Anti-Drug Abuse Act of 1988
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| Other short titles |
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|---|---|
| Long title | An Act to prevent the manufacturing, distribution, and use of illegal drugs, and for other purposes. |
| Acronyms (colloquial) | ADAA, ADTSA |
| Nicknames | Alcohol and Drug Traffic Safety Act of 1988 |
| Enacted by | the 100th United States Congress |
| Effective | November 18, 1988 |
| Citations | |
| Public law | 100-690 |
| Statutes at Large | 102 Stat. 4181 |
| Codification | |
| Titles amended | 21 U.S.C.: Food and Drugs |
| U.S.C. sections created | 21 U.S.C. ch. 20, subch. I § 1501 et seq. |
| Legislative history | |
| |
On September 14, 1986 President Ronald Reagan along with his wife, First Lady Nancy Reagan, addressed the nation regarding the current drug epidemic. The speech, as well as the 1988 Anti-Drug Abuse Act paid special attention to crack cocaine. The Anti-Drug Abuse Act of 1988 is an amendment to the Anti-Drug Abuse Act of 1986.[1]
The change from the Act of 1986 to the Act of 1988 concerns the mandatory minimum penalties to drug trafficking conspiracies and attempts that previously were applicable only to substantive completed drug trafficking offenses. The Act amended 21 U.S.C. 844 to make crack cocaine the only drug with a mandatory minimum penalty for a first offense of simple possession. The Act made possession of more than five grams of a mixture or substance containing cocaine base punishable by at least five years in prison. The five year minimum penalty also applies to possession of more than three grams of cocaine base if the defendant has a prior conviction for crack cocaine possession, and to possession of more than one gram of crack if the defendant has two or more prior crack possession convictions.[2]
The Anti-Drug Abuse Act of 1988 also offers several other amendments to the Act of 1986. First, the organization and coordination of Federal drug control efforts. Next, the reduction of drug demand through increased treatment and prevention efforts. Also, the reduction of illicit drug trafficking and production abroad. Lastly, sanctions designed to place added pressure on the drug user. The ADAA projected budget for these amendments was $6.5 billion for the 1989 fiscal year”.[3] The result of the Anti-Drug Abuse Act of 1988 was not foreseen. “After spending billions of dollars on law enforcement, doubling the number of arrests and incarcerations, and building prisons at a record pace, the system has failed to decrease the level of drug-related crime. Placing people in jail at increasing rates has had little long-term effect on the levels of crime”.[4]
The Anti-Drug Abuse Act of 1988 (Pub.L. 100–690, 102 Stat. 4181, enacted November 18, 1988, H
- Created the policy goal of a drug-free America; and
- Established the Office of National Drug Control Policy[5]
The media campaign mentioned in the act later became the National Youth Anti-Drug Media Campaign.
The H.R. 5210 legislation was passed by the 100th U.S. Congressional session and enacted into law by the 40th President of the United States Ronald Reagan on November 18, 1988.[6]
See also
- Anti-Drug Abuse Act of 1986
- Chemical Diversion and Trafficking Act
- Domestic policy of the Ronald Reagan administration
- Federal drug policy of the United States
References
- ↑ Speech to the Nation on the Campaign Against Drug Abuse Ronald Reagan - September 14, 1986
- ↑ http://www.ussc.gov/report-cocaine-and-federal-sentencing-policy-2
- ↑ https://www.ncjrs.gov/App/publications/abstract.aspx?ID=143053
- ↑ http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf
- ↑ "Authorizing Legislation". Authorizations Language. U.S. Office of National Drug Control Policy.
- ↑ Peters, Gerhard; Woolley, John T. "Ronald Reagan: "Remarks on Signing the Anti-Drug Abuse Act of 1988 ," November 18, 1988". The American Presidency Project. University of California - Santa Barbara.