ADDICT AS A CRIMINAL - PERPETUATION OF A LEGEND (FROM CRIME IN AMERICA, 2D ED., 1977, BY BRUCE J COHEN - SEE NCJ-43965)

• NCJ Number: 43973
• Author(s): C E REASONS
• Date Published: 1977
• Length: 8 pages
• Corporate Author: F E Peacock Publisher, Inc
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: BASED ON A PAPER PRESENTED TO THE LAW SOCIETY SECTION OF THE PACIFIC SOCIOLOGICAL ASSOCIATION MEETING, PORTLAND, ORE, APRIL 1972

Annotation

THE HISTORY OF THE CRIMINAL APPROACH TO DEALING WITH DRUG USERS IS TRACED FROM ITS INSTITUTIONALIZATION IN THE EARLY 1900'S THROUGH PASSAGE OF THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT IN 1970.

Abstract

THE NARCOTICS DIVISION OF THE TREASURY DEPARTMENT WAS INFLUENTIAL IN CHANGING THE IMAGE OF THE ADDICT AND ADDICTION FROM AILMENT TO EVIL. THE SUCCESS OF THE DIVISION'S EFFORTS TO CRIMINALIZE ADDICTION WAS DEMONSTRATED IN INCREASED ARRESTS FOR FEDERAL NARCOTICS VIOLATIONS AND INCREASED BUDGETARY APPROPRIATIONS FROM 1920 TO 1930. IN 1930, A SEPARATE BUREAU OF NARCOTICS, DISSOCIATED FROM THE BUREAU OF PROHIBITION, WAS ESTABLISHED. THE NEW BUREAU REFLECTED THE PHILOSOPHY OF ITS DIRECTOR, WHO FELT THAT ADDICTS WERE 'IMMORAL, VISCIOUS, SOCIAL LEPERS' TO BE PUNISHED. ALSO IN 1930, THE BUREAU BECAME AWARE OF MARIJUANA AS A NEW DRUG PROBLEM AND URGED STATE LEGISLATION TO CONTROL ITS USE. IN 1937, THE BUREAU PLACED A HIGH TAX ON MARIJUANA, CREATING A NEW CLASS OF CRIMINALS AND PROVIDING MUCH ACTIVITY FOR BUREAU AGENTS. DURING WORLD WAR II, THE MEDIA GAVE RELATIVELY LITTLE ATTENTION TO THE DRUG PROBLEM. HOWEVER, THE KEFAUVER COMMITTEE ON CRIME TURNED ITS ATTENTION IN 1951 TO NARCOTICS AND MARIJUANA IN TELEVISED HEARINGS, AND IN THE ERA OF MCCARTHYISM, THE DRUG PROBLEM BECAME ASSOCIATED WITH COMMUNISM. TWO MAJOR PIECES OF 'GET TOUGH' LEGISLATION WERE PASSED IN THE 1950'S -- THE BOGGS AMENDMENT OF 1951 AND THE 1959 NARCOTICS CONTROL ACT. DURING THIS PERIOD, ADDICTION PER SE WAS MADE A CRIME. CRITICISM OF THE BUREAU'S POLICY INCREASED IN THE LATE 1950'S, NOTABLY IN A JOINT AMERICAN BAR ASSOCIATION-AMERICAN MEDICAL ASSOCIATION REPORT CRITICAL OF THE LAW ENFORCEMENT APPROACH TO DEALING WITH ADDICTS. IN THE SECOND HALF OF THE 1960'S, THE BUREAU ASSIGNED A TASK FORCE TO COMBAT THOSE ASSERTING THAT MARIJUANA IS NOT MORE HARMFUL THAN ALCOHOL AND TOBACCO. A CONSOLIDATED BUREAU OF NARCOTICS AND DANGEROUS DRUGS WAS SUBSEQUENTLY FORMED WITHIN THE DEPARTMENT OF JUSTICE, AND THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970 WAS PASSED. ALTHOUGH THE CONCEPTS OF TREATING AND REHABILITATING ADDICTS RECEIVE MORE EMPHASIS THAN IN THE PAST, THE DRUG PROBLEM REMAINS SHAPED LARGELY BY LAW ENFORCEMENT PERSONNEL AND SOCIETAL PERCEPTIONS OF THE USER, AND THE CRIMINAL APPROACH IS LIKELY TO PREVAIL.