Truman Administration, Harry

President Harry Truman was the 33rd president of the United States, from 1945 to 1953. Truman passed some of the most striking and complex U.S. drug legislation during his administration. Truman's most instrumental drug policies included the Boggs Act, the Durham-Humphrey Amendment of 1951, and establishing the Interdepartmental Committee on Narcotics. Truman's domestic policies on drugs were provocative in their day, and remain the basis for current U.S. drug policies. Truman's administration instigated increased government involvement and protection for U.S. citizens in a complex nation that was embarking on a transformation toward a more industrial economy while becoming a leading world power.

The Boggs Act of 1951 was one of the most punitive pieces of legislation in the history of American drug policies. This legislation was the first to include the use of cannabis (marijuana) with other dangerous drugs such as heroin and cocaine. The Boggs Act provided uniform penalties for the Narcotic Drug Import and Export Act and the Marihuana Tax Act. Those charged and convicted of a first offense involving cocaine, marijuana, or opiates received two to five years in prison, second-time offenders received five to ten years in prison, and third-time offenders were to receive 10 to 20 years. The mandatory minimum removed judicial discretion in sentencing by mandating certain sentencing guidelines and removing the judge's ability to suspend a sentence or grant probation. In addition to the mandatory prison sentences, all offenses carried a $2,000 fine. There was no distinction between the drug user and drug dealer, or the amount of drugs in possession.

The Durham-Humphrey Amendment of 1951, which was a direct result of the Federal Food, [Page 780]Drug and Cosmetic Act of 1938, established specific policy guidelines for prescription drugs by distinguishing between legend and over-the-counter drugs. Legend drugs require a physician's prescription, and over-the-counter medications do not. The Durham-Humphrey Act also identifies which original prescriptions and refills can be authorized over the telephone. The act's intent was to have the FDA define the difference between drugs that cannot be used safely without medical supervision. The amendment limits sale of legend drugs to those circumstances deemed necessary by a medical professional, while all other drugs are to be available without a prescription.

The Interdepartmental Committee on Narcotics of 1951 was a clearinghouse of information regarding drug trafficking control and drug treatment. A goal of the committee was to establish a database consisting of federal, state, and local law enforcement agencies that have drug offensives for dissemination to the partnering agencies. Additionally, the clearinghouse maintained information regarding the problems associated with drug addiction that are unique to each drug category, prevention control efforts instituted by each agency, and the results of their efforts, with recommendations provided to President Truman.

The passage of the Boggs Act, the Durham-Humphrey Amendment of 1951, and the Interdepartmental Committee on Narcotics provided a level of regulation of narcotics from a federal, state, and local level as well as created compulsory drug prescription labeling. Even more important was mandatory minimum sentencing for first-time drug offenders. Many supporters argued that these policies would increase law and order in a society that was challenged by complex social and economic discord. Opponents, such as pharmaceutical companies and retail drug businesses, challenged these policies in the judicial system. Despite these influential contributions to drug policy made by the Truman administration, drug addiction and the regulation of prescription drugs continued to present serious challenges for the U.S. government in the decades that followed.

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