribution of opiates and was criticized for being overly focused on revenue while being ineffective in significantly impacting the availability of narcotics; it was asserted that the Harrison Act actually increased the number of narcotic users, while at the same time driving the price of narcotics upward.

Dr. Charles Terry testified during the Jones-Miller hearings that no further laws should be amended or enacted until drug addiction was subject to a congressional investigation with the purposes of better understanding the medical side of addiction. Such information could serve as a basis for better-informed legislation and possibly lead to effective treatment. His perspective, common among medical professionals, was that addiction was a medical disease or condition rather than a sign of moral depravity. However, Congress declined to take such action and the struggle continued between the medical community, who saw addiction as medical problem, and the judicial system, which construed it as a criminal problem and operated under the belief that if enough laws could be enacted and punishment was severe enough, illegal drug use would cease. Both sides agreed addiction was a problem but differed significantly on how to address the issue. President Warren Harding signed the Narcotic Drug Import and Export Act in 1922.