NCJ Number
50295
Journal
Journal of Drug Issues Volume: 7 Issue: 2 Dated: (SPRING 1977) Pages: 93-101
Date Published
1977
Length
9 pages
Annotation
STRUCTURES AND METHODS OF SOCIAL ORGANIZATION ARE EXAMINED IN RELATION TO COCAINE AND THE CRIMINAL SANCTION.
Abstract
CRIMINAL LAW IS CONCERNED WITH THE PURSUIT OF HUMAN OBJECTIVES THROUGH STRUCTURES AND METHODS OF SOCIAL ORGANIZATION. CONCERN HAS BEEN EXPRESSED OVER WHETHER CERTAIN KINDS OF BEHAVIOR SHOULD BE CONTROLLED BY PUNISHING INDIVIDUALS IN VIOLATION OF RULES OF CONDUCT THAT ARE EMBODIED IN CRIMINAL STATUTES. A MAJOR ISSUE IS WHETHER APPLICATION OF THE CRIMINAL SANCTION IS EFFECTIVE IN DETERRING ILLICIT DRUG USE, INCLUDING COCAINE. THE CHARACTERISTICS AND EFFECTS OF COCAINE ARE DESCRIBED, AND LEGISLATION IN THE UNITED STATES TO CURB THE USE OF THE DRUG IS REVIEWED. COCAINE IS CLASSIFIED UNDER PROVISIONS OF THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970 AS A SCHEDULE II DRUG TOGETHER WITH OPIUM, CERTAIN PROCESSED OPIATES, AND AMPHETAMINES. UNDER FEDERAL LAW, SIMPLE POSSESSION OF COCAINE IS PUNISHABLE BY A PRISON SENTENCE OF UP TO 1 YEAR AND A FINE OF UP TO $1,000. THE MANUFACTURE AND DISTRIBUTION OF COCAINE OR POSSESSION WITH INTENT TO DISTRIBUTE ARE PUNISHABLE BY MUCH LARGER PRISON SENTENCES AND FINES. IT IS FELT THAT A POLICY OF SEEKING TO PROHIBIT THE RECREATIONAL USE OF COCAINE THROUGH THE APPLICATION OF CRIMINAL SANCTIONS IS MISGUIDED. REFERENCES ARE INCLUDED. (DEP)