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Drug Attorneys and Narcotic Attorneys

What is Drugs and Narcotics Law?

Federal controls over the drug supply began with inspection of imported drugs in 1848. Modern drugs and narcotics law encompass federal, state and international laws to interdict and eradicate the use, cultivation, processing and transportation of illicit drugs.

The Drug Enforcement Administration (DEA) is the lead Federal agency in enforcing narcotics and controlled substance laws and regulations. The Administration maintains liaison with the United Nations, INTERPOL (International Criminal Police Organization - ICPO), and other organizations on matters relating to international narcotics control programs. It has offices throughout the United States and in 50 foreign countries.

The first national drug law was the Pure Food and Drug Act of 1906, which required accurate labeling of patent medicines containing opium and certain other drugs. In 1914 the Harrison Narcotic Act forbade sale of substantial doses of opiates or cocaine except by licensed doctors and pharmacies. Later, heroin was totally banned. Subsequent Supreme Court decisions made it illegal for doctors to prescribe any narcotic to addicts; many doctors who prescribed maintenance doses as part of an addiction treatment plan were jailed, and soon all attempts at treatment were abandoned.

Throughout the years, the public's perception of the dangers of specific substances changed. The surgeon general's warning label on tobacco packaging gradually made people aware of the addictive nature of nicotine. By 1995, the Food and Drug Administration was considering its regulation. The recognition of fetal alcohol syndrome brought warning labels to alcohol products. The addictive nature of prescription drugs such as diazepam (Valium) became known, and caffeine came under scrutiny as well.

Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970 over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

What is the U.S. Drug Abuse Regulation and Control Act of 1970?

The U.S. Drug Abuse Regulation and Control Act of 1970 (Controlled Substances Act) is designed to limit and control access to intoxicating drugs and to control certain other drugs of abuse, such as anabolic steroids used by athletes to increase muscle mass. It is a law over and above the Food, Drug, and Cosmetic Act and the Durham-Humphrey laws that designate drugs as prescription only or over the counter and freely available to the public. Thus, a prescription drug may or may not also be a controlled substance.

The Food and Drug Administration (FDA) decides which drugs are prescription, while the DEA decides which drugs are controlled substances. In 1970, Controlled Substances Act replaced the Harrison Narcotic Act, which preceded it. The newer act allows for finer control of drugs of abuse, since it uses 5 categories instead of 3. Along with the Controlled Substances Act were harsher prison sentences, new DEA registration numbers for all prescribers or drug handlers, and other additions that are beyond the scope of this document.

Most states have passed laws that mirror the Controlled Substances Act, although from state to state there are differences and peculiarities. As a rule, a state can add restrictions to the federal Act, but almost never reverses or reduces them. Pharmacies and doctors must conform to all applicable laws within their jurisdiction.

Should I hire a Drug/Narcotics Attorney?

If you are being investigated or charged with any drug offense, use this site to locate a qualified Lead Counsel Drug/Narcotics Attorney who can defend your legal rights and protect your freedom.

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