Wilson Administration, Woodrow

Harrison Act

At initial conception, the Harrison Act was designed as a revenue-building measure. Placed under the jurisdiction of the Treasury Department, the Harrison Act was enforced by the Internal Revenue Service (IRS) until the Narcotics Unit of the Bureau of Prohibition eventually took over. According to the act, any agents who manufactured, imported, distributed, or sold opium, cocaine, or heroin products were required to register with the IRS. Medical professionals could register to allocate the named controlled substances, but their prescriptions would be subject to taxation and documentation. Any physician who appeared to prescribe more than the standard amount of opium could risk drawing official attention. Early prosecutions of suspect physicians led to noteworthy Supreme Court rulings that served as precedents for the interpretation of the Harrison Act and later drug policy.

Interpreting Drug Policy

[Page 849]In United States v. Jin Fuey Moy, the Supreme Court approved physician Jin Fuey Moy's prescriptions on the basis that they fell within the normal domain of his practice. This 1916 ruling protected the right for physicians to treat their patients with potentially addictive substances in a controlled and careful manner. Addicts could even be prescribed small amounts of opium to stave off withdrawal symptoms during a gradual detoxification program.

Later Supreme Court cases, United States v. Doremus and Webb v. United States, initially appeared to contradict the earlier United States v. Jin Fuey Moy ruling in which the Supreme Court upheld the Harrison Act. However, close inspection of these cases revealed that the defendants (physicians) were prescribing many times the standard amount of opium approved for medical use. These cases strengthened legislation indicating that physicians and pharmacists would not be permitted to misuse the access to controlled substances that was entrusted to them.

...