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NCJ Number: 118804 Find in a Library
Title: Legal Classifications (From Drug Abuse and the Law Sourcebook, P 3.1-3.47, 1988, Gerald F Uelmen and Victor G Haddox, -- See NCJ-118803)
Author(s): G F Uelmen; V G Haddox
Date Published: 1988
Page Count: 47
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: After reviewing the provisions of the Federal Controlled Substances Act, this chapter reviews the "rational basis" test for the constitutionality of criminalizing marijuana, discusses the administrative classification of methaqualone, and considers the Federal Government's handling of controls on designer drugs.
Abstract: The Federal Controlled Substances Act (CSA) was enacted in 1970 to establish a comprehensive pattern of control over the manufacture, import, and distribution of drugs and serve as a model for a uniform State law (it has been adopted by 45 States). The act establishes five schedules. The schedule in which a drug is placed affects manufacturing quotas, dispensing limits, import restrictions, and the criminal penalties for unlawful trafficking. In examining the "rational basis" test for including marijuana as a controlled drug, this chapter focuses on the National Organization for the Reform of Marijuana Laws (NORML) v. Bell. In this case NORML challenged the provisions of CSA that prohibit the private possession and use of marijuana, arguing that the act violates the constitutional guarantees of privacy and equal protection as well as its prohibition against cruel and unusual punishment. In rejecting the NORML argument, the court found the act to be a reasonable congressional attempt to deal with a difficult social problem. The chapter reasons that any efforts to change the legal status of marijuana possession and use should focus on legislative reform. The chapter concludes with a review of the history of the procedure for the administrative classification of methaqualone as a controlled substance and the Federal strategy for controlling "designer" drugs.
Main Term(s): Drug laws
Index Term(s): Decriminalization; Designer drugs; Drug effects; Marijuana
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