Chapter 7 - Domestic Public Health Law

Abstract

This chapter explores the regulation of drugs in the United States, as well as federal law and policy surrounding the enforcement of the regulations. Prior to the creation of a federal drug control agency, Congress passed the Harrison Narcotics Act in 1914. The legislative history of the act indicates that Congress was concerned with stemming the increase in the recreational use of narcotics and saw the imposition of a tax as an effective deterrent. Enforcement picked up considerably when the Federal Bureau of Narcotics was created, with Henry Anslinger as its head. Anslinger was opposed to all forms of recreational drug use, and under his guidance the agency's drug policies became more and more restrictive in nature. The Narcotic Control Act of 1956 increased the civil and criminal penalties for drug offenses, both possession and distribution, and strengthened enforcement authority of narcotics agents, who were given the authority to carry guns, serve warrants, and arrest individuals without a warrant. With the increase in drug use in the 1960s and 1970s, federal policy struggled to find a balance between the punitive approach of the enforcement paradigm and the medical paradigm, which argues for a public health approach. The agency tasked with coordinating the federal government's response to illegal drug use is the Office of National Drug Control Policy (ONDCP) in the Executive Branch. In addition to setting national priorities and reviewing the budgets of the multiple other federal agencies with drug control programs, the ONDCP conducts research and a national media campaign focused on reducing illegal drug use in the United States.