Methamphetamine and the
Law:
A Legal History of Crank
Illustration by Robin Rexroat
“We have to stop meth before it becomes the crack of the 1990’s. And this legislation gives us a chance to do it,” stated President Clinton as he signed the Methamphetamine Control Act of 1996. Methamphetamine is the “new” designer drug frequently referred to as the “Crack of the 90's” because of its increasing popularity and destructive nature.
However, the stigma attached
to crack cocaine as the drug of choice in inner cities, differs from the
reality of crank (methamphetamine). The
distinction lies in the prevalence of meth use which spans a wide variety of
people in both urban and rural areas.
Students, blue collar workers, unemployed, men and women, whites and
American Indians pollute their bodies with this drug—a drug that does not
discriminate. The most attractive
elements of this drug are its relatively low cost and the ease with which it is
made. These elements allow the epidemic
to ravage our reservations along with the rest of the nation.
Meth makes you the life of the party or does it?
The Controlled Substances
Act classifies drugs into one of five schedules according to their medical use,
their potential for abuse, and their safety or dependence liability. Meth is a Drug Enforcement Agency (DEA)
schedule 2 drug. A schedule 2 drug has
a high potential for abuse and has a currently accepted medical use in
treatment in the United States or a currently accepted medical use with severe
restrictions. The DEA also states that
abuse of the schedule 2 substances may lead to severe psychological or physical
dependence.
One former user described the annihilation meth causes: “[Meth] makes you the life of the party. You feel real powerful but soon after you can’t have a normal life without the drug. The need to use it grows quickly. It’s insidious that way, you don’t notice that it’s that powerful.” According to the DEA, meth is the most lethal substance to hit the streets during its entire 35-year war on drugs. In order to make drug abuse less destructive law enforcement policies have been established to reduce demand and disrupt supply.
Controlled
Substance Act of 1970
Converting Cold Medicines to Meth
One
such policy, the Controlled Substance Act of 1970, amended in 1988 to include
provisions of Chemical Diversion and Trafficking Act, allows law enforcement
officials the necessary tools to attack the clandestine meth production
problem. This act regulates bulk
ephedrine and pseudoephedrine transactions.
One major problem remained,
however. The law exempted
over-the-counter ephedrine, pseudoephedrine, and phenylpropanolamine drug
products from record keeping and reporting requirements. These products include Alka-Seltzer Plus
Cold, Contac 12 Hour Cold, Dimetapp Cold & Allergy, Triaminic Syrup,
Actifed, Advil Cold & Sinus, Dristan Sinus, PediaCare Infants’ Drops,
Sudafed, Triaminic Infant Oral Decongestant Drops and Tylenol Cold from record keeping
and reporting requirements. This exemption created a loophole in the law which
gave meth producers access to over-the-counter drugs which easily convert to
speed.
The Domestic Chemical
Diversion Control Act of 1993 instituted DEA registration requirement of all
importers, exporters, and distributors of most important chemicals used in the
manufacture of controlled substances.
Pseudoephedrine tablets remained unregulated as did a few other
chemicals used to make meth. Depending on the state, different authorities
regulate chemical consumption. Some
states only regulate sales or purchases of ephedrine as a chemical.
Methamphetamine Control Act of 1996
On
October 3, 1996, President Clinton signed into law the Methamphetamine Control
Act of 1996 at a White House Rose Garden ceremony. This act broadens controls
on listed chemicals used in production of meth, increases penalties for
trafficking and manufacture of meth and listed chemicals, and expands controls
to include the distribution of lawfully marketed drug products that contain the
listed chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.
Senators Orrin Hatch (R-UT),
Joseph Biden (D-DE), and Dianne Feinstein (D-CA) wrote the 1996 act to restrain
the rampant use of methamphetamine.
Both houses of Congress passed the act unanimously. Senator Feinstein worked with the California
Bureau of Narcotics Enforcement, the California Narcotics Officers Association,
and California police chiefs and sheriffs gathering information to introduce
this legislation.
More Meth
Labs than McDonalds
Senator Feinstein said about
her support for this legislation, “Methamphetamine has ruined too many lives
and taken over too many communities. Today
there are more seized methamphetamine labs than there are McDonalds in many
cities throughout the Los Angeles area alone—and that doesn’t account for all
the clandestine labs still out there.
It is my hope that laws such as this one will put an end to the days
when it’s easier to buy speed than it is a Big Mac.”
Speed, the “poor man’s
cocaine,” is a devastating problem for many people, including Native
Americans. The Methamphetamine Control
Act has many provisions developed in order to stop the spread of this plague.
Still the problem exists in many areas, and there is a need for prevention and
treatment efforts beyond legislation.
Check out
how tribal and state laws deal with
meth use:
|
Jurisdiction |
Source |
Blackfeet Reservation |
|
|
Crow Reservation |
|
|
Northern Cheyenne
Reservation |
|
|
State of Montana |