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Recommended: Global drug policy
Introduction
The US has a complex patch that has been demonstrated in its framework and enforcement practices that are associated with drug laws. A number of federal and state policies have been formulated that sometimes seem to overlap hence giving rise to a number of conflicts among the different level of governments. This essay will explore and demonstrate the federal drug policy that the US Federal Government is designing and the issues of federalism that the policy raises.
The US Drug Policy
The current US drug control policy has a big concern for the drug abuse context and the general public health especially due to the fact that it is being to young Americans. According to Gaines $ Miller (2010 p.383), the drug prevention is incorporated in form of three elements and has been put under the White House Office, National Drug Control Policy (ONDCP).
Priorities of ONDCP
Termination of drug use before initiation; this focuses on preventing use of drugs and is done by research based programs
Focus on providing heals and treatment to America’s drug users and abusers. This involves programs that are of intervention and drug abuse nature which aim on sustainable recovery of drug users and provision of after care.
The third focus is to unsettle the drug market. This is done by attacking the supply side of the drugs
History
The history of drug use dates back to the 19th century during the US Civil War. This saw a number of policies being introduced and by the year 1898, heroine was inaccessible. The next drugs that were targeted were alcohol and by the year 1906, the US Congress passed the Pure Food and Drug Act (PFDA) to help stop the use of such drugs. The next drug that was targeted was opium and an act was passed in 1909 to ban...
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... states have done this although in different ways. This however does not mean that the national government has been left from a constitutional perspective as it must turn to the “equal protections” clause to claim a clearer and broad mandate for action. However, it seems the Drug Policy is left open for debate.
Conclusion
Policymaking in federal system is fraught with challenges. The Constitution is vague on how the federal government and the national government are to share their responsibilities. There has been an ongoing challenge to sort out roles and responsibilities as far as drug regulation is concerned. However, in spite of the complexity, the federal system provides opportunities for participation by citizens and government officials. As a result, we can have a successful policy making benefits from broad participation of all involved stakeholders.
In Douglas N. Husak’s A Moral Right to Use Drugs he attempts to look at drug use from an impartial standpoint in order to determine what is the best legal status for currently illegal drugs. Husak first describes the current legal situation concerning drugs in America, citing figures that show how drug crimes now make up a large percentage of crimes in our country. Husak explains the disruption which this causes within the judicial system and it is made clear that he is not content with the current way drugs are treated. The figures that Husak offers up, such as the fact that up to one third of all felony charges involve drugs, are startling, but more evidence is needed than the fact that a law is frequently broken to justify it’s repeal.
The biggest question people ask is if the “war on drugs” was successful. According to the White House Office of National Drug Control Policy (ONDCP), “The goals of the program are to reduce illicit drug use, manufacturing and trafficking, drug-related crime and violence, and drug-related health consequences.” The best way to measure the effectiveness of the “war on drugs” is to focus on these basic questions; Is drug use down? Is crime down? and Are drugs less available? Since 1988, drug use by individuals ages 12 and over has remained stable according to the National Household Survey on Drug Abuse (NHSDA). The number of individuals reporting any drug use has increased by approximately 7 million and the number of those who reported drug use in previous months or previous years has remained unchanged. The Organization Monitoring the Future studies drug use, access to drugs, and perspectives towards drugs of junior and senior high school students nationwide. Results of a study conducted in 2005 showed a minor decline in substance abuse by older teens, but drug use among eighth graders stopped remained the same. However, the changes were not statistically significant and ultimately there was no reduction in substance abuse among young students. Crime in the United States has decreased significantly since 1993, according to the Bureau of Justice Statistics. On the other hand,
Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal "Counter Culture" supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently being addressed. The messages of these organizations and individuals include everything from legalization of marijuana for medical purposes, to full-unrestricted legalization of the drug. Of course, the status quo of vote seeking politicians and conservative policy makers has put up a strong resistance to this "new" reform lobby. The reasons for the resistance to the changes in drug policies are multiple and complex. The issues of marijuana’s possible negative effects, its use as a medical remedy, the criminality of distribution and usage, and the disparity in the enforcement of current drug laws have all been brought to a head and must be addressed in the near future. It is apparent that it would be irresponsible and wrong for the government to not evaluate it’s current general drug policies and perhaps most important, their marijuana policy. With the facts of racial disparity in punishment, detrimental effects, fiscal strain and most importantly, the history of the drug, the government most certainly must come to the conclusion that they must, at the very least, decriminalize marijuana use and quite probably fully legalize it.
Cannabis, since its discovery, has been used for recreational and medical purposes. It was seen as a drug that was “safe” and did put the body at risk but benefited it. However, this is not the case anymore because the government under I Controlled Substances Act (CSA) of 1970 law banned the use of the narcotic and has the right to persecute anyone who attains the substance. Nonetheless, the question is not whether the drug is “safe” to use but whether the States should have the power to regulate marijuana or the federal government should continue having the control over the drug. Since 1996, 23 states including Washington D.C have passed laws that have legalized the medical use of marijuana, yet the federal government does not protect or even recognize the rights of users or possessors. The debate over marijuana has picked up momentum and many would agree that all this uprising conflict can be traced back to the constitution and the flaws it presents. The constitution is blamed for not properly distributing the States and Federal powers. Although the federal government currently holds supremacy over marijuana, States should have the power to regulate the drug because under the 10th amendment the federal government only has those powers specifically granted in the constitution, Likewise the States have the right to trade within their own state under the Commerce Clause.
Together, traditional substance abuse services and harm reduction approaches can be incorporated to provide a comprehensive sequence of care—from safer substance use to reduced use to maintaining total abstinence.
National Institute on Drug Abuse (2009). Preventing Drug Abuse: The Best Strategy . Retrieved October 21, 2011, from http://www.nida.nih.gov/scienceofaddiction/strategy.html
The war on drugs and the violence that comes with it has always brought around a hot debate about drug legalization. The amount of violence that is associated with drugs is a result from harsher drug laws and prohibition.
President’s Drug Policy (2004). National Drug Control Strategy. Retrieved on April 13, 2005 from www.whitehousedrugpolicy.gov
Gerdes, Louise I., ed. At Issue: Legalizing Drugs. San Diego: Greenhaven Press, Inc. 2001. Print.
Government has not always seen fit to outlaw psychoactive drugs in the Western world. In fact, there was no prohibition in this country until 1914. Cocaine and Marijuana were both used in the late 19th century both for medicinal and recreational purposes. During this time there was considerable pressure for a ban on alcohol, but narcotics were simply not viewed as a threat to society. N...
President Reagan established the Office of National Drug Control Policy (ONDCP) following the passage of the Anti-Abuse Act of 1988 amidst mounting risk of drug dependence becoming more pervasive in American workplaces and schools. The legislation established the need for the federal government to make a good-faith effort in maintaining drug-free work places, schools, and drug abuse and rehabilitation programs for many users (Eddy, 2005). The early focus for the ONDCP’s was to curb the rising drug threat emanating from the drug cartels operating throughout South America, in...
Drug policy is a crucial topic in the country today. Substance abuse, as well as drug-related crime rates, are a huge problem. This is a fact. The way to fix the problem of substance abuse, however, is widely disagreed upon. Some think that stricter laws regarding drug possession and use would solve the problem, while others believe that loosening the restrictions would be a better option. The issue of legalizing drugs, especially marijuana, is one that is debated all the time. In fact, in 1995, a survey was conducted on the most important policy issues and eighty five percent of the country placed drugs at the top of the list (Falco 1996). Many states are actually beginning to decriminalize, and even legalize, marijuana use for medical perposes. In fact, two states, Washington and Colorado, have legalized the recreational use of marijuana for anybody over the age of twenty-one since 2012. (Hawken, Caulkins, Kilmer, and Kleiman 2013)
There is a need to change the current drug policy due to inefficiency by adopting the above recommend policy that is scientific based and that has credibility by justifiable statistics and research. The policy should be evidenced-based prevention programs, rooted in scientific research on addiction, historical emphases on recovery, increased access to treatment and a complete criminal justice reform if success against drug abuse is to be attained (Carmen, 2015).
In the United States, there is a remarkable diversity of policies at state and local levels. Currently, 13 states have decriminalized use or possession of cannabis, and 16 states have recognized medical use of cannabis, with some states opting for both policies. Due to legislative and voter initiatives, the overview of state and local control policies is constantly changing, generally toward more lenient control regimes. A major gap is emerging, where in many countries strict drug control legislation has impeded access to and availability of essential medicines such as morphine, methadone or ephedrine, in other countries pharmaceutical painkillers are generating the most problematic patterns of nonmedical drug use, replacing heroin. And recently, a new
From the very beginning of human history, drugs have been used for medicine and recreation, some of these recreational uses have been good while others have been lethal. The first known uses drugs comes from the time of the Sumerians around the year 5000 BC. Thousands of years went by before the next recording of drug use with people in Switzerland eating poppy