Drug defined First part refers to use for positive reasons Second suggests negative meaning Concerns criminal law May be used to alter structure and function of body May be done in illegal or legal ways but to excess or abuse ID: 911072
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Slide1
Chapter 10
Substance Abuse Crimes
Slide2Drug definedFirst part refers to use for positive reasons
Second suggests negative meaning
Concerns criminal lawMay be used to alter structure and function of bodyMay be done in illegal or legal ways but to excess or abuseAbuse of drugs is issue for societyDefining is difficult
Alcohol Prohibition and Regulation
Slide3General agreement alcohol is a drug
Most frequently used of them all
Alcohol comes in many formsCan be considered medicinalCan lead to various health issues when used in excessNot always been legal for use in United StatesEighteenth AmendmentRatified in 1919Prohibited manufacture, sale, or transportation of intoxicating liquors within country, along with importation of exportation of alcohol
Alcohol Prohibition and Regulation
Slide4Twenty-First AmendmentRatified in 1933
Repealed Prohibition
Still regulated todayRegulations not always criminalMany appeal in special codeNew YorkStatutes and ordinances govern which institutions may serve and under what circumstancesFor those contained in sections other than criminal code, statutes may provide for criminal penalties
Alcohol Prohibition and Regulation
Slide5Any drug statute in question has designated as such
Governments have power to regulate possession, sale, distribution, and classification
Uniform Controlled Substances ActEstablishes five categories of controlled substancesSee Focus 10.1Categorized primarily in terms of perceived potential for abuseStates free to devise own actsMust not conflict with federal act
Controlled Substances
Slide6Possession may beActual
Person has actual physical control over drug in question
ConstructiveOccurs when person who may not have actual possession has power to possessMinor in possessionRefers to minor in actual possession of alcohol (or other drugs) but may also encompass all minors in designated areas in which law enforcement find alcohol, even if not all the minors know about the illegal beveragesNew York statute
Possession of Controlled Substances
Slide7States prohibiting possession may categorize as felony or misdemeanor
Vary in terms of categories used and extent of sanctions imposed
Marijuana is most frequently used illicit drugPossession statutes may specify various degrees of offensesMay also be categorized in terms of intentSmall amounts may carry stiff penaltiesPossession of Controlled Substances
Slide8Criminal laws may also prohibit possession of drug paraphernalia
Any item, product, or material that could be used to violate controlled substance statutes
Statutes may require accused be in possession with intent to violate controlled substance statuteStatutes may also specify other illegal actsStatutes may also divide into degrees of seriousness, separate sections for minors, and specify traffickingPossession of Drug Paraphernalia
Slide9Governments may permit manufacture, prescription, and sale of drugs, including controlled substances
Licensed manufacturers, pharmacists, and specified medical persons
Persons under care may possess provided they follow rulesGovernments can establish restrictions and regulateThe Manufacture, Prescription, and Sale of Illegal Drugs
Slide10Illegal sale of controlled substances
One of the most widespread criminal problems in world
Statutes may be simpleMay provide long list of conditionsMay specify types of drugMay specify amount of drug requiredOften written in terms of degreesMay also involve sale of drug paraphernalia
Other crimes may be involved
Drug Trafficking
Slide11May be committed by small-time offenders
Government targets large sales
Statutes present law enforcement officials with challengesSignificant quantities of illegal drugs smuggled into United StatesDifficult to detectBrought in by couriersBrought in using many different ways and methodsCan be large or small amounts
Drug Trafficking
Slide12Violence also common in drug trafficking
Used to reduce or eliminate competition, expand markets, and intimidate anyone who interferes with trafficking
Many dealers are addictsHabits consume profitsDrug lords from other countries have big impactDrug Trafficking
Slide13Office of National Drug Control Policy (ONDCP) classifies prescription drug abuse as fastest growing problem in United States
Centers for Disease Control (CDC) describe as an epidemic
Revealed as second most frequent type of substance abuseOver 70% got supply from family or friendsDrug induced deaths second only to motor vehicle fatalitiesPrescription Drug Abuse
Slide14Seriousness led ONDCP to develop prevention planSee Focus 10.2
National Institute on Drug Abuse (NIDA)
Emphasizes harmful effects may also come from abuse of drugs available over the counterOften mixed with other substancesPrescription Drug Abuse
Slide15Impossible to know nature and extentFBI reported for 2014, 83.1% of arrests were for drug possession
Highest was for marijuana (39.7%)
Death rate from heroin overdose almost quadrupled between 2000 and 2013Number four times as high or men as for womenHighest rates for non-Hispanic black persons between ages of 45 and 64Death rates increased in all regions of countryGreatest was in Midwest
Increase in heroin-caused deaths in 2014 alone increased 28%
The Nature and Extent of Drug Abuse
Slide16Impossible to measure accuratelyThere are many facets
Federal estimates alone are staggering
NIDA estimates annual cost of alcohol, tobacco, and illicit drugs is over $700 billion in costs related to crime, lost work productivity, and health careThe Impact of Drug Abuse:Economic Cost
Slide17Substance abuse and drug trafficking have been associated with other criminal
acts
Some users commit crimes to finance drug habitsAssociation must be given serious attentionEvidence does not show drug use causes crimeArgued drugs are driving crimeDrug abuse may lead to crime on part of victims of abuser, or lifestyle changes by abuser that lead to other criminal activity
Implications complicated by other factors
The Impact of Drug Abuse:
Drugs and Crime
Slide18Abusing a fetus
Some jurisdictions use criminal law to cover pregnant women using drugs, including alcohol, cigarettes, and prescription drugs, causing injury (or death) to her fetus
Variety of injuries may resultMost cases have not resulted in convictionsJohnson v. State (Fla. 1992)In re Valerie D. (Conn. 1992)
State v. Peppers
(S.C. 2001)
The Impact of Drug Abuse:
Fetal Abuse
Slide19Ferguson v. Charleston (2001)
U.S. Supreme Court ruled pregnant women suspected of drug abuse may not be tested for drugs without their permission if purpose is to alert police to substance abuse
Even with possibility that substance abuse could endanger fetusBabies born to women who abuse drugs can suffer from multiple health problemsFlorida response
The Impact of Drug Abuse:
Fetal Abuse
Slide20NIDA describes drug abuse as major public health problem
Cites research showing some major diseases may be related to drug abuse
Can also contribute to major social problemsMental illness and deaths are associated with substance abuseHealth issues associated account for significant lost work days
The Impact of Drug Abuse:
Health of Abusers
Slide21Illegal use of alcohol and other drugs on college and university campuses is extensive
National Institute on Alcohol Abuse and Alcoholism
See Focus 10.3Date rape often associated with use of club drugsEcstasy and GHBLatter often called date rape drug
The Impact of Drug Abuse:
Club Drugs, Alcohol, and Campus Issues
Slide22In 2000, President Clinton signed bill into law toughening penalties for possession and distribution of GHB
Placed GHB in Schedule I category of federal Controlled Substances Act
Reducing Americans’ Vulnerability to Ecstasy (RAVE) Act of 2002Prohibits renting, leasing, or profiting form any place in which club drugs are usedThe Impact of Drug Abuse:
Club Drugs, Alcohol, and Campus Issues
Slide23Many states have passed legislation to regulate club drugs
One problem is substitute drugs have been developed to avoid reach of statutes
Some statutes include chemicals that are similar in chemistry or effect to named drugsSome also prohibit specific sexual acts with someone under influence of date rape or similar drugThe Impact of Drug Abuse:
Club Drugs, Alcohol, and Campus Issues
Slide24Every aspect of system affected by drug abuse and efforts to control it
Also present personnel with some of their most frustrating problems
Escalation of drug trafficking results in serious issues in all elements of systemSignificant number of court cases involve drug-related issuesThe Impact of Drug Abuse:Effects on Criminal Justice Systems
Slide25Various approaches used in national efforts to control illegal drugs
Forfeiture
Permits government to order personal or real property acquired from money derived through illegal acts be turned over to governmentApproximately 100 federal statutes permit even if criminal charges not formally filedAlso permitted under state statutesMay occur without prior noticeSome require bond posted over specified percentage
The Control of Substance Abuse
Slide26U.S. Supreme Court has shown some concern with potential unfairness of
forfeitures
Court has ruled value of seized property must not be excessive when compared to seriousness of crimes in questionCourt views forfeiture as punishment and applies cruel and unusual punishment clause of Eighth Amendment to analysis of forfeituresAustin v. United States (1993) and Alexander v. United States (1993)
The Control of Substance Abuse
Slide27Bennis v. Michigan (1996)
Court upheld forfeiture of property belonging to innocent owner who was not aware property would be used in crime
Recent efforts to control drug-related crimes have focused primarily on long prison sentencesMust be considered in light of total impact on systemThe Control of Substance Abuse
Slide28Major attempt at controlling high-level trafficking is at federal level
Efforts relatively recent
Harrison Narcotics Act of 1914Enacted for purpose of recording sale of drugs and as tax measureDrugs became increasingly difficult to get from physiciansBoggs Act in 1951Provided stiff mandatory minimum sentences for drug offenses
The Federal Level
Slide29Narcotic Drug Control Act of 1956
Provided even stiffer penalties
Comprehensive Drug Abuse Prevention and Control Act of 1970Generally called Controlled Substances ActEstablished five categories of controlled substancesSee Focus 10.1Other acts passed in recent years
The Federal Level
Slide30Initiated by President Nixon in early 1970sContinued by President Reagan in 1980s
Passage of Anti-Drug Abuse Act of 1986
Increased penalties for federal drug-related offensesProvided funding for treatment, prevention, and rehabilitation programsHas withstood some constitutional challengesThe Federal
Level:
U.S. War on Drugs: A Brief History
Slide31Passage of Anti-Drug Abuse Act of 1988
Directed President to examine extent and nature of drug problem and propose policies for dealing with it
ONDCP established within office of presidentFederal drug-control strategy also contained provisions for federal grants to state and local agencies for law enforcement purposesViolent Crime Control and Law Enforcement Act of 1994Increased penalties for drug offenses
The Federal
Level:
U.S. War on Drugs: A Brief History
Slide32War on drugs has been hotly debatedIs expensive, costing billions of dollars while showing little
success
May have differential impact on persons of color and the poorRacial discrimination has been suggested in sentencing as wellRatio for penalties of crack versus powder cocaineThe Federal
Level:
U.S. War on Drugs: A Brief History
Slide33African Americans argue they are more often selected for drug prosecutions
United States v. Armstrong
(1996)U.S. Supreme Court ruled defendant alleging racial bias must show similarly situated persons of other races were not prosecutedSubsequent presidents tried different drug policiesThe Federal Level:
U.S. War on Drugs: A Brief History
Slide34R. Gil Kerlikowske
confirmed national drug czar in May 2009
Focus would be on reducing demand for illegal drugs2012 strategy focused on law enforcement, drug prevention, and public health care approachFocused on populations disproportionately affected by drug abuseThe Federal Level:
Recent White House Drug-Control Policies
Slide35In 2014, emphasis placed on drug treatment rather than incarceration
2016 Companion to the National Drug Control Strategy
Requested increase of more than $1.2 billion over previous year’s budget for drug controlObama administration drug plan includes incentives and financial support for state initiated programs to reduce drug abuseThe Federal Level:
Recent White House Drug-Control Policies
Slide36Typical statutes of harsh sentencing efforts to control drug trafficking and use of illegal drugs
New York
Rockefeller LawsWent into effect in 1973Increased penalties for drug possession and sale of drugsPassed with two purposes in mindFrighten drug users and drug dealers into quittingCurb drug-related crimes1977 report concluded neither goals met
The State Level:
Mandatory Sentencing
Slide37Study of New York laws revealed significant increase in court congestion, increased costs, and overcrowding of jails and prisons
Crimes related to drug use did not go down
New York judges openly criticized lawsNew York legislature passed reform bill in 2004Expanded drug treatmentReduced prison sentences for certain offendersPermitted residential treatment for some offendersPermitted resentencing for some offenders
Other changes made in subsequent years
Still argued needed
fixing
The State Level:
Mandatory Sentencing
Slide38Other states also have long mandatory minimums for drug offenses
designed to incarcerate hard-core traffickers for years
Has not been resultAnalysis of 58,000 drug convictions won by local prosecutors in Houston, TX area revealed 77% involved defendants who had less than a gram of drug in their possessionTypes of laws under fire in many jurisdictionsThe State Level:
Mandatory Sentencing
Slide39Treatment approach seen in reactions of some jurisdictions, including federal government
Idaho statute
No prosecutions solely based on consumptionDeclares government should utilize resources to facilitate research and treatment for alcoholism and drug addictionCalifornia’s Proposition 36Provided for treatment for first time or second minor drug offenses
The State Level:
Substance Abuse and Treatment
Slide40Based on diversion and treatment approachBegan in Miami, FL in 1989
Constitute alternative to traditional prosecution in criminal courts
Described as “supervised by a sitting judge, a drug court is an intensive, community-based treatment, rehabilitation, and supervision program for drug defendants”The Control of Substance Abuse:Drug Courts
Slide411994 federal criminal code revision included provision for federal drug courts and grants to states to develop drug
courts
Drug courts in operation in all states in 2001Programs vary in size and typeFamily drug courts exist in some jurisdictionsThe Control of Substance Abuse:
Drug Courts
Slide42Many agree some aspects of substance abuse should be included in criminal law
Not much agreement on criminalization of possession of small amounts of drugs such as marijuana
Many consider use to be private matterOthers say it is dangerousLegalizing Marijuana
Slide43Movement led by California in 1996
Passed Proposition 215
Compassionate Use Act of 1996Legalized use of marijuana by seriously ill persons, with physician’s prescriptionIn reaction, Oakland Cannabis Buyers’ Cooperative organizedProvided distribution of marijuana to people qualifying under new act
Legalizing Marijuana:
Marijuana for Medicinal Purposes
Slide44Subsequently, federal district court enjoined cooperative
Group refused and was held in contempt of court
Ninth Circuit Court of Appeals ruled necessity defense applies in such casesMedical need would constitute defense to prosecution of federal statuteU.S. Supreme Court reversed Ninth CircuitNecessity defense not applicableCalifornia court issued injunctions
Legalizing Marijuana:
Marijuana for Medicinal Purposes
Slide45Injunctions allowed government to process violators through civil courts and avoid criminal courts with harsher
penalties
Challenge for advocates is now to convince Congress to amend Schedule I of the Controlled Substances ActCongress has made some changesIncluded amendment prohibiting federal prosecutors from using federal funds to prosecute medical marijuana charges legal in in states in which they occur
Legalizing Marijuana:
Marijuana for Medicinal Purposes
Slide46Gonzales v.
Raich
(2005)U.S. Supreme Court ruled Congress has authority to enact legislation to regulate growth of marijuana by persons who use it for medicinal reasons even though state permits useIn 2011, federal agents began conducting raids of some dispensaries in CaliforniaIn August 2013, DOJ sent memo to all U.S. Attorneys stating agency priorities regarding drug enforcementMemo listed eight priorities
Legalizing Marijuana:
Marijuana for Medicinal Purposes
Slide47In 2015, Supreme Court of Colorado decided state’s medical marijuana amendment is “lawful activity” under state’s “lawful activity statute”
Coats v. Dish Network, LLC (Colo. 2015)
Employer may discharge employee for violating law, including state law permitting medical use of marijuanaLegalizing Marijuana:Marijuana for Medicinal Purposes
Slide48Some states have legalized possession of small amounts for personal use
Colorado first state to decriminalize possession of small amounts for personal, recreational use
Sales have gone rather smoothly since beginning in December 2012Other jurisdictions have reduced penalties or reclassified marijuanaCaliforniaDistrict of Columbia
Legalizing Marijuana:
Recreational Use of Marijuana
Slide49Some jurisdictions have reduced number of arrests made for possession of small amounts
New York
Many practical, social, legal, medical, philosophical, and other issues arising from trend toward decriminalizing possession of small amountsLegalizing Marijuana:Recreational Use of Marijuana