America’s War on Drugs vs. Legalization Essay

For many years, drugs have been the center of crime and the criminal justice system in the United States. Due to this widespread epidemic, President Richard Nixon declared the “War on Drugs” in 1971 with a campaign that promoted the prohibition of illicit substances and implemented policies to discourage the overall production, distribution, and consumption. The War on Drugs and the U.S. drug policy has experienced the most significant and complex challenges between criminal law and the values of today’s society. With implemented drug polices becoming much harsher over the years in order to reduce the overall misuse and abuse of drugs and a expanded federal budget, it has sparked a nation wide debate whether or not they have created more harm than good. When looking at the negative consequences of these policies not only has billions of dollars gone to waste, but the United States has also seen public health issues, mass incarceration, and violent drug related crime within the black market in which feeds our global demands and economy. With this failed approach for drug prohibition, there continues to be an increase in the overall production of illicit substances, high rate of violence, and an unfavorable impact to our nation.

In 1986 Anti-Drug Abuse Act was passed in effort to stop the drug crisis. The Act was aimed towards accountability and zero-tolerance towards addicts.. Critics accused the government of spending too much on enforcing rather than educating and treatment. Its effects were similar to those of Prohibition so in 1988 the act was redone (Bondi 395).

In the late 1980’s and early 1990’s, drug use became a major concern for most Americans. As the War on Drugs and “Just Say No” campaign were being thrust into the spotlight by the government and media, the public became more aware of the scope of drug use and abuse in this country. The federal and states’ governments quickly responded by creating and implementing more harsh and punitive punishments for drug offenses. Most of these laws have either remained unchanged or become stricter in the years since then.

Befor the drug and food act people were unaware of what went on in some factoried and what they were consuming,

As one of the primary federal consumer-protection laws in existence today, The Federal Food and Drug Act of 1906 was a law that had two primary goals for food and drugs: (a) forbid harmful ingredients and additions and (b) demand labeling of ingredients to inform consumers. According to Janssen (1981), it was hoped that the enactment of this law would eliminate adulterations and poisons sometimes found in foods, sometimes in drugs and often in both. The foundation of food and drug protection came from the development of scientific methods of analysis by the Federal Bureau of Chemistry,

The Food and Drugs Act of 1906: This worthless, mislabeled and dangerous drugs led to 1st drug laws with an accurate labeling law added in 1912

For most of our history, drug use has been legal for recreational, religious, and medicinal purposes. During the 19th century, opium, morphine, and cocaine could be purchased over-the-counter to treat medical conditions such as menstrual cramps, teething pain, coughs, depression, and even addiction (Hellerman). On December 17, 1914, the Harrison Narcotics Tax Act was introduced which heavily restricted the use of narcotics, and was based on racial fears and discrimination. The drafters of the bill stated that “negroes under the influence of drugs were murdering whites, degenerate Mexicans were smoking marijuana, and “chinamen” were seducing white women with drugs” (Huggins). Regardless of the restrictions placed on narcotics, the 20th century followed the

The first Pure Food and Drug Act was put into action by Theodore Roosevelt in 1906. The act was passed to prevent the manufacture, sale, or transportation of misbranded or harmful food, drugs, medicines, and liquors. Due to this act the Food and Drug Administration (FDA) came to be. The FDA is now responsible for the testing of all foods and drugs for human consumption and the label warnings on them as well.

In 1906, the Pure Food and Drug Act, that was years in the making was finally passed under President Roosevelt. This law reflected a sea change in medicine-- an unprecedented wave of regulations. No longer could drug companies have a secret formula and hide potentially toxic substances such as heroin under their patent. The law required drug companies to specify the ingredients of medications on the label. It also regulated the purity and dosage of substances. Not by mere coincidence was the law passed only about five years after Bayer, a German based drug company began selling the morphine derivative, heroin. Thought to be a safe, non-habit forming alternative to morphine, heroin quickly became the “cure-all drug” that was used to treat

This act, under the direct administration of the Bureau of Chemistry, forbade the interstate transport of illegal food and drugs, and exposed any responsible parties, that dare to violate the law, to penalty of seizure of the questionable products and/or prosecution. In fact, the foundation of the law relies on the regulation of product labeling rather than pre-market approval. The selling of Drugs, which are defined according to the standards of strength, quality, and purity in the United States Pharmacopoeia and the National Formulary, is denied under any other condition except that the specific variations from the applicable standards were clearly stated on the label. However, there were different standards that defined foods, but the law outlawed the addition of any ingredients that would alternate for the food, hide damage, generate a health danger, or constitute a filthy or decomposed substance. The controversial interpretations of the food provisions in the law engendered many, sometimes prolonged, court battles. In case the manufacturer decided to list the weight or measure of a food, this had to be done accurately. Also, the food or drug label could not be false or misleading in any particular, and the presence and amount of eleven dangerous ingredients, including alcohol, heroin, and cocaine, had to be listed (Nash 276-77).

The War on Drugs not only has many acts that have been in place due to it, but there has been a domino effect with other topics. The War on Drugs has become a complicated, yet important aspect of the U.S. as well as other countries. It was to be believed that the War on Drugs has influenced incarceration. This effect was the ability to imprison those who are using drugs, and the amount of crime will begin to decrease (Lloyd, 2015). Margaret Lloyd (2015), also discussed how a community that has less crime could be a better living area for children, in hopes they will not act in deviant behaviors.

Since the late 19th century, the federal and states governments of the United States have enacted laws and policies to deter the use and distribution of illegal drugs. These laws and policies have not only deemed what drugs are legal and illegal, but have also established penalties for the possession and distribution of these substances and established federal agencies to control drug use and administer drug law enforcement. This essay will not only examine the landmark drug laws and policies established by the federal and state governments, but also the enforcement of drug laws.

The history of drug use dates back for thousands of years with diverse purposes throughout humanity. According to Levinthal (2012), the drug-taking behavior gained federal awareness in the early 1900s, due to the lack of drug control regulations. Moreover, Levinthal (2012) mentions four major drug control laws which were established, including: (1) The Harrison Narcotic Act 1914, (2) The Marijuana Tax Act 1937, (3) The Boggs Act 1951, and (4) The Controlled Substance Act 1970. The drug control laws formed help regulate importation, manufacture, selling, or distribution of drugs within the United States (Levinthal, 2012).

The first was the passage of the Pure Food and Drug Act in 1906. This was a designed more to control the promotion and marketing of bad foods rather than bad drugs. It came as a result of the exposure of the appalling unsanitary conditions in the Chicago Stockyard in a book by Upton Sinclair called The Jungle.

The War on Drugs, like the war on Terrorism, is a war that America may not be able to afford to win. For over forty years the United States has been fighting the War on Drugs and there is no end in sight. It has turned into a war that is about politics and economics rather than about drugs and criminals. The victims of this war are numerous; but perhaps they are not as numerous as those who benefit from the war itself.