Guide to US Drug Laws | recovery.org (2023)

Federal drug laws, including the Controlled Substances Act, regulate the possession, trafficking, and manufacture of drugs.

While states have their own drug laws, federal laws supersede federal laws, including those related to the medical/recreational use of marijuana. No federal law regulates drug testing for private companies, but certain laws provide protection for employees.

Federal Drug Laws

Federal drug laws exist to control the use, manufacture, possession, and distribution of various legal and illegal drugs.¹

Federal agencies work with state and local law enforcement agencies to ensure effective controls on substances considered dangerous to individuals and society. Federal agents primarily target human trafficking, but state agencies make the majority of arrests for drug crimes, and many of those arrests are for possession.¹

Each state has its own drug laws and regulations, but the Controlled Substances Act allows the feds to enforce federal drug laws in any jurisdiction, regardless of state law.¹

Narcotics Law

President Richard Nixon pushed for greater government control over drugs in the early 1970s. During his presidency, the Comprehensive Drug Abuse Prevention and Control Act was passed in 1970.¹One aspect of that law was the Controlled Substances Act (CSA), which allowed federal jurisdiction over certain plants, drugs, and chemicals. He established a drug classification or classification system.¹

OCSAconsiders a variety of factors when classifying medications into control categories, including the following:⁴

• The potential for abuse, either real or relative.
• Scientific evidence of the pharmacological effects of the drug.
• All scientific knowledge about the drug.
• Drug history and all information about patterns of abuse
• How widespread is drug abuse?
• Public health risks
• How likely is it that the drug will cause physical or psychological dependence?
• When the substance is part of the manufacturing process of another controlled drug

The drugs are then classified into 1 of 5 lists:⁴

• Schedule I drugs have a high potential for abuse, have no accepted medical treatment in the United States, and are unsafe even when supervised by a physician. Heroin, GHB, LSD, quaaludes, and marijuana are examples of Schedule I drugs.
• Schedule II drugs have a high potential for abuse and dependence, but can be used in the United States under strict controls. Cocaine, PCP (phencyclidine), methamphetamine, and opioids such as methadone, fentanyl, morphine, and hydrocodone are Schedule II substances.
• Class III drugs have a lower potential for abuse than Class I or Class II drugs, are accepted as part of medical treatment, and their misuse can lead to severe psychological dependence and/or mild to moderate physical dependence. These medications includecodeine medicationwith aspirin or paracetamol, anabolic steroids and some barbiturates.
• Class IV drugs have less potential for abuse and psychological or physical dependence than those listed above and are currently accepted for medical use. These include the pain reliever tramadol (Ultram), as well as benzodiazepines such as alprazolam (Xanax), clonazepam (Klonopin), and diazepam (Valium).
• Class V drugs have even less potential for abuse or addiction, are accepted as legitimate medical treatments, and include codeine-containing cough suppressants.

Anti-drug abuse laws of 1986 and 1988

The Substance Abuse Control Act of 1986 allowed the CSA to list substances that look like controlled substances (for example, synthetic drugs) as Schedule I drugs. It also established mandatory minimum penalties for drug trafficking at the federal level, depending on the substance and quantity involved. .

This law also dealt with the differences between dust andcrack-kokain. For example, a person had to be caught with 100 times more powder cocaine than crack to receive the strictest minimum sentence (the ratio was later reduced from 100:1 to 18:1 in 2010).¹

The Drug Abuse Control Act of 1988 was enacted to reduce the availability and demand for drugs.¹This law created the Office of National Drug Control Policy (ONDCP) and the office of the Drug Czar (Director of National Drug Control Policy).¹It introduced criminal penalties for CSA violations in the states and also introduced mandatory minimum sentences for juveniles involved in drug offenses.¹Finally, the law also created the Chemical Diversion and Trafficking Act (CDTA) to reduce the availability of chemicals used in the manufacture of illicit drugs.¹

The new mandatory minimum criminal laws have caused an increase in the prison population for drug-related crimes. Approximately half of the federal prison population is serving time for drug offenses. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving prison terms for drug possession in 2013.¹

group

The burden of possession can be divided into 2 categories: simple possession and possession with distributive intent.

• Simple possession is when a person is caught with a small amount of an illegal substance for personal use.⁵Under federal law, simple possession is a misdemeanor punishable by up to a year in prison and/or a fine of at least $1,000, while state penalties vary widely.^{2, 5}Drug paraphernalia may also be illegal and result in a possession report if the paraphernalia contains drug residue, e.g. B. in a whistle or syringe, or sold expressly for drug use.⁶
• Distributive possession is when a person is caught with a large amount divided into smaller bags and may have scales or large amounts of cash. This crime has more serious consequences.^{2, 6}

trade or distribution

Drug trafficking and distribution laws provide penalties for the transportation, sale, or smuggling of drugs. This term also applies to the illegal distribution of prescription drugs.⁷

Human trafficking is a crime and the penalties depend on the substance or substances, the amount of drugs involved, where the drugs were distributed, where the drugs were seized, and how the drugs were distributed to minors.⁷

heavy drugs

• The minimum federal penalties for trafficking powdered cocaine in quantities of 500 to 4,999 grams are 5 to 40 years in prison with a fine of up to $5 million.^2,3
• Trafficking 1 to 9 grams of LSD (acid), 5 to 49 grams of pure methamphetamine, 50 to 499 grams of mixed methamphetamine, and 100 to 999 grams of mixed heroin carries the same penalties as cocaine. .^2,3
• Sentences for the second offense with these drugs range from 10 years to life in prison, with a fine of up to $8 million.^2,3

marihuana

• Penalties for trafficking less than 50 kilograms of marijuana include up to 5 years in prison and a fine of up to $250,000 for the first offense. A second violation carries a penalty of up to 10 years and a $500,000 fine.^2,3
• Trafficking 50 to 99 kilograms of marijuana can carry up to 20 years in prison or $1 million for the first offense.^2,3
• Larger amounts are penalized more severely.^2,3

manufacturing

Manufacturing refers to participation in every step of the manufacture of an illicit drug, such as B. Selling chemicals used to make drugs, or equipment used to make drugs, or assisting in the production process.⁸

Growingmarihuanacounts as manufacturing along with methamphetamine production.⁸A person caught with 1 to 49 feet of marijuana can face up to 5 years in prison and a fine of up to $250,000. A person caught with more than 1,000 plants could face 10 years to life in prison and a fine of up to $10 million on first offenses.^{2, 3}

Manufacturing illegal drugs near schools or playgrounds can result in double fines and penalties.⁸

marijuana laws

Federal law considers marijuana a Schedule I drug, with penalties for possession, distribution, cultivation, or sale of marijuana. However, several states have enacted laws and regulations governing the medicinal and even recreational use of marijuana.¹

When it comes to marijuana, federal law enforcement has traditionally focused on criminal networks rather than individuals.¹However, current Attorney General Jeff Sessions, an opponent of legalization, has moved to remove protections for medical marijuana growers, sellers, and users.⁹He was quoted as saying that "legalization will lead to more use" and that "federal law remains in effect."¹⁷

Medical marijuana is legal in the following states:¹⁰

States that have legalized recreational marijuana include:¹⁰

• Alaska.
• California.
• District of Colombia.
• Colorado.
• Maine.
• Massachusetts.
• Nevada.
• Oregon.
• Washington.

The medicinal or recreational use of marijuana also differs by state. California, for example, does not list specific medical conditions that justify medical marijuana, while other states such as Iowa, Mississippi, Missouri, Oklahoma, and Tennessee only allow people with severe epilepsy or other debilitating conditions to use marijuana for medical purposes.¹⁰

States like California and Colorado are also open to recreational use, while more conservative states tend to be negative about marijuana use in any form.¹⁰

state drug laws

Each state has individual drug crime laws, and these laws can vary greatly. Each state has its own statutory agencies, scheduling bodies, and Controlled Substances Laws, although federal agencies may assume jurisdiction at any time.^1,11

Most drug crimes are handled at the state level. In 2012, the DEA made just over 30,000 drug arrestsstate and municipal policemade more than 1.3 million drug-related arrests.¹

Various federal agencies, including the DEA, the Federal Bureau of Investigation (FBI), the US Marshals Service (USMS), the Department of Homeland Security (DHS), the US Postal Inspection Service, and the Bureau of Alcohol, Tobacco and Firearms. and Explosives (ATF) are working with state and local officials to reduce drug use and distribution across the country.¹

The consequences of drug possession can vary greatly from state to state.

• In Illinois, possession of less than one ounce of marijuana is punishable by a fine of up to $1,500 and/or up to 30 days in jail. Possession of 2.5 to 10 grams can carry the same fine with up to 6 months in prison, while being caught with 15 to 100 grams of heroin, cocaine, or methamphetamine carries a criminal charge of 4 to 15 years in prison and/or a fine. from up to $200,000.¹²
• In Massachusetts, possession of one ounce (18 grams) or less of marijuana is punishable by a $100 fine and confiscation of the drugs.¹³
• In Texas, possession of less than 2 ounces of marijuana is punishable by a fine of up to $2,000 and/or up to 180 days in jail, between 2 and 4 ounces can result in up to one year in jail and/or a fine of up to $4,000 and possession of 4 ounces to 5 pounds of marijuana can result in a prison sentence of 180 days to two years and a fine of up to $10,000.¹⁴

Labor and drug testing laws

Several state requirements affect drug testing in the workplace. Private employers do not need a policy to ensure drug-free workplaces, except for federal contractors and companies in safety-related or safety-sensitive industries.^15,16

There are two categories of federal substance use laws in the workplace: those that focus on substance use in the workplace and those that protect the civil rights of workers. The second type includesvarious legal acts and directives, Including:¹⁵

• Americans with Disabilities Act (ADA) of 1990 – This law prevents businesses with more than 15 employees from discriminating against applicants or employees based on a history of drug use or visitssubstance use treatment. This law also ensures that companies cannot drug-test employees simply because they act or appear to be under the influence of a substance, since physical symptoms or behavior can be attributed to physical or mental health problems. Questioning whether someone is taking legally prescribed drugs during the pre-employment drug screening is also prohibited.
• Civil Rights Act of 1964 (CRA): The CRA ensures that private companies with 15 or more employees do not discriminate against employees or prospective employees based on race, gender, religion, or ethnicity when selecting specific individuals for drug testing.
• Family and Medical Leave Act (FMLA) of 1993 – This law applies to all public employers and private businesses with more than 50 employees. The FMLA also ensures that any employee who has been employed for at least one year and has worked at least 1,250 hours in the past year can take up to 12 weeks of unpaid leave to seek treatment for drug use or drug-related physical illness. drugs, or to care for a close family member who is seeking treatment for a substance abuse or drug-related medical condition. They are sure that they can return to the same (or similar) position.
• National Labor Relations Act (NLRA) of 1935: The NLRA affects workers who are union members. It ensures that any programs implemented for drug test workers must be negotiated and agreed to by the union. It also requires the employer and union to be clear about when the test will take place, along with the penalties for employees who test positive for drugs or alcohol.

No federal law directly supervises drug testing in the workplace.^sixteenDifferent states have developed their own guidelines for drug testing. For example, some states require the employer to have reasonable suspicion or probable cause before a drug test, even though this policy may violate the ADA.^15,16Other states allow random drug testing only under certain circumstances, while the restrictions may only apply to public employers and not private companies.^sixteen

Some examples of government guidelines are:^sixteen

• Arizona: Private businesses, all school districts, and transportation companies that serve school districts are drug tested. Applicants and employees must be informed in writing of the drug testing policy for it to take effect, and any transportation employee may be tested in the event of an accident or probable cause.
• Idaho: All employers can order drug tests. Employees must receive a drug test notice stating what type of test will be performed and that violating or refusing a test can result in dismissal for misconduct and denial of unemployment benefits.
• Maryland: All employers may drug test all applicants and only employees if they have a valid business reason.

Items for the treatment of alcohol and drug addiction

1. Sacco, LN (2014).Drug Control in the United States: History, Politics, and Trends.
2. Seattle Pacific University. (North Dakota.).Summary of Federal and State Drug Laws.
3. Drug Control Agency. (North Dakota.).Federal penalties for human trafficking.
4. Drug Control Agency. (2017).Drugs of Abuse: A DEA Resource Guide.
5. United States Correctional Services Commission. (2015).Collection Consideration: Simple Possession of Drugs in Federal Criminal Law.
6. Thomson Reuters. (2015).Overview of drug possession.
7. Thomson Reuters. (2017).drug trafficking/distribution.
8. Thomson Reuters. (2017).Manufacture and cultivation of medicines.
9. Los Angeles Times. (2017).Trump and Sessions are ignoring the overwhelming voter support for medical marijuana. Will Congress listen?
10. National Conference of State Legislators. (2017).State Medical Marijuana Laws.
11. United States Drug Enforcement Administration. (North Dakota.).The Narcotics Law.
12. Illinois Wesleyan University. (North Dakota.).Illinois Drug Laws.
13. Boston University. (North Dakota.).Illegal drugs and alcohol.
14. Southern Methodist University. (North Dakota.).Texas State Law and Penalties for Controlled Substances.
15. Substance Abuse and Mental Health Management Services. (2015).Federal Laws and Regulations.
16. American Union for Civil Rights. (2000).State Workplace Drug Testing Laws.
17. Angel, T. (2017).Jeff Sessions criticizes the legalization of marijuana (again).Forbes.