Drug laws have changed over time.
The status of certain drugs as legal or illegal has also changed over time. For example, although alcohol was part of the American landscape from the beginning, in the 1800s a temperance movement gained momentum until 1920 when the 18th Amendment and the Volstead Act were passed, prohibiting the sale of alcohol. These were repealed in 1933. Cocaine and morphine were used in patent medicines since colonial days, but were unregulated until 1906.
Pure Food and Drug Act of 1906
The Pure Food and Drug Act of 1906 was passed in response to concerns over addictive drugs in patent medicines, which often contained cocaine, opium and morphine. The law required labeling of patent medicines with the amounts of opium, morphine, cocaine, marijuana, alcohol and heroin in each product.
Controlled Substances Act of 1970
Current U.S. drug laws stem from the 1970 Controlled Substances Act. This law classified drugs according to medical use, the danger of abuse, and the likelihood of producing addiction. The Act contains modifying provisions in order to add drugs or move drugs from one classification to the other. This act also establishes maximum penalties for the manufacture and/or distribution of classified drugs.
Listed Drugs
Although other drugs were added later, the Controlled Substances Act listed methamphetamines, heroin, cocaine, cocaine base, PCP and LSD. Fetanyl, and Fetanyl analog (synthetic opiates), are also included, along with codeine, hydrocodone, and some barbiturates, as well as Darvon, Talwin, Valium and Xanax.
Penalties
The severity of penalties for violating the Controlled Substances Law varies depending on whether it is a first or second offense and the quantity of the substance found. For example, penalties for a first offense for possession of 10 to 99 g of pure methamphetamine can be not less than five years or more than 40 years. The penalty for possession of 100 g of pure methamphetamine on a second offense is not less than 20 years.
Other Drug Regulations
The Psychotropic Substances Act of 1978 created a process for adding substances to the controlled substances list. It also extended U.S. rights to influence drug classification on the international level. The Controlled Substances Penalties Amendments Act of 1984 increased penalties for recidivists, included foreign drug convictions, and doubled the penalties for distribution of controlled substances within 1,000 feet of school property. The Chemical Diversion and Trafficking Act of 1988 added provisions limiting the sale and manufacture of precursor chemicals used in the manufacture of controlled substances, as well as some equipment and supplies used in the manufacture of controlled substances. The Domestic Chemical Diversion and Control Act of 1993 regulated bulk ephedrine and pseudoephedrine transactions and required reporting and import/export notices for these substances.
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