Federal drug policy of the United States

Use of heroin peaked between 1969 and 1971, marijuana between 1978 and 1979, and cocaine between 1987 and 1989.[1] A major decline in the use of opium started after the Harrison Act of 1914 was initiated.[2]

An overarching effort to impose mandatory penalties for federal drug crimes took place in the 1980s. This caused many drug crimes that were common at the time to carry mandatory minimum sentences of 5 to 10 years in a federal prison.

In 1996, California voters passed Proposition 215, legalizing the growing and use of marijuana for medical purposes. This created significant legal and enforcement conflict between federal and state government laws. Courts have since decided that a state law in conflict with a federal law concerning cannabis is not valid. Cannabis is restricted by federal law (see Gonzales v. Raich). In 2010 California Proposition 19 (also known as the Regulate, Control & Tax Cannabis Act) was defeated with 53.5% 'No' votes, and 46.5% 'Yes' votes.[3]

Pursuant to regulations (34 C.F.R. 86) required by the Drug-Free Schools and Communities Act Amendments of 1989 (codified at 20 U.S.C. § 1011i), as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education must certify that it has adopted and implemented a drug prevention program which adheres to regulations in 34 C.F.R. 86.100. It has recently gained renewed attention due to Colorado Amendment 64.[4]

Drug policy beginning to relax in new millennium

A review of drug policies at the turn of the century has given way to more relaxed US drug policies. The Reagan, and Nixon administration's "War on Drugs" policy has proved to be ineffective. US prisons are populated with drug users via laws that were implemented in the 1980s. The US has more incarcerated individuals than any other nation. The number is about to reach 2.5 million inmates, of which half are incarcerated on drug related offenses.

Many states looking for a solution to this issue are considering 'Rehabilitation' as opposed to 'Incarceration' for drug users. As of January 2015, 23 states and the District of Columbia have made the use of marijuana legal for medical use. Seven more states are close to adopting the same policies, and Colorado has legalized marijuana completely. Other drugs will come up against much stronger opposition to legalize; however, many Americans believe that all drugs should be legalized, and also believe that eventually it will happen. The money that is now being spent to incarcerate drug users would be redirected to rehabilitation and drug education.

The Office of National Drug Control Policy (ONDCP) oppose legalization of marijuana but support increased use of alternatives to incarceration for substance abuse disorders. A declaration about that, proposed by the US, was in March 2015 approved at an international conference by United Nations Commission on Narcotic Drugs (CND)[5]

See also


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