Transcript Chapter 10
SUBSTANCE ABUSE
CRIMES
Chapter 10
ALCOHOL PROHIBITION AND REGULATION
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
Abuse of drugs is issue for society
Defining is difficult
ALCOHOL PROHIBITION AND REGULATION
General agreement alcohol is a drug
Most frequently used of them all
Alcohol comes in many forms
Can be considered medicinal
Can lead to various health issues when used in excess
Not always been legal for use in United States
Eighteenth Amendment
Ratified in 1919
Prohibited manufacture, sale, or transportation of intoxicating liquors
within country, along with importation of exportation of alcohol
ALCOHOL PROHIBITION AND REGULATION
Twenty -First Amendment
Ratified in 1933
Repealed Prohibition
Still regulated today
Regulations not always criminal
Many appeal in special code
New York
Statutes and ordinances govern which institutions may serve and
under what circumstances
For those contained in sections other than criminal code,
statutes may provide for criminal penalties
CONTROLLED SUBSTANCES
Any drug statute in question has designated as such
Governments have power to regulate possession, sale,
distribution, and classification
Uniform Controlled Substances Act
Establishes five categories of controlled substances
See Focus 10.1
Categorized primarily in terms of perceived potential for abuse
States free to devise own acts
Must not conflict with federal act
POSSESSION OF CONTROLLED SUBSTANCES
Possession may be
Actual
Person has actual physical control over drug in question
Constructive
Occurs when person who may not have actual possession has power to
possess
Minor in possession
Refers 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 beverages
New York statute
POSSESSION OF CONTROLLED SUBSTANCES
States 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 drug
Possession statutes may specify various degrees of of fenses
May also be categorized in terms of intent
Small amounts may carry stiff penalties
POSSESSION OF DRUG PARAPHERNALIA
Criminal 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 statute
Statutes may also specify other illegal acts
Statutes may also divide into degrees of seriousness,
separate sections for minors, and specify traf ficking
THE MANUFACTURE, PRESCRIPTION, AND
SALE OF ILLEGAL DRUGS
Governments 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 rules
Governments can establish restrictions and regulate
DRUG TRAFFICKING
Illegal sale of controlled substances
One of the most widespread criminal problems in world
Statutes may be simple
May provide long list of conditions
May specify types of drug
May specify amount of drug required
Often written in terms of degrees
May also involve sale of drug paraphernalia
Other crimes may be involved
DRUG TRAFFICKING
May be committed by small -time of fenders
Government targets large sales
Statutes present law enforcement of ficials with challenges
Significant quantities of illegal drugs smuggled into United
States
Difficult to detect
Brought in by couriers
Brought in using many different ways and methods
Can be large or small amounts
DRUG TRAFFICKING
Violence also common in drug traf ficking
Used to reduce or eliminate competition, expand markets, and
intimidate anyone who interferes with trafficking
Many dealers are addicts
Habits consume profits
Drug lords from other countries have big impact
PRESCRIPTION DRUG ABUSE
Of fice 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 abuse
Over 70% got supply from family or friends
Drug induced deaths second only to motor vehicle fatalities
PRESCRIPTION DRUG ABUSE
Seriousness led ONDCP to develop prevention plan
See Focus 10.2
National Institute on Drug Abuse (NIDA)
Emphasizes harmful effects may also come from abuse of drugs
available over the counter
Often mixed with other substances
THE NATURE AND EXTENT OF DRUG ABUSE
Impossible to know nature and extent
FBI 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 2013
Number four times as high or men as for women
Highest rates for non-Hispanic black persons between ages of 45 and
64
Death rates increased in all regions of country
Greatest was in Midwest
Increase in heroin-caused deaths in 2014 alone increased
28%
THE IMPACT OF DRUG ABUSE:
ECONOMIC COST
Impossible to measure accurately
There 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 care
THE IMPACT OF DRUG ABUSE:
DRUGS AND CRIME
Substance abuse and drug traf ficking have been associated
with other criminal acts
Some users commit crimes to finance drug habits
Association must be given serious attention
Evidence does not show drug use causes crime
Argued drugs are driving crime
Drug 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:
FETAL ABUSE
Abusing 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 result
Most cases have not resulted in convictions
Johnson v. State (Fla. 1992)
In re Valerie D. (Conn. 1992)
State v. Peppers (S.C. 2001)
THE IMPACT OF DRUG ABUSE:
FETAL ABUSE
Ferguson 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 fetus
Babies born to women who abuse drugs can suf fer from
multiple health problems
Florida response
THE IMPACT OF DRUG ABUSE:
HEALTH OF ABUSERS
NIDA 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 problems
Mental illness and deaths are associated with substance
abuse
Health issues associated account for significant lost work
days
THE IMPACT OF DRUG ABUSE:
CLUB DRUGS, ALCOHOL, AND CAMPUS
ISSUES
Illegal use of alcohol and other drugs on college and
university campuses is extensive
National Institute on Alcohol Abuse and Alcoholism
See Focus 10.3
Date rape often associated with use of club drugs
Ecstasy and GHB
Latter often called date rape drug
THE IMPACT OF DRUG ABUSE:
CLUB DRUGS, ALCOHOL, AND CAMPUS
ISSUES
In 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
2002
Prohibits renting, leasing, or profiting form any place in which club
drugs are used
THE IMPACT OF DRUG ABUSE:
CLUB DRUGS, ALCOHOL, AND CAMPUS
ISSUES
Many 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 drugs
Some also prohibit specific sexual acts with someone under
influence of date rape or similar drug
THE IMPACT OF DRUG ABUSE:
EFFECTS ON CRIMINAL JUSTICE SYSTEMS
Every aspect of system af fected by drug abuse and ef forts to
control it
Also present personnel with some of their most frustrating
problems
Escalation of drug traf ficking results in serious issues in all
elements of system
Significant number of court cases involve drug -related issues
THE CONTROL OF SUBSTANCE ABUSE
Various approaches used in national ef forts to control illegal
drugs
Forfeiture
Permits government to order personal or real property acquired from
money derived through illegal acts be turned over to government
Approximately 100 federal statutes permit even if criminal charges
not formally filed
Also permitted under state statutes
May occur without prior notice
Some require bond posted over specified percentage
THE CONTROL OF SUBSTANCE ABUSE
U.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 question
Court views forfeiture as punishment and applies cruel and
unusual punishment clause of Eighth Amendment to analysis
of forfeitures
Austin v. United States (1993) and Alexander v. United States (1993)
THE CONTROL OF SUBSTANCE ABUSE
Bennis v. Michigan (1996)
Court upheld forfeiture of property belonging to innocent owner who
was not aware property would be used in crime
Recent ef forts to control drug -related crimes have focused
primarily on long prison sentences
Must be considered in light of total impact on system
THE FEDERAL LEVEL
Major attempt at controlling high -level traf ficking is at federal
level
Efforts relatively recent
Harrison Narcotics Act of 1914
Enacted for purpose of recording sale of drugs and as tax measure
Drugs became increasingly difficult to get from physicians
Boggs Act in 1951
Provided stiff mandatory minimum sentences for drug offenses
THE FEDERAL LEVEL
Narcotic Drug Control Act of 1956
Provided even stiffer penalties
Comprehensive Drug Abuse Prevention and Control Act of
1970
Generally called Controlled Substances Act
Established five categories of controlled substances
See Focus 10.1
Other acts passed in recent years
THE FEDERAL LEVEL:
U.S. WAR ON DRUGS: A BRIEF HISTORY
Initiated by President Nixon in early 1970s
Continued by President Reagan in 1980s
Passage of Anti-Drug Abuse Act of 1986
Increased penalties for federal drug-related offenses
Provided funding for treatment, prevention, and rehabilitation
programs
Has withstood some constitutional challenges
THE FEDERAL LEVEL:
U.S. WAR ON DRUGS: A BRIEF HISTORY
Passage 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 of fice of president
Federal drug-control strategy also contained provisions for
federal grants to state and local agencies for law enforcement
purposes
Violent Crime Control and Law Enforcement Act of 1994
Increased penalties for drug offenses
THE FEDERAL LEVEL:
U.S. WAR ON DRUGS: A BRIEF HISTORY
War on drugs has been hotly debated
Is expensive, costing billions of dollars while showing little
success
May have dif ferential impact on persons of color and the poor
Racial discrimination has been suggested in sentencing as
well
Ratio for penalties of crack versus powder cocaine
THE FEDERAL LEVEL:
U.S. WAR ON DRUGS: A BRIEF HISTORY
African 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 prosecuted
Subsequent presidents tried dif ferent drug policies
THE FEDERAL LEVEL:
RECENT WHITE HOUSE DRUG-CONTROL
POLICIES
R. Gil Kerlikowske confirmed national drug czar in May 2009
Focus would be on reducing demand for illegal drugs
2012 strategy focused on law enforcement, drug prevention,
and public health care approach
Focused on populations disproportionately affected by drug abuse
THE FEDERAL LEVEL:
RECENT WHITE HOUSE DRUG-CONTROL
POLICIES
In 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 control
Obama administration drug plan includes incentives and
financial support for state initiated programs to reduce drug
abuse
THE STATE LEVEL:
MANDATORY SENTENCING
Typical statutes of harsh sentencing ef forts to control drug
traf ficking and use of illegal drugs
New York
Rockefeller Laws
Went into effect in 1973
Increased penalties for drug possession and sale of drugs
Passed with two purposes in mind
Frighten drug users and drug dealers into quitting
Curb drug-related crimes
1977 report concluded neither goals met
THE STATE LEVEL:
MANDATORY SENTENCING
Study 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 laws
New York legislature passed reform bill in 2004
Expanded drug treatment
Reduced prison sentences for certain offenders
Permitted residential treatment for some offenders
Permitted resentencing for some offenders
Other changes made in subsequent years
Still argued needed fixing
THE STATE LEVEL:
MANDATORY SENTENCING
Other states also have long mandatory minimums for drug
of fenses designed to incarcerate hard -core traf fickers for
years
Has not been result
Analysis 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 possession
Types of laws under fire in many jurisdictions
THE STATE LEVEL:
SUBSTANCE ABUSE AND TREATMENT
Treatment approach seen in reactions of some jurisdictions,
including federal government
Idaho statute
No prosecutions solely based on consumption
Declares government should utilize resources to facilitate research
and treatment for alcoholism and drug addiction
California’s Proposition 36
Provided for treatment for first time or second minor drug offenses
THE CONTROL OF SUBSTANCE ABUSE:
DRUG COURTS
Based on diversion and treatment approach
Began 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
1994 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 2001
Programs vary in size and type
Family drug courts exist in some jurisdictions
LEGALIZING MARIJUANA
Many 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 matter
Others say it is dangerous
LEGALIZING MARIJUANA:
MARIJUANA FOR MEDICINAL PURPOSES
Movement led by California in 1996
Passed Proposition 215
Compassionate Use Act of 1996
Legalized use of marijuana by seriously ill persons, with physician’s
prescription
In reaction, Oakland Cannabis Buyers’ Cooperative organized
Provided distribution of marijuana to people qualifying under new act
LEGALIZING MARIJUANA:
MARIJUANA FOR MEDICINAL PURPOSES
Subsequently, 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 cases
Medical need would constitute defense to prosecution of federal
statute
U.S. Supreme Court reversed Ninth Circuit
Necessity defense not applicable
California court issued injunctions
LEGALIZING MARIJUANA:
MARIJUANA FOR MEDICINAL PURPOSES
Injunctions 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 Act
Congress has made some changes
Included 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
Gonzales 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 use
In 2011 , federal agents began conducting raids of some
dispensaries in California
In August 2013, DOJ sent memo to all U.S. Attorneys stating
agency priorities regarding drug enforcement
Memo listed eight priorities
LEGALIZING MARIJUANA:
MARIJUANA FOR MEDICINAL PURPOSES
In 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 marijuana
LEGALIZING MARIJUANA:
RECREATIONAL USE OF MARIJUANA
Some 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 2012
Other jurisdictions have reduced penalties or reclassified
marijuana
California
District of Columbia
LEGALIZING MARIJUANA:
RECREATIONAL USE OF MARIJUANA
Some 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 amounts