Anti-Drug Abuse Act of 1986
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The Anti-Drug Abuse Act of 1986 was a law pertaining to the
War on Drugs The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...
passed by the U.S. Congress and signed into law by U.S. President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. Among other things, they changed the system of
federal supervised release United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while the ...
from a rehabilitative system into a punitive system. The 1986 Act also prohibited
controlled substance analog A designer drug is a structural or functional analog of a controlled substance that has been designed to mimic the pharmacological effects of the original drug, while avoiding classification as illegal and/or detection in standard drug tests. D ...
s. The bill enacted new
mandatory minimum sentences Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
for drugs, including
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various t ...
.Snitch: Drug Laws and Snitching – a Primer
. Frontline (U.S. TV series).
Public Broadcasting Service The Public Broadcasting Service (PBS) is an American public broadcaster and non-commercial, free-to-air television network based in Arlington, Virginia. PBS is a publicly funded nonprofit organization and the most prominent provider of educa ...
. 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).


History

The appearance of
crack cocaine Crack cocaine, commonly known simply as crack, and also known as rock, is a free base form of the stimulant cocaine that can be smoked. Crack offers a short, intense high to smokers. The ''Manual of Adolescent Substance Abuse Treatment'' calls ...
, the June 19, 1986, death of
Len Bias Leonard Kevin Bias (November 18, 1963June 19, 1986) was an American college basketball player who attended the University of Maryland. During his four years playing for Maryland, he was named a first-team All-American. Two days after being selec ...
(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 (Cleveland Browns, 1985 Defensive Rookie of the Year) -- both from cocaine use, 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. The congressional interest and intense news coverage created a
moral panic A moral panic is a widespread feeling of fear, often an irrational one, that some evil person or thing threatens the values, interests, or well-being of a community or society. It is "the process of arousing social concern over an issue", us ...
surrounding
cocaine Cocaine (from , from , ultimately from Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly used recreationally for its euphoric effects. It is primarily obtained from the leaves of two Coca species native to South Am ...
use, which had earlier been viewed in a more benign or even positive way, that made enacting this legislation so important. 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.


Contents


Money Laundering Control Act

The Money Laundering Control Act of 1986 was enacted as Title I of the Anti-Drug Abuse Act. This title criminalized
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdicti ...
for the first time in the United States. It also amended the
Bank Secrecy Act The Bank Secrecy Act of 1970 (BSA), also known as the Currency and Foreign Transactions Reporting Act, is a U.S. law requiring financial institutions in the United States to assist U.S. government agencies in detecting and preventing money lau ...
, the Change in Bank Control Act, and the
Right to Financial Privacy Act The Right to Financial Privacy Act of 1978 (RFPA; codified at , ''et seq.'') is a United States federal law, Title XI of the Financial Institutions Regulatory and Interest Rate Control Act of 1978, that gives the customers of financial institutio ...


Drug crimes

Along with the
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, the act substantially increased the number of drug offenses with mandatory minimum sentences. 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 The Fair Sentencing Act of 2010 () was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010 that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trig ...
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.


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 A block grant is a grant-in-aid of a specified amount from a larger government to a smaller regional government body. Block grants have less oversight from the larger government and provide flexibility to each subsidiary government body in term ...
program, although treatment providers were disappointed at the reduced appropriations following politicians' earlier promises and authorization. Other programs funded by the act included drug counseling and education programs,
AIDS research HIV/AIDS research includes all medical research that attempts to prevent, treat, or cure HIV/AIDS, as well as fundamental research about the nature of HIV as an infectious agent and AIDS as the disease caused by HIV. Transmission A body of s ...
, and international cooperation to limit drug production. The Act also included the ''Drug Free Schools and Communities Act'', which required colleges to establish drug abuse education and prevention programs.


Impact

The law led to an increase in average time imprisoned for drug crimes from 22 months to 33 months. Thats CAP! These Laws Held way more than 2-3yrs(22-33months) “The Regan” administration specifically targeted urban communities & while working with other countries, they helped not only fund them for drugs(crack/cocaine) they took Black Men from their homes & families. Placing them in incarceration, for tremendous number of years!


Racial effect

The Anti-Drug Abuse Act created a significant disparity in the sentences imposed for crimes involving powder cocaine versus 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. After the Anti-Drug Abuse Act, the number of black people sent to federal prison skyrocketed from approximately 50 in 100,000 adults to approximately 250 in 100,000 adults. 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. This also led to an increased disparity in prison sentencing lengths between races: prior to the enactment of the Anti-Drug Abuse Act, black people received sentences for drug-related crimes which were 11% longer than sentences received by whites who committed the same offense; this increased to 49% in the following years. This disparity led to major racial and class imbalances, where minorities faced far harsher punishments for the use and sale of virtually the same drug as their affluent, white counterparts.


See also

*
Anti-Drug Abuse Act of 1988 The Anti-Drug Abuse Act of 1988 (, ) is a major law of the War on Drugs passed by the U.S. Congress which did several significant things: # Created the policy goal of a drug-free America; # Established the Office of National Drug Control Polic ...
*
War on Drugs The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...


Citations


References

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Further reading

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External links


Anti-Drug Abuse Act of 1986PDFdetails
as amended in the GPObr>Statute Compilations collection
{{Authority control United States federal controlled substances legislation History of drug control 1986 in American law 99th United States Congress