Anti-Drug Abuse Act of 1986
The Anti-Drug Abuse Act of 1986 was a law pertaining to the War on Drugs passed by the U.S. Congress and signed into law by U.S. President Ronald Reagan. 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]
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| Other short titles |
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| 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 |
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| Legislative history | |
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| Major amendments | |
| Anti-Drug Abuse Act of 1988 | |
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 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]
Contents
Money Laundering Control Act
The Money Laundering Control Act of 1986 was enacted as Title I of the Anti-Drug Abuse Act.[8][9] This title criminalized money laundering for the first time in the United States.[9] It also amended the Bank Secrecy Act, the Change in Bank Control Act, and the Right to Financial Privacy Act[9]
Drug crimes
Along with the Comprehensive Crime Control Act of 1984, the act substantially increased the number of drug offenses with mandatory minimum sentences.[10]
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.
The law also banned the operation of venues intended for use of illegal drugs, a provision known as the "Crackhouse Law". It was amended in the RAVE Act of 2003.[11]
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,[9] AIDS research,[12] and international cooperation to limit drug production.[9]
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]
Racial Effect
Race neutral language such as "War on Drugs" and "Tough on Crime" had a large and detrimental impact for racial minorities in the United States. The "War on Drugs" which led to the Anti-Drug Abuse Act, was put in place for the government to pose itself as "creating a better society" and "protecting our children." However, this major focus on criminalizing drugs predominantly affected minorities due to increased police presence mainly in the inner cities. At this time, powder cocaine was of very popular use outside of cities in the suburbs. Crack cocaine was a new and popular drug in the inner cities such as Los Angeles, New York City, Detroit, Philadelphia, etc., due to it's cheaper prices compared to powder cocaine. The lower-income population of the inner cities contained a lot more diversity than the suburbs, with more Black, Hispanic and Latino communities. Due to the distinct population in the inner-cities, police were intensifying their presence and targeting those areas specifically. Meanwhile, the suburban and upper-class users of powder cocaine were ignored from the "War on Drugs" policy, media portrayals and enforcement measures.[15]
President Reagan and his administration prioritized crack cocaine a lot heavier than powder cocaine because of populations who used each. The Anti-Drug Abuse Act created a significant disparity in the sentences imposed for crimes involving powder cocaine vs crack cocaine, with the ratio of 100 to 1. For example, a drug crime involving 5 grams of crack cocaine resulted in a mandatory minimum sentence of 5 years in federal prison, while crimes involving 500 grams of powder cocaine received the same sentence.[16] After the Anti-Drug Abuse Act, the amount of Black people sent to federal prison skyrocketed from approximately 50 in 100,000 adults, to approximately 250 in 100,000 adults.[17] During that same period of mass increase in Black prison rates, there was almost no change in the number of white people incarcerated in federal prison.
There also was a very apparent disparity in the sentencing length between races: prior to the enactment of the Anti-Drug Abuse Act, Black people received drug sentences 11% longer than sentences received by whites, that percentages increase to 49% in the following years after the laws enactment. This disparity led to a major racial and class imbalance where minorities faced extremely harsher punishment for use and sale of virtually the same drug as their affluent, white counterparts. [18]
See also
Citations
- 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.
- Thirty Years of America's Drug War. Frontline (U.S. TV series).
- Easley 2011.
- "Pro/Con - Eric e. Sterling | Snitch | FRONTLINE | PBS". PBS.
- Musto 2005, p. 11.
- Reinarman and Levine, "Crack in America: Demon Drugs and Social Justice", Univ. of Cal. Press, 1997
- Musto 2005, p. 12.
- Richards 1998, p. 136.
- Pollard & Daly 2014, p. 16.19.
- Reamer 2005, p. 134.
- Erin Treacy, The Rave Act: A Specious Solution to the Serious Problem of Increased Ecstasy Distribution: Is It Unconstitutionally Overbroad, 28 Hastings COMM. & ENT. L.J. 229 (2005).
- Landsberg 2004, p. 213.
- Dowdall 2013, p. 128.
- Shewan 2013, p. 89f.
- |url=https://policing.umhistorylabs.lsa.umich.edu/s/crackdowndetroit/page/reagan-s-national-drug-strategy |website=Omeka Beta Service |access-date=21 April 2022}}
- "Oct. 27, 1986: Anti-Drug Abuse Act Creates Racially Biased 100 to 1 Crack/Powder Disparity". Equal Justice Incentive. Retrieved 21 April 2022.
- "Oct. 27, 1986: Anti-Drug Abuse Act Creates Racially Biased 100 to 1 Crack/Powder Disparity". Equal Justice Incentive. Retrieved 21 April 2022.
- "Reagan's National Drug Strategy". Omeka Beta Service. Retrieved 21 April 2022.
References
- Dowdall, G.W. (2013). College Drinking: Reframing a Social Problem / Changing the Culture. Stylus Publishing. ISBN 978-1-57922-815-6. Retrieved 23 January 2018.
- Easley, Jonathan (19 June 2011). "The day the drug war really started". Salon.
- Landsberg, B.K. (2004). Major Acts of Congress: A-E. Major Acts of Congress. Macmillan Reference USA. ISBN 978-0-02-865750-9.
- Murakawa, N. (2014). The First Civil Right: How Liberals Built Prison America. Studies in Postwar American Political Development. Oxford University Press. ISBN 978-0-19-938072-5.
- Musto, David F. (2005). "Historical perspectives". In Lowinson, J.H. (ed.). Substance Abuse: A Comprehensive Textbook. Spiral Manual Series. Lippincott Williams & Wilkins. ISBN 978-0-7817-3474-5.
- Pollard, A.M.; Daly, J.P. (2014). Banking Law in the United States – Fourth Edition. Juris Pub. ISBN 978-1-57823-361-8. Retrieved 23 January 2018.
- Reamer, F.G. (2005). Heinous Crime: Cases, Causes, and Consequences. Columbia University Press. p. 134. ISBN 978-0-231-50688-5.
- Richards, J.R. (1998). Transnational Criminal Organizations, Cybercrime, and Money Laundering: A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators. CRC Press. ISBN 978-1-4200-4872-8.
- Shewan (2013). Drug Use in Prisons. Taylor & Francis. ISBN 978-1-134-43234-9.
Further reading
- Abadinsky, H. (2013). Drug Use and Abuse: A Comprehensive Introduction. Cengage Learning. ISBN 978-1-305-16164-1.
- Belgrave, F.Z.; Allison, K.W. (2009). African American Psychology: From Africa to America. SAGE Publications. p. 95,391. ISBN 978-1-4129-6555-2.
- Hinton, E. (2016). From the War on Poverty to the War on Crime. Harvard University Press. p. 317. ISBN 978-0-674-73723-5.
- Isralowitz, R. (2004). Drug Use: A Reference Handbook. ABC-CLIO's contemporary world issues. ABC-CLIO. p. 168-179. ISBN 978-1-57607-708-5.
- King, D.S.; Smith, R.M. (2011). Still a House Divided: Race and Politics in Obama's America. Princeton Studies in American Politics: Historical, International, and Comparative Perspectives. Princeton University Press. p. 217f,229. ISBN 978-1-4008-3976-6.
- Leapley, Steven (February 9, 2014). "Analysis Of The Anti-Drug Abuse Act Of 1986". Palomar College.
{{cite journal}}: Cite journal requires|journal=(help) - Marcy, W.L. (2010). The Politics of Cocaine: How U. S. Foreign Policy Has Created a Thriving Drug Industry in Central and South America. Chicago Review Press, Incorporated. pp. 83–90, 134. ISBN 978-1-56976-561-6.
- Marion, N.E.; Oliver, W.M. (2014). Drugs in American Society: An Encyclopedia of History, Politics, Culture, and the Law [3 volumes]. ABC-CLIO. ISBN 978-1-61069-596-1.
- Pirog, M.A.; Good, E.M. (2012). Public Policy and Mental Health: Avenues for Prevention. Prevention Practice Kit. SAGE Publications. p. 25. ISBN 978-1-4833-0767-1.
- Sandoval, L. (2013). "The Anti-Drug Abuse Act of 1986: A Policy Analysis". California State University, Long Beach.
- Stohr, M.; Walsh, A.; Hemmens, C. (2012). Corrections: A Text/Reader. SAGE Text/Reader Series in Criminology and Criminal Justice. SAGE Publications. p. 128,139. ISBN 978-1-4522-8992-2.
- Weld, William F. (1987). Handbook on the Anti Drug Abuse Act of 1986 (PDF). Washington, DC: U.S. Dept. of Justice / GPO. oai:quod.lib.umich.edu:MIU01-011327818.