Anti-Drug Abuse Act of 1986

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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 June 19, 1986 death of Len Bias (University of Maryland basketball star), the morning after he signed with the NBA champion Boston Celtics, and the June 27, 1986 death of Don Rogers (safety) (Cleveland Browns, 1985 Defensive Rookie of the Year) -- both from cocaine use,[3] encouraged U.S. Rep. Thomas P. (Tip) O'Neill, Jr. (D-MA), the Speaker of the House of Representatives, to mobilize the House Democratic leadership to assemble an omnibus anti-drug bill that became the Anti-Drug Abuse Act of 1986. [4] The congressional interest and intense news coverage created a moral panic surrounding cocaine use, which had earlier been viewed in a more benign or even positive way.[5] that made enacting this legislation so important. [6] In September and October of 1986, the House (with a Democratic majority) and the Senate (with a Republican majority) competed over which could propose the most severe laws in advance of the pivotal midterm election.[7]

A few 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." The House passed the Senate version with a 378–16 majority on October 17, 1986.[8]

Contents

Money Laundering Control Act

The Money Laundering Control Act of 1986 was enacted as Title I of the Anti-Drug Abuse Act.[9][10] This title criminalized money laundering for the first time in the United States.[10] It also amended the Bank Secrecy Act, the Change in Bank Control Act, and the Right to Financial Privacy Act[10]

Drug crimes

Along with the Comprehensive Crime Control Act of 1984, the act substantially increased the number of drug offenses with mandatory minimum sentences.[11]

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.[citation needed]

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,[12] although treatment providers were disappointed at the reduced appropriations following politicians' earlier promises and authorization.[7]

Other programs funded by the act included drug counseling and education programs,[10] AIDS research,[12] and international cooperation to limit drug production.[10]

The Act also included the Drug Free Schools and Communities Act, which required colleges to establish drug abuse education and prevention programs.[13]

Impact

The law led to an increase in average time imprisoned for drug crimes from 22 months to 33 months.[14]

See also

Citations

  1. Snitch: Drug Laws and Snitching – a Primer. Frontline (U.S. TV series). Public Broadcasting Service. The article also has a chart of mandatory minimum sentences for first time drug offenders.
  2. Thirty Years of America's Drug War. Frontline (U.S. TV series).
  3. Easley 2011.
  4. [1]
  5. Musto 2005, p. 11.
  6. Reinarman and Levine, "Crack in America: Demon Drugs and Social Justice", Univ. of Cal. Press, 1997
  7. 7.0 7.1 Musto 2005, p. 12.
  8. Murakawa 2014, p. 133.
  9. Richards 1998, p. 136.
  10. 10.0 10.1 10.2 10.3 10.4 Pollard & Daly 2014, p. 16.19.
  11. Reamer 2005, p. 134.
  12. 12.0 12.1 Landsberg 2004, p. 213.
  13. Dowdall 2013, p. 128.
  14. Shewan 2013, p. 89f.

References

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Further reading

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