ANTI-DRUG LEGISLATION

Anti-Drug Legislation Analysis

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Anti-Drug Legislation Analysis

Introduction

The paper analyzes anti-drug policies announced and formulated by the state and federal legislation. The discussion will include different federal and state anti-drug legislation along with their similarities and differences. Furthermore, proposition of legalizing certain drugs and its impact on different levels of War on Drug will also be a part of the analysis.

Primarily drugs like marijuana, cocaine, and opiates will be our focus of discussion as they include in the top listed drugs in the United States. The early years of the twentieth century, many of the illicit drugs were commonly in use as medicines and no legislation was regulating its use.

Federal and State Anti-Drug Legislation

Anti-drug legislation by the State and Federal government came into existence by the year 1914 in the Federal government came up with Harrison Act in which all doctors prescribing such drugs will have to pay taxes on them. The policies were driven by the sources of either reduction in supply or demand of these drugs. Harrison Act was a step towards reduction in its demand as doctors will resist paying taxes on the prescribed drugs and hence will not prescribe them at all.

In the mid of year 1906, Pure Food and Drug Act was also a means of controlling transportation and circulation of adulterated food and drugs. However, it did not prohibit the use of cocaine and opiate (morphine) drugs but did create a standard of food quality. The state laws were also active in passing legislation to control use of drugs with an ordinance passed in San Francisco, in the year 1875, was an effort in an attempt to reduce the consumption of opium in the opium dens (BJS, 1992).

The difference between the federal and state legislation occurs in the penalties for holding, selling and consuming offensive drugs or any other action that deems to be completely within the boundaries of state or any activity that deems to impact the interstate commerce due to drugs (Amar, 2007). The wide variation occurs with the nature and extent of drugs usage in the state and federal law. Marijuana, a drug more in debate these days, have different penalties and charges in 50 independent states. The legislation is all subject to the prevailing jurisdiction and anti-drug policies. Federal penalties tend to require longer prison sentences and have higher penalties and fines than states (VanderWaa et al., 2006).

Because drug laws are federal, ...