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139-504: The Controlled Substances Act ( CSA ) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon . The Act also served as

278-410: A metonym for the federal government. The United States government is based on the principles of federalism and republicanism , in which power is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of

417-495: A chapter called "Jazz and Junk Don't Mix", about black jazz musicians Billie Holiday, who had been handcuffed on her death bed due to suspicion of drug use and possession, and Charlie Parker , who both died after years of illegal heroin and alcohol abuse: Jazz entertainers are neither fish nor fowl. They do not get the million-dollar protection Hollywood and Broadway can afford for their stars who have become addicted – and there are many more than will ever be revealed. Perhaps this

556-707: A complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction , state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in

695-537: A cruel and/or arbitrary exercise of power). It eliminated mandatory minimum sentences and provided support for drug treatment and research. King notes that the rehabilitation clauses were added as a compromise to Senator Harold Hughes , who favored a moderate approach. The bill, as introduced by Senator Everett Dirksen , ran to 91 pages. While it was being drafted, the Uniform Controlled Substances Act , to be passed by state legislatures,

834-670: A doctor who had been addicted to cannabis) was preserved in Bureau files. As head of the Federal Bureau of Narcotics, Anslinger sought, and ultimately received, an increase of reports about smoking of cannabis in 1936 that continued to spread at an accelerated pace in 1937. Before that, the smoking of cannabis had been relatively slight and confined to the Southwest, particularly along the Mexican border. The Bureau first prepared

973-613: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were

1112-441: A legislative plan to seek a new law from Congress that would place cannabis and its distribution directly under federal control. Second, Anslinger ran a campaign against cannabis on radio and at major forums. His view was clear, ideological and judgmental: By the tons it is coming into this country — the deadly, dreadful poison that racks and tears not only the body, but the very heart and soul of every human being who once becomes

1251-739: A manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government, and they cannot be nullified by the Executive or by the Executive and the Senate combined. There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. For example, in Geofroy v. Riggs , 133 U. S. 258, 133 U. S. 267, it declared: "The treaty power, as expressed in

1390-689: A part of Germany ). The family emigrated to the United States in 1881. Robert Anslinger worked in New York for two years, then moved to Altoona, a town founded by the Pennsylvania Railroad . In 1892, the year Harry was born, Robert Anslinger went to work for the Pennsylvania Railroad, seeking more stable employment. Harry Anslinger followed his father in going to work for the Pennsylvania Railroad. After completing

1529-558: A police report. His most infamous story in The American Magazine concerned Victor Licata , who killed his family: An entire family was murdered by a youthful addict in Florida. When officers arrived at the home, they found the youth staggering about in a human slaughterhouse. With an axe he had killed his father, mother, two brothers, and a sister. He seemed to be in a daze ... He had no recollection of having committed

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1668-689: A prescription drug as determined under the Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq. ), may be dispensed without the written or electronically transmitted (21 CFR 1306.08) prescription of a practitioner, except that in emergency situations, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act (21 USC 353 (b)). With exceptions, an original prescription

1807-500: A publication edited by the sociology Professor Alfred R. Lindesmith of Indiana University . Among other works, Lindesmith wrote Opiate Addiction (1947), The Addict and the Law (1965), and a number of articles condemning the criminalization of addiction. Nearly everything Lindesmith did was critical of the War on Drugs , and he specifically condemned Anslinger's role. The AMA/ABA controversy

1946-544: A serious threat to American society ( Wallace Carothers first synthesized nylon on February 28, 1935). This was part of a worldwide trend, unrelated to racial or industrial issues in America; The League of Nations had already implemented restrictions on cannabis in the beginning of the 1930s, and many states in the U.S. had started restricting it in the years before Anslinger was appointed. In 1935, both President Franklin D. Roosevelt and his attorney general publicly supported

2085-478: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without

2224-399: A slave to it in any of its cruel and devastating forms. ... Marihuana is a short cut to the insane asylum. Smoke marihuana cigarettes for a month and what was once your brain will be nothing but a storehouse of horrid specters. Hasheesh makes a murderer who kills for the love of killing out of the mildest mannered man who ever laughed at the idea that any habit could ever get him. ... By using

2363-566: A special election can take place. The House and Senate each have particular exclusive powers. For example, the Senate must approve (give " advice and consent " to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in

2502-527: A substance can be placed in that schedule. The specific classification of any given drug or other substance is usually a source of controversy, as is the purpose and effectiveness of the entire regulatory scheme. The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, absinthe, malt beverages, nicotine or tobacco, as those terms are defined or used in subtitle E of

2641-647: A successor in place, however, Anslinger stayed on in his $ 18,500 a year ($ 145,733 when adjusted for inflation in 2014 dollars) position until later that year. He was succeeded by Henry Giordano in August. Following that, he was the United States' Representative to the United Nations Narcotics Commission for two years, after which he retired. By 1973, Anslinger was completely blind, had a debilitatingly enlarged prostate gland, and suffered from angina . Ironically, when he died, Anslinger

2780-515: A trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of

2919-809: A treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument. According to the Cato Institute, these treaties only bind (legally obligate) the United States to comply with them as long as that nation agrees to remain a state party to these treaties. The U.S. Congress and the President of the United States have the absolute sovereign right to withdraw from or abrogate at any time these two instruments, in accordance with said nation's Constitution , at which point these treaties will cease to bind that nation in any way, shape, or form. A provision for automatic compliance with treaty obligations

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3058-425: A weak relationship. Because refills of prescriptions for Schedule II substances are not allowed, it can be burdensome to both the practitioner and the patient if the substances are to be used on a long-term basis. To provide relief, in 2007, 21 CFR 1306.12 was amended (at 72 FR 64921 ) to allow practitioners to write up to three prescriptions at once, to provide up to a 90-day supply, specifying on each

3197-558: Is always required even though faxing in a prescription in advance to a pharmacy by a prescriber is allowed. Prescriptions shall be retained in conformity with the requirements of section 827 of this title. No prescription for a controlled substance in Schedule II may be refilled. These drugs vary in potency: for example fentanyl is about 80 times as potent as morphine ( heroin is roughly two times as potent). More significantly, they vary in nature. Pharmacology and CSA scheduling have

3336-461: Is because jazz, once considered a decadent kind of music, has only token respectability. Jazz grew up next door to crime, so to speak. Clubs of dubious reputation were, for a long time, the only places where it could be heard. But the times bring changes, and as Billie Holiday was a victim of time and change, so too was Charlie Parker, a man whose music, like Billie's, is still widely imitated. Most musicians credit Parker among others as spearheading what

3475-451: Is called modern jazz. Anslinger hoped to orchestrate a nationwide dragnet of jazz musicians and kept a file called "Marijuana and Musicians." Some critics of Anslinger claim his campaign against cannabis had a hidden agenda rooted in commercial interests not societal welfare. One example of this is that the E. I. DuPont De Nemours and Company industrial firm, petrochemical interests and William Randolph Hearst conspired together to create

3614-582: Is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend

3753-500: Is found at 21 U.S.C.   § 811(d) , which also establishes mechanisms for amending international drug control regulations to correspond with HHS findings on scientific and medical issues. If control of a substance is mandated by the Single Convention, the Attorney General is required to "issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations," without regard to

3892-521: Is further undisputed that the drug has at least some potential for abuse sufficient to warrant control under the CSA , the drug must remain in schedule I. In such circumstances, placement of the drug in schedules II through V would conflict with the CSA since such drug would not meet the criterion of "a currently accepted medical use in treatment in the United States." 21 USC 812(b). (emphasis added) Drugs listed in this control schedule include: In addition to

4031-402: Is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: The executive branch

4170-604: Is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike the U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of

4309-641: Is required to request that the Secretary of State take action, through the commission or the UN Economic and Social Council , to remove the drug from international control or transfer it to a different schedule under the convention. The temporary scheduling expires as soon as control is no longer needed to meet international treaty obligations. This provision was invoked in 1984 to place Rohypnol ( flunitrazepam ) in Schedule IV. The drug did not then meet

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4448-442: Is sometimes credited with ending Anslinger's position of Commissioner of the Federal Bureau of Narcotics. In his later years Anslinger also suffered a mental breakdown characterized by intense paranoia and irrational thoughts, such as believing that addiction was 'contagious' and addicts had to be 'quarantined' or talking about 'secret plots' throughout the world; he was eventually hospitalized because of this breakdown. Anslinger

4587-672: Is the Secretary of Health and Human Services (HHS). Under Article 3 of the Single Convention and Article 2 of the Convention on Psychotropic Substances, the World Health Organization is that authority. The domestic and international legal nature of these treaty obligations must be considered in light of the supremacy of the United States Constitution over treaties or acts and the equality of treaties and Congressional acts. In Reid v. Covert

4726-588: Is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute

4865-473: Is when international treaties require control of a substance. 21 U.S.C.   § 811(h) allows the Attorney General to temporarily place a substance in Schedule I "to avoid an imminent hazard to the public safety". Thirty days' notice is required before the order can be issued, and the scheduling expires after a year. The period may be extended six months if rulemaking proceedings to permanently schedule

5004-677: The Attorney General , John N. Mitchell , was preparing a comprehensive new measure to more effectively meet the narcotic and dangerous drug problems at the federal level by combining all existing federal laws into a single new statute. With the help of White House Counsel head, John Dean ; the executive director of the Shafer Commission , Michael Sonnenreich ; and the Director of the BNDD , John Ingersoll creating and writing

5143-474: The Constitution , and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and

5282-721: The Supreme Court of the United States addressed both these issues directly and clearly holding: [N]o agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution. Article VI , the Supremacy Clause of the Constitution, declares: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, and all Treaties made, or which shall be made, under

5421-532: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are

5560-497: The U.S. Treasury Department that smoking cannabis resulted in insanity, and determined that "the practice of smoking marihuana does not lead to addiction in the medical sense of the word." Released in 1944, the report infuriated Anslinger, who condemned it as unscientific. Later in his career, Anslinger was scrutinized for insubordination for refusing to desist from an attempt to halt the ABA / AMA Joint Report on Narcotic Addiction,

5699-505: The United States District Courts , which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and

Controlled Substances Act - Misplaced Pages Continue

5838-914: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of

5977-713: The White House staff, the National Security Council , the Office of Management and Budget , the Council of Economic Advisers , the Council on Environmental Quality , the Office of the U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include

6116-508: The federal district (national capital) of Washington, D.C. , where the majority of the federal government is based. The U.S. federal government is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by the U.S. Constitution in the Congress , the president , and the federal courts , respectively. The powers and duties of these branches are further defined by acts of Congress, including

6255-403: The mass media as his forum, and receiving much support from yellow journalism publisher William Randolph Hearst , Anslinger propelled the anti-cannabis sentiment from state level to a national movement. He used what he called his "Gore Files" - a collection of quotes from police reports - to graphically depict offenses caused by drug users. They were written in the terse and concise language of

6394-593: The militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court . Congressional oversight

6533-558: The war on drugs , as he zealously advocated for and pursued harsh drug penalties, in particular regarding cannabis . As a propagandist for the war on drugs, he focused on demonizing racial and immigrant groups. Anslinger held office as commissioner for an unprecedented 32 years, until 1962. He then held office for two years as U.S. Representative to the United Nations Narcotics Commission . The responsibilities once held by Anslinger are now largely under

6672-521: The "Gore Files" stories to cannabis usage, and the remaining "two cases could not be disproved because no records existed concerning the crimes." During the 1937 Marihuana Tax Act hearings, Anslinger rehashed the 1933 Licata killings while giving testimony to Congress. In the 1930s, Anslinger's anti-cannabis articles often contained racist themes, to the point that contemporary conservative politicians at one point called for Anslinger to resign based solely on his open racist remarks: Colored students at

6811-545: The $ 50,000 claim of a widower in a railroad accident to be fraudulent. He saved the company the payout and was promoted to captain of railroad police. From 1917 to 1928, Anslinger worked for various military and police organizations on stopping international drug trafficking. His duties took him all over the world, from Germany to Venezuela to Japan . He is widely credited with shaping not only America's domestic and international drug policies but influencing drug policies of other nations, particularly those that had not debated

6950-563: The 1971 Convention on Psychotropic Substances prior to repealing the Controlled Substances Act. The exception would be if the U.S. were to claim that the treaty obligations violate the United States Constitution . Many articles in these treaties—such as Article 35 and Article 36 of the Single Convention—are prefaced with phrases such as "Having due regard to their constitutional, legal and administrative systems,

7089-484: The 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There

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7228-517: The Authority of the United States, shall be the supreme Law of the Land; . . ." There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. These debates, as well as

7367-886: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by

7506-470: The Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government: the executive, the legislative, and

7645-510: The Congress. The United States Congress , under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral , comprising the House of Representatives and the Senate . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among

7784-714: The Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president

7923-643: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by

8062-465: The Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or in that of one of

8201-497: The Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following

8340-615: The Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause , which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has

8479-418: The Controlled Substances Act's criteria for scheduling; however, control was required by the Convention on Psychotropic Substances. In 1999, an FDA official explained to Congress: Rohypnol is not approved or available for medical use in the United States, but it is temporarily controlled in Schedule IV pursuant to a treaty obligation under the 1971 Convention on Psychotropic Substances. At the time flunitrazepam

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8618-604: The DEA may not control the substance. Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator evaluates all available data and makes a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed. Under certain circumstances, the Government may temporarily schedule a drug without following the normal procedure. An example

8757-409: The DEA to handle controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances. The Congressional findings in 21 USC §§ 801(7) , 801a(2) , and 801a(3) state that a major purpose of the CSA is to "enable

8896-418: The DEA's interpretation of the CSA, a drug does not necessarily have to have the same "high potential for abuse" as heroin, for example, to merit placement in Schedule I: [W]hen it comes to a drug that is currently listed in schedule I, if it is undisputed that such drug has no currently accepted medical use in treatment in the United States and a lack of accepted safety for use under medical supervision, and it

9035-428: The DEA, the agency begins its own investigation of the drug. The DEA may begin an investigation of a drug at any time based upon information received from laboratories, state and local law enforcement and regulatory agencies, or other sources of information. Once the DEA has collected the necessary data, the Deputy Administrator of DEA, requests from HHS a scientific and medical evaluation and recommendation as to whether

9174-473: The House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include

9313-425: The House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in

9452-413: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however

9591-415: The Internal Revenue Code of 1986. Some have argued that this is an important exemption, since alcohol and tobacco are two of the most widely used drugs in the United States. Schedule I substances are described as those that have all of the following findings: No prescriptions may be written for Schedule I substances, and such substances are subject to production quotas which the DEA imposes. Under

9730-570: The Parties shall . . ." or "Subject to its constitutional limitations, each Party shall . . ." According to former United Nations Drug Control Programme Chief of Demand Reduction Cindy Fazey , "This has been used by the USA not to implement part of article 3 of the 1988 Convention, which prevents inciting others to use narcotic or psychotropic drugs, on the basis that this would be in contravention of their constitutional amendment guaranteeing freedom of speech ". There are five different schedules of controlled substances, numbered I–V. The CSA describes

9869-427: The Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed. The HHS recommendation on scheduling is binding to the extent that if HHS recommends, based on its medical and scientific evaluation, that the substance not be controlled, then

10008-568: The Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of

10147-510: The Shafer Commission after its chairman, Raymond P. Shafer —to study cannabis abuse in the United States. During his presentation of the commission's First Report to Congress, Sonnenreich and Shafer recommended the decriminalization of marijuana in small amounts, with Shafer stating, [T]he criminal law is too harsh a tool to apply to personal possession even in the effort to discourage use. It implies an overwhelming indictment of

10286-434: The States, or a cession of any portion of the territory of the latter, without its consent." This Court has repeatedly taken the position that an Act of Congress, which must comply with the Constitution, is on a full parity with a treaty, and that, when a statute which is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null. It would be completely anomalous to say that

10425-493: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than

10564-404: The U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until

10703-402: The United States to meet all of its obligations" under international treaties . The CSA bears many resemblances to these Conventions. Both the CSA and the treaties set out a system for classifying controlled substances in several schedules in accordance with the binding scientific and medical findings of a public health authority. Under 21 U.S.C.   § 811 of the CSA, that authority

10842-711: The United States, and international treaties. The nation first outlawed addictive drugs in the early 1900s and the International Opium Convention helped lead international agreements regulating trade. The Pure Food and Drug Act (1906) was the beginning of over 200 laws concerning public health and consumer protections. Others were the Federal Food, Drug, and Cosmetic Act (1938), and the Kefauver Harris Amendment of 1962. In 1969, President Richard Nixon announced that

10981-479: The Univ. of Minn. partying with (white) female students, smoking [marijuana] and getting their sympathy with stories of racial persecution. Result: pregnancy. Two Negroes took a girl fourteen years old and kept her for two days under the influence of hemp. Upon recovery she was found to be suffering from syphilis . Though these stories were often true (whatever the role of cannabis in them), Anslinger's basic attitude

11120-421: The behavior which we believe is not appropriate. The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only with the greatest reluctance. Rufus King notes that this stratagem was similar to that used by Harry Anslinger when he consolidated the previous anti-drug treaties into the Single Convention and took

11259-405: The campaign. Anslinger's efforts were part of the government's broader push to alarm the public about the danger of recreational drugs and to outlaw them. He did this with reference to his own agenda. The La Guardia Committee , promoted in 1939 by New York Mayor Fiorello La Guardia , was the first in-depth study into the effects of smoking cannabis. It systematically contradicted claims made by

11398-402: The case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over

11537-404: The chambers to consider urgent matters. The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate ; this means that they are the designated presiding officer of the Senate. In that capacity,

11676-522: The commission's scheduling decision, he can recommend that the Attorney General initiate proceedings to reschedule the drug accordingly. If the HHS Secretary disagrees with the UN controls, the Attorney General must temporarily place the drug in Schedule IV or V (whichever meets the minimum requirements of the treaty) and exclude the substance from any regulations not mandated by the treaty. The Secretary

11815-440: The creation of executive departments and courts subordinate to the U.S. Supreme Court . In the federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of the republic is the "United States of America". No other name appears in

11954-402: The different schedules based on three factors: The following table gives a summary of the different schedules. Placing a drug or other substance in a certain schedule or removing it from a certain schedule is primarily based on 21 USC §§ 801 , 801a , 802 , 811 , 812 , 813 , and 814 . Every schedule otherwise requires finding and specifying the "potential for abuse" before

12093-410: The dollar amounts of fines and durations of prison terms for violations. Subchapter II describes the laws for exportation and importation of controlled substances, again specifying fines and prison terms for violations. The Drug Enforcement Administration was established in 1973, combining the Bureau of Narcotics and Dangerous Drugs (BNDD) and Customs' drug agents. Proceedings to add, delete, or change

12232-403: The drug are in progress. In any case, once these proceedings are complete, the temporary order is automatically vacated. Unlike ordinary scheduling proceedings, such temporary orders are not subject to judicial review . The CSA creates a closed system of distribution for those authorized to handle controlled substances. The cornerstone of this system is the registration of all those authorized by

12371-673: The drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of HHS. Then, HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse and, on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of

12510-561: The earliest date on which it may be filled. Federal government of the United States [REDACTED] [REDACTED] The federal government of the United States ( U.S. federal government or U.S. government ) is the common government of the United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and

12649-414: The eighth grade, he began to work with his father at the railroad, while starting with his freshman year. Aged 14, he continued to attend morning sessions in the local high school, working afternoons and evenings for the railroad. Failing to receive a high school diploma , in 1909, Harry enrolled at Altoona Business College at the age of 17, and for the next two years received additional tutoring. In 1912, he

12788-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates

12927-500: The highly sensational anti-cannabis campaign so as to eliminate hemp as an industrial competitor to synthetic materials. However, the DuPont Company and industrial historians have dismissed any link between development of nylon and changes in the laws relating to hemp (cannabis); pointing out nylon was a huge success from the start. It was not until 1934, and his fourth year in office, that Anslinger considered cannabis to be

13066-589: The history that surrounds the adoption of the treaty provision in Article VI, make it clear that the reason treaties were not limited to those made in "pursuance" of the Constitution was so that agreements made by the United States under the Articles of Confederation, including the important peace treaties which concluded the Revolutionary War, would remain in effect. It would be manifestly contrary to

13205-595: The issues internally. By 1929, Anslinger returned from his international tour to absorb the duties of Levi G. Nutt as assistant commissioner for the Narcotics Division of the Bureau of Prohibition . At that time, corruption and scandal gripped prohibition and narcotics agencies, and Nutt was caught in the scandal surrounding the business relationship of his son to a gangster and bootlegger named Arnold Rothstein . The ensuing shake-ups and re-organizations set

13344-483: The judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to the nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by

13483-666: The jurisdiction of the U.S. Office of National Drug Control Policy and the agency he ran was a predecessor of the Drug Enforcement Administration (DEA). Anslinger was born in Altoona, Pennsylvania , in 1892. His father, of Swiss German origin, was Robert J. Anslinger, a barber by trade, who was born in Bern , Switzerland . His mother, Rosa Christiana Fladt, was born in the Grand Duchy of Baden (today

13622-486: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are

13761-514: The legislation, Mitchell was able to present Nixon with the bill. The CSA not only combined existing federal drug laws and expanded their scope, but it also changed the nature of federal drug law policies and expanded federal law enforcement pertaining to controlled substances. Title II, Part F of the Comprehensive Drug Abuse Prevention and Control Act of 1970 established the National Commission on Marijuana and Drug Abuse —known as

13900-741: The multiple crimes. The officers knew him ordinarily as a sane, rather quiet young man; now he was pitifully crazed. They sought the reason. The boy said that he had been in the habit of smoking something which youthful friends called " muggles ," a childish name for marijuana. This story was referenced in the 1937 anti-weed film Reefer Madness . It is one of 200 violent crimes which were documented in Anslinger's "Gore Files" series. It has since been discovered that Licata murdered his family due to severe mental illness, which had been diagnosed early in his youth, and not because of cannabis use. Researchers have now proved that Anslinger wrongly attributed 198 of

14039-400: The named substance, usually all possible ethers, esters, salts and stereoisomers of these substances are also controlled and also 'analogues', which are chemically similar chemicals. Schedule II substances are those that have the following findings: Except when dispensed directly to an ultimate user by a practitioner other than a pharmacist, no controlled substance in Schedule II, which is

14178-479: The national implementing legislation for the Single Convention on Narcotic Drugs . The legislation created five schedules (classifications), with varying qualifications for a substance to be included in each. Two federal agencies, the Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA), determine which substances are added to or removed from the various schedules, although

14317-448: The normal scheduling procedure or the findings of the HHS Secretary. However, the Secretary has great influence over any drug scheduling proposal under the Single Convention, because 21 U.S.C.   § 811(d)(2)(B) requires the Secretary the power to "evaluate the proposal and furnish a recommendation to the Secretary of State which shall be binding on the representative of the United States in discussions and negotiations relating to

14456-457: The objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights—let alone alien to our entire constitutional history and tradition—to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. In effect, such construction would permit amendment of that document in

14595-702: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of

14734-456: The opportunity to add new provisions that otherwise might have been unpalatable to the international community. According to David T. Courtwright, "the Act was part of an omnibus reform package designed to rationalize, and in some respects to liberalize, American drug policy." (Courtwright noted that the Act became, not libertarian , but instead repressionistic to the point of tyrannical in its intent;

14873-488: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in

15012-497: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call

15151-478: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying

15290-437: The power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023 , three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of

15429-420: The powers to levy and collect taxes ; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court , combat piracies and felonies , declare war , raise and support armies , provide and maintain a navy , make rules for the regulation of land and naval forces, provide for, arm and discipline

15568-502: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes

15707-485: The president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains

15846-474: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in

15985-525: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for " treason , bribery , or other high crimes and misdemeanors ". The president may not dissolve Congress , but has

16124-482: The proposal." Similarly, if the United Nations Commission on Narcotic Drugs adds or transfers a substance to a schedule established by the Convention on Psychotropic Substances, so that current U.S. regulations on the drug do not meet the treaty's requirements, the Secretary is required to issue a recommendation on how the substance should be scheduled under the CSA. If the Secretary agrees with

16263-487: The same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress. Harry Anslinger Anslinger has been characterized as an early proponent of

16402-463: The schedule of a drug or other substance may be initiated by the DEA, the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen. When a petition is received by

16541-597: The song “Strange Fruit,” nor was there any campaign to suppress it" and Holiday was instead pursued by Bureau of Narcotics mainly for her history of drug use. Porter writes that Johann Hari's 2015 book, Chasing the Scream: The First and Last Days of the War on Drugs , is where the allegation that Holiday was targeted for singing "Strange Fruit" originated and that this claim didn't appear anywhere else before that. In his 1964 book, The Protectors , Anslinger included

16680-594: The sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,

16819-687: The stage for Anslinger, perceived as an honest and incorruptible figure, to advance not only in rank but in political stature. Anslinger also assumed all the duties of Nutt's role as Secretary of the Federal Narcotics Control Board , which was dissolved less than a year later in June 1930. In 1930, at age 38, Anslinger was appointed the founding commissioner of the Treasury's Federal Bureau of Narcotics . The illegal trade in alcohol (then still under Prohibition) and illicit drugs

16958-754: The statute passed by Congress created the initial listing. Congress has sometimes scheduled other substances through legislation such as the Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000 , which placed gamma hydroxybutyrate (GHB) in Schedule I and sodium oxybate (the isolated sodium salt in GHB) in Schedule III when used under an FDA New Drug Application (NDA) or Investigational New Drug (IND). Classification decisions are required to be made on criteria including potential for abuse (an undefined term), currently accepted medical use in treatment in

17097-525: The term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington" is sometimes used as

17236-434: The three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created congressional committees , which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in

17375-529: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction , wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"

17514-518: The vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment . Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to

17653-522: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking vote . Pursuant to the Twelfth Amendment , the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College . As first in the U.S. presidential line of succession , the vice president's duties and powers move to

17792-407: The war on drugs as a pretext for the Federal Bureau of Narcotics who had little to do following the end of prohibition. Hari states that Anslinger hated addicts, Latinos, and African Americans and that Anslinger was "so racist that he was regarded as a crazy racist in the 1920s." However, these allegations have been disputed, with historian Lewis Porter noting that "there was no federal objection to

17931-514: The work with the Uniform State Narcotic Act between 1925 and 1932. Anslinger had not been active in that process until approximately 1930. Anslinger collected stories of cannabis causing crime and violence, and ignored evidence that allowed for other interpretations. Doctor Walter Bromberg pointed out that substance abuse and crime are heavily confounded and that none of a group of 2,216 criminal convictions he had examined

18070-548: Was also being drafted by the Department of Justice ; its wording closely mirrored the Controlled Substances Act. Since its enactment in 1970, the Act has been amended numerous times: The Controlled Substances Act consists of two subchapters. Subchapter I defines Schedules I–V, lists chemicals used in the manufacture of controlled substances, and differentiates lawful and unlawful manufacturing, distribution, and possession of controlled substances, including possession of Schedule I drugs for personal use; this subchapter also specifies

18209-403: Was being treated with regular doses of morphine, which had been prescribed for his angina. Additionally, Anslinger provided morphine to Senator Joseph McCarthy , who was addicted to both alcohol and morphine. When Anslinger tried to persuade McCarthy to quit morphine, McCarthy reminded him of the potential for a public scandal. Anslinger relented and steadily supplied McCarthy with morphine that

18348-512: Was clearly connected to cannabis's influence. He also ignored a discussion forwarded to him by the American Medical Association , in which 29 of 30 pharmacists and drug industry representatives objected to his proposals to ban cannabis. One such statement claimed that the proposal was "Absolute rot. It is not necessary. I have never known of its misuse.". However, only the single dissenter (who noted he had once encountered

18487-497: Was followed by local laws in many other states, and by state laws in the 1910s and 1920s. | The federal Pure Food and Drug Act of 1906 regulated the labeling of patent medicines that contained "cannabis indica". In 1925, in the International Opium Convention , the United States supported regulation of "Indian hemp" in its use as a drug. Recommendations from the International Opium Convention inspired

18626-410: Was granted a furlough permitting him to enroll at Pennsylvania State College , where he studied in a two-year associate degree program in business and engineering, while working during weekends and vacation periods. Anslinger gained notoriety early in his career. At the age of 23 (in 1915), while working as an investigator for the Pennsylvania Railroad, he performed a detailed investigation that found

18765-693: Was paid for by the Bureau and obtained from a local drugstore. This arrangement continued until McCarthy's death in 1957. On November 14, 1975, at 1 p.m., Anslinger died of heart failure at the former Mercy Hospital (later known as Bon Secours Hospital Campus of the Altoona Regional Health System , now defunct) in Altoona, Pennsylvania . He was 83, and was buried at the Hollidaysburg Presbyterian Cemetery in Hollidaysburg, Pennsylvania . He

18904-447: Was placed temporarily in Schedule IV (November 5, 1984), there was no evidence of abuse or trafficking of the drug in the United States. The Cato Institute 's Handbook for Congress calls for repealing the CSA, an action that would likely bring the United States into conflict with international law , were the United States not to exercise its sovereign right to withdraw from and/or abrogate the Single Convention on Narcotic Drugs and/or

19043-459: Was shown in remarks not related to any particular story, such as: Reefer makes darkies think they're as good as white men. According to Johann Hari , the Federal Bureau of Narcotics under Anslinger targeted Billie Holiday in response to her 1939 song " Strange Fruit ," which criticized racist lynchings . Hari wrote that Anslinger assigned an agent to track her after she refused to stop speaking out about racism. According to Hari, Anslinger used

19182-605: Was surprised to be re-appointed by President John F. Kennedy in February 1961. The new president had a tendency to invigorate the government with more youthful civil servants and, by 1962, Anslinger was 70 years old, the mandatory age for retirement in his position. In addition, during the previous year, he had witnessed his wife Martha's slow and agonizing death due to heart failure, and had lost some of his drive and ambition. On his 70th birthday, May 20, 1962, Anslinger submitted his resignation to Kennedy. Because Kennedy did not have

19321-496: Was targeted by the Treasury, not primarily as social evils that fell under other government purview, but as losses of untaxed revenue. Appointed by department Secretary Andrew W. Mellon , who was his wife's uncle, Anslinger was given a budget of $ 100,000 and wide scope. Restrictions on cannabis ( cannabis sativa , often called "Indian Hemp" in documents before the 1940s) as a drug started in local laws in New York in 1860. That

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