Exam 3 (NOTES)
Drug Norms - ANS-Define the non-medical use of certain drugs as deviant by the
physical properties of the drugs
Determinants of Deviance/Illegality in Relation to Drugs - ANS-Addiction, social harm,
and pharmacology (lethal dose)
Effects of Drugs - ANS-Dosage; purity/potency; drug mixing (synergistic/multiplier
effect); method of administration; habituation (tolerance development)
Anti-Drug Laws Development - ANS-Often, laws have targeted drug use that is further
removed from white middle class usage; laws target minority drug use patterns
Anti-Opium Ordinance - ANS-Developed in 1875 in San Francisco; first anti-drug law in
the US; largely enabled law enforcement to search and raid the homes and business of
Chinese people
Harrison Act of 1914 - ANS-First *Federal* anti drug use law; regulated the sell & use of
opiates and cocaine; added cocaine to get the support of legislatures from the south;
there was a concern about the use of cocaine by Blacks ("cocaine crazed Negros")
Marijuana Tax Act of 1937 - ANS-Effectively criminalized the possession of marijuana;
had to have a tax stamp to possess marijuana; came about as a bias toward people
from Mexico
Boggs Act of 1952/Narcotics Control Act of 1956 - ANS-Established harsh mandatory
minimums for drug offenses
Early 1970s - ANS-Congress repealed most of the mandatory minimums from the 50s
because they were seen as being unduly harsh and they were ineffective in preventing
the emergence of a drug subculture in the late 60s
1986 Anti-Drug Abuse Act - ANS-This legislation (along with a 1984 bill) mandated
harsh mandatory penalties for drug offense, established the death penalty for drug king
pins, and established the "3 strikes and you're out" policy
"Three Strikes You're Out" Policy - ANS-3rd conviction = life in prison
, Netherlands - ANS-Residents of the Netherlands are *less* likely to smoke pot than
those in the US; smoking weed in the Netherlands is actually *not* legalized; looking at
it through the lens of *harm reduction*; one of their goals is to separate the soft drug
market from the hard drug market (think it makes it more difficult for people to move
from soft to hard drugs)
Federal Prison Percent Drug Offenders - ANS-1970 was 16.3%; 1986 when the
Anti-Drug Abuse Act was enacted was 37.7%; 1994 was 61.3%
State Prison Percent Drug Offenders - ANS-Whites saw a 110.6% increase from 1986
to 1991 with 13.2% being drug offenses; Blacks saw a 465.5% increase with 26.6%
being drug offenses
Cocaine Sentencing Disparity (at the Federal Level) - ANS-5g of crack will get you a 5
year mandatory minimum; 500g of powder cocaine will get you the same 5 year
mandatory minimum
50g of crack will get you a 10 year mandatory minimum; 5,000g of powder cocaine will
get you that 10 year mandatory minimum
By 1997, *Sentencing Commission* recommended that Congress reduce this disparity;
Congress didn't listen to it and kept it until 2008
The Fair Sentencing Act of 2010 - ANS-Reduced the disparity; to get a 5 year
mandatory minimum you must possess 28g (1 ounce) and there must be evidence that
you are intending to sell; powder is still 500g; *DISPARITY IS NOW 18:1 AS APPOSED
TO 100:1*; 10 year mandatory minimum is now 280g
Kyllo v United States - ANS-Dealt with the use of infrared technology & thermal imaging
Fourth Amendment - ANS-Discussing issues with search and seizure; must have a
warrant
Illinois v Caballes 2005 - ANS-Drug sniffing dogs at a legal traffic stop; not a search so
you don't need a warrant
Florid v Jardines 2013 - ANS-Drug sniffing dogs at the front door of a person's home
constitutes a search so a warrant is required
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