Research Paper Sample on Controlled Substances Act of 1970

Introduction

The Controlled Substances Act of 1970 was an act instituted by the United States Congress, and it was expected to introduce measures that would control drug policies in the country. The regulations initiated were regarding the manufacturing, sale, possession, and importation of certain substances. The initial bill initiated in the country was on various substances, and the Drug Enforcement Agency instituted restrictions on partnerships. The drugs are categorized into five distinctions, which were schedules 1 to 5, and the existence of these guidelines has over the years changed America forever.

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The scheduling process is based on their medical use, abuse potential, and the drugs’ safety. The regulations have altered the way other countries import commodities to the United States for the federal U.S. drug policy has a major influence on the way depressants, stimulants, and steroids are distributed in the country (Rosen, 2009). The Drug Enforcement Administration (DEA) plays a significant role in controlling the actions of the CSA, and the individuals found violating this law are prosecuted irrespective of their location. In this analysis, the focus will be placed on the Controlled Substance Act (1970) with a detailed description of the system of checks, history & structure, the agencies, and the roles that are integrated into the systems, balances, and the drug scheduling voting system.

Historical and Constitutional Basis of American Government’s Structure

The President of the United States, Richard Nixon in 1971 introduced tougher measures that were intended to ensure that there was control over the existence of illegal drugs and urban crime. Some of the programs that the leader introduced included seizing the property of the persons that were involved in the trading of illegal drugs, and the funds were used in the militarization of the American security system. Some of the regions that were highly targeted on matters relating to the sale of the illegal narcotics were the ones that consisting of the African Americans (Sands, 2016). The move raised their numbers in jails, courts, and the people under parole systems.

The African American society in the urban areas has suffered considerably, mainly due to the lack of employment, basic necessities, and mass incarnations. The drug prohibition measures that were initiated by President Nixon government sparked protests among the African American communities (Kamienski, 2016). The protests raised were similar to what was experienced in the 1920s when alcohol consumption was prohibited. The desire to control the distribution and use of drugs in communities had failed to realize the same level of an outcome as when the Volstead Act was applied.

How the Policy Is Involved

One of the significant issues that were encountered when instituting the policy was the power of attorney revocation presented to the local representatives by the manufacturers when the licenses were still operational. The process of selling regulated products, their importation, and licence registration attracts a significant amount of money. Therefore, the traders tend to engage in unscrupulous activities as they seek to outdo their rivals in the market with the desire to raise the profitability levels. Some of the undesirable behaviours that they undertake to raise the earnings include dishonouring binding powers that are provided by the attorney and acting against the contract manufacturing agreements (Brown, 2015). Manufacturers sometimes have a habit of changing their agents even when the licenses of the previous agreements holders have not expired, and this causes friction between the manufacturers and the agents.

It is essential to ensure that the agreements made between the agents are honored based on the details highlighted in these documents and according to a power of attorney. When there is a change of agents, manufacturers should provide a letter of revocation, a copy showing the appointment of new agents, and the payment of the necessary fees. The application of strong measures has led to a reduction in the cases of manufacturers changing their agents without following the required guidelines.

How the Policy Relates to Public Policy and Elections and the Media Portray

Countries should ensure that they have a system that they use to ensure that the safety of the commodities that they are using is observed. The benchmarking rules should work towards ensuring that the citizens are protected, and they are provided with a chance to enjoy quality commodities. The drug safety systems used in the United States enables the Americans to ensure that the medications they are getting are of the right quality to ensure that they are not harming their body.

The United States Food and Drug Administration (FDA) is one of the organizations that is assigned the responsibility of ensuring that it is working toward maintaining sanity in the health care system. It has the duty to make sure that it is meeting the public desire for the safe introduction of medication to the public and ensuring that safety measures are observed all the time. They should monitor the treatment programs and drugs that are available to the public with the desire to make sure that it area safe for human use, and it will realize the desired outcome (Philips, 2019). The public expectations on the drug safety system in the United States have improved, and this is due to the raised usage of drugs by the Americans. Additionally, they have increased awareness of the drugs, and the advancement in technology has also enabled the Americans to have improved confidence in the drug safety systems. However, the recent cases of recalls made on previously approved drugs and safety concerns raised by the media and the health groups have made Americans start having doubts about the medicine in the market.

The public would like the drug system to work efficiently, but what people do not understand are the massive problems that face the operations of the FDA groups. The organization is affected by the task of tracking complex drugs that are on the increase, for the medications sent to the market are taking less review time (Robinson & Pray, (Eds.), 2007). The advancement in technology has led to the drugs shifting to being gene-based and molecular from the cellular process, and this is made worse by the fact that the FDA system has remained unchanged for a long time. The financing of the FDA system has not increased despite the need to introduce advanced measures and policies in the drug evaluation processes.

How the Policy Impacts Voting and the Election Process

The prescription drug pricing has been on the rise, and it had a significant influence on the elections held in 2016 in the United States. Around 10% of the spending in the health care sector is directed towards meeting the costs of the drugs, and this is an indication that the Americans are using a considerable amount of their earnings towards meeting the drug costs. During the presidential elections held in 2016, Bernie Sanders and Hillary Clinton were advocating for Medicare to play a significant role in negotiating for the drug prices (Wilensky, 2016). Clinton supported the need to have a government team that would be assigned the responsibility of controlling the market drug prices increase.

The institutions that were found to have disobeyed the laws on drug prices were to be penalized. The Republican presidential candidate at the time, Donald Trump, was also supporting the idea of the Medicare helping in negotiating the drug prices though stopped supporting the motion when the prices that the leader was presenting were questioned. However, there is a great desire in the United States to ensure that the drugs provided are affordable to everyone in the country, and this is why the issue tends to have a significant influence on the activities happening in the political scene. Therefore, it is clear that the measures taken years ago towards regulating the drugs market is having an effect in the current world. The changing trends and issues in the drug market mean that the government of the United States must institute tougher laws that reflect the current world’s activities for it to win the war on illegal drugs (Akunyili, 2012). The existence of substandard drugs in the market is an issue that is likely to have adverse effects on the health of the Americans.

Conclusion

The introduction of the Controlled Substance Act has played a significant role in controlling the usage and distribution of drugs in the United States. The policies that were initiated by President Richard Nixon with the desire to control the usage of illegal drugs have managed to lay the foundation for the control and management of the drugs in the country. Over the years, various measures have been initiated with the goal of ensuring that the Americans are gaining value for their money when they are purchasing drugs. Additionally, regulations are introduced with the goal of making sure that everyone has access to treatment services.

The drug safety systems are expected to ensure that the public is getting quality drugs that will ensure that they are offering the desired outcomes. The money seized from the persons that were involved in the trading of illegal drugs was used in the militarization program in the country. The African Americans cover one of the groups mainly affected by the measures to control the trading and distribution of illegal drugs, and a good number of them were sent to prison. Unemployment and the inability to access the basic necessities are some of the factors that triggered increased cases of African American being involved in illegal drug trading activities.

The issue of drug management in the country is having a massive influence on the politics of the United States, as it can be highlighted in the presidential elections held in 2016. The presidential candidates at the time were advocating for the need to ensure that the Medicare was helping in controlling the drug prices. The formation of the FDA provided the Americans with the hope that the organization will manage to have full control in the management of the drugs in the market. The organization was assigned the responsibility of ensuring that the drugs released to the market were of the desired quality levels. However, the advancement in technology, lack of adequate funds, and an increase in the number of drugs that are not going through review has made the work of the FDA challenging to undertake. The public is getting concerned by the increased negative reviews directed towards the drugs market.

References

Akunyili, D. N. (2012). The War Against Counterfeit Medicne: My Story. African Books Collective. file:///C:/Users/BENCHM~1/AppData/Local/Temp/War_Against_Counterfeit_Medicne_My_Story_compressed%20(2)-1.pdf

Brown, K. E. (2015). Stranger than Fiction: Modern Designer Drugs and the Federal Controlled Substances Analogue Act. Ariz. St. LJ, 47, 449.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/arzjl47&div=18&id=&page

Kamienski, L. (2016). Shooting Up: A Short History of Drugs and War. Oxford University Press. file:///C:/Users/BENCHM~1/AppData/Local/Temp/out-1.pdf

Philips, B. C. (2019). The Authorization Continuum: Investigating the Meaning of Authorization through the Lens of the Controlled Substances Act. Vand. L. Rev., 72, 1335. file:///C:/Users/BENCHM~1/AppData/Local/Temp/ContentServer%20(1)-1.pdf

Robinson, S., & Pray, L. (Eds.). (2007). Challenges for the FDA: the Future of Drug Safety: Workshop Summary. National Academies Press. file:///C:/Users/BENCHM~1/AppData/Local/Temp/Challenges_for_the_FDA_The_Future_of_Drug_Safety_W...-1.pdf