Anti-Drug Abuse Act of 1986

Anti-Drug Abuse Act of 1986
Great Seal of the United States
Other short titles
  • Alcohol and Drug Abuse Amendments of 1986
  • Controlled Substance Analogue Enforcement Act of 1986
  • Federal Analog Act
Long title An Act to strengthen Federal efforts to encourage foreign cooperation in eradicating illicit drug crops and in halting international drug traffic, to improve enforcement of Federal drug laws and enhance interdiction of illicit drug shipments, to provide strong Federal leadership in establishing effective drug abuse prevention and education programs, to expand Federal support for drug abuse treatment and rehabilitation efforts, and for other purposes.
Enacted by the 99th United States Congress
Effective October 27, 1986
Citations
Public law 99-570
Statutes at Large 100 Stat. 3207
Codification
Acts amended Administrative Procedure Act
Freedom of Information Act
Titles amended 21 U.S.C.: Food and Drugs
U.S.C. sections amended
Legislative history
Major amendments
Anti-Drug Abuse Act of 1988

The Anti-Drug Abuse Act of 1986 was a law of the War on Drugs passed by the U.S. Congress. Among other things, they changed the system of federal supervised release from a rehabilitative system into a punitive system. The 1986 Act also prohibited controlled substance analogs. The bill enacted new mandatory minimum sentences for drugs, including marijuana.[1][2]

History

The appearance of crack cocaine, the deaths of some well-known sports stars,[3] and concerned parents joined together to create a moral panic surrounding cocaine use, which had earlier been viewed in a more benign or even positive way.[4] In the autumn of 1986, the executive and legislative branches competed over which could propose the most severe laws.[5]

House Democrats expressed considerable concern about the provisions of the bill. However, most ultimately voted for it, describing election pressures and fear of criticism as swaying their decision. Representative Mike Lowry (D), who voted against the bill, described the process as "legislation by political panic". Representative Charles Schumer (D), who voted in favor of the bill, said "the policies are aimed at looking good rather than solving the problem." It was passed in the House with a 378–16 majority on October 17, 1986.[6]

Contents

Money Laundering Control Act

The Money Laundering Control Act of 1986 was enacted as Title I of the Anti-Drug Abuse Act.[7][8] This title criminalized money laundering for the first time in the United States.[8] It also amended the Bank Secrecy Act, the Change in Bank Control Act, and the Right to Financial Privacy Act[8]

Drug crimes

Along with the Comprehensive Crime Control Act of 1984, the act substantially increased the number of drug offenses with mandatory minimum sentences.[9]

This act mandated a minimum sentence of 5 years without parole for possession of 5 grams of crack cocaine while it mandated the same for possession of 500 grams of powder cocaine. This 100:1 disparity was reduced to 18:1, when crack was increased to 28 grams (1 ounce) by the Fair Sentencing Act of 2010.

Spending

The act authorized billions of dollars of spending, although substantially less was actually appropriated. Some of this was used to increase the substance abuse treatment federal block grant program,[10] although treatment providers were disappointed at the reduced appropriations following politicians' earlier promises and authorization.[5]

Other programs funded by the act included drug counseling and education programs,[8] AIDS research,[10] and international cooperation to limit drug production.[8]

The Act also included the Drug Free Schools and Communities Act, which required colleges to establish drug abuse education and prevention programs.[11]

Impact

The law led to an increase in average time imprisoned for drug crimes from 22 months to 33 months.[12]

See also

Citations

References

  • Dowdall, G.W. (2013). College Drinking: Reframing a Social Problem / Changing the Culture. Stylus Publishing. ISBN 978-1-57922-815-6. Retrieved 23 January 2018.
  • Easley, Jonathan (19 June 2011). "The day the drug war really started". Salon.
  • Landsberg, B.K. (2004). Major Acts of Congress: A-E. Major Acts of Congress. Macmillan Reference USA. ISBN 978-0-02-865750-9.
  • Murakawa, N. (2014). The First Civil Right: How Liberals Built Prison America. Studies in Postwar American Political Development. Oxford University Press. ISBN 978-0-19-938072-5.
  • Musto, David F. (2005). "Historical perspectives". In Lowinson, J.H. Substance Abuse: A Comprehensive Textbook. Spiral Manual Series. Lippincott Williams & Wilkins. ISBN 978-0-7817-3474-5.
  • Pollard, A.M.; Daly, J.P. (2014). Banking Law in the United States – Fourth Edition:. Juris Pub. ISBN 978-1-57823-361-8. Retrieved 23 January 2018.
  • Reamer, F.G. (2005). Heinous Crime: Cases, Causes, and Consequences. Columbia University Press. ISBN 978-0-231-50688-5.
  • Richards, J.R. (1998). Transnational Criminal Organizations, Cybercrime, and Money Laundering: A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators. CRC Press. ISBN 978-1-4200-4872-8.
  • Shewan (2013). Drug Use in Prisons. Taylor & Francis. ISBN 978-1-134-43234-9.

Further reading

  • Abadinsky, H. (2013). Drug Use and Abuse: A Comprehensive Introduction. Cengage Learning. ISBN 978-1-305-16164-1.
  • Belgrave, F.Z.; Allison, K.W. (2009). African American Psychology: From Africa to America. SAGE Publications. p. 95,391. ISBN 978-1-4129-6555-2.
  • Hinton, E. (2016). From the War on Poverty to the War on Crime. Harvard University Press. p. 317. ISBN 978-0-674-73723-5.
  • Isralowitz, R. (2004). Drug Use: A Reference Handbook. ABC-CLIO's contemporary world issues. ABC-CLIO. p. 168-179. ISBN 978-1-57607-708-5.
  • King, D.S.; Smith, R.M. (2011). Still a House Divided: Race and Politics in Obama’s America. Princeton Studies in American Politics: Historical, International, and Comparative Perspectives. Princeton University Press. p. 217f,229. ISBN 978-1-4008-3976-6.
  • Leapley, Steven (February 9, 2014). "Analysis Of The Anti-Drug Abuse Act Of 1986". Palomar College.
  • Marcy, W.L. (2010). The Politics of Cocaine: How U. S. Foreign Policy Has Created a Thriving Drug Industry in Central and South America. Chicago Review Press, Incorporated. p. 83-90,134. ISBN 978-1-56976-561-6.
  • Marion, N.E.; Oliver, W.M. (2014). Drugs in American Society: An Encyclopedia of History, Politics, Culture, and the Law [3 volumes]. ABC-CLIO. ISBN 978-1-61069-596-1.
  • Pirog, M.A.; Good, E.M. (2012). Public Policy and Mental Health: Avenues for Prevention. Prevention Practice Kit. SAGE Publications. p. 25. ISBN 978-1-4833-0767-1.
  • Sandoval, L. (2013). "The Anti-Drug Abuse Act of 1986: A Policy Analysis". California State University, Long Beach.
  • Stohr, M.; Walsh, A.; Hemmens, C. (2012). Corrections: A Text/Reader. SAGE Text/Reader Series in Criminology and Criminal Justice. SAGE Publications. p. 128,139. ISBN 978-1-4522-8992-2.
  • Weld, William F. (1987). Handbook on the Anti Drug Abuse Act of 1986 (PDF). Washington, DC: U.S. Dept. of Justice / GPO. oai:quod.lib.umich.edu:MIU01-011327818.
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