| Chapter 3
Reporting
on Drug Law Enforcement
and Controlled Substances
By
Bill Wallace
What
are Controlled Substances?
Controlled substances is a legal term for naturally occurring
or manufactured chemicals that stimulate or sedate the human brain.
Although many controlled substances have legitimate therapeutic
uses, others do not. Many are physically or psychologically addictive,
and their legal uses are closely restricted. The U.S. Drug Enforcement
keeps track of the substances themselves (as well as many of the
chemicals called precursors that are commonly used
to manufacture them) and their legal distribution is strictly licensed.
Under the federal Controlled Substances Act (21 U.S.C., Sections
801, et. seq., as amended), such substances are broken down into
a number of categories – called "schedules" –
based on their character. They are:
- SCHEDULE I, which includes heroin, ecstasy, LSD, marijuana,
mescaline, peyote, psilocybin, tetrahydrocannabinols and methaqualone
(Quaalude).
- SCHEDULE II, which includes unprocessed opium and extracts, codeine,
morphine, cocaine (and crack), methadone, amphetamine, methamphetamine
and phencyclidine (PCP or Angel Dust).
- SCHEDULE III, which includes less concentrated codeine formulations
and anabolic steroids.
- SCHEDULE IV, which includes chloridazepoxide (Librium), diazepam
(Valium), the weight-loss drug phentermine, and the painkiller pentazocine.
- SCHEDULE V, which includes even less concentrated formulations
of codeine.
In general, the schedules correspond to the relative degree of
danger associated with the drug. Schedule I drugs have a high potential
for abuse, are considered physically or psychologically addictive
and have no current accepted therapeutic applications in the U.S.
Schedule II drugs are also likely to be abused and can be addictive,
but are sometimes used in accepted medical treatment plans.
The higher the number of a controlled substance schedule, the less
dangerous the substances it contains are considered to be. Generally
speaking, the first two schedules generate the largest amount of
activity by law enforcement agencies.
Under federal law, the first two classification schedules are higher
priority targets for enforcement efforts, while less dangerous drugs
are considered less significant problems. Consequently, those convicted
of offenses involving Schedule I and II drugs are subject to much
harsher penalties, including federal prison sentences of up to life
and fines as high as $2 million. Violations involving drugs from
the lower schedules draw lesser punishments.
Types of Drug Offenses
Federal law (and the state and local statutes that closely parallel
them), contain six major categories of drug offenses. The most common
is simple possession of a restricted substance, usually
in a small enough quantity that it appears to have been intended
for personal use, rather than for sale. This is usually the least
serious offense, and is more likely to be charged at the state or
local level than in a federal court.
A more severe offense would be possession of a controlled
substance for sale, which usually involves the seizure of
evidence that indicates the suspect or suspects were dispensing
illegal drugs as a commercial enterprise, but without evidence of
an actual cash-for-drugs transaction. That evidence can include
greater quantities of the drug in question, large amounts of cash,
weapons, plastic baggies, weighing scales or other paraphernalia
for handling drug deals.
Sales or distribution of controlled substances
may be charged in cases where a transfer of drugs for money or other
valuables can be proved, either through the use of informant evidence,
an undercover sting operation or detailed surveillance of a suspected
dealer's interactions with others. The offense of trafficking
generally involves sales of illicit drugs on a continuous basis
as a form of business activity. These violations also can be prosecuted
at the local, state or federal level.
The illegal manufacture of controlled substances
involves creating, refining or processing illicit drugs for sale.
Local, state and federal authorities also may prosecute suspected
drug ring members and their business associates under conspiracy
laws that make it a felony to participate knowingly in a scheme
designed to violate the law, even though the suspect may not have
had direct involvement in the manufacture or distribution of the
illegal drug.
Under specialized federal variations on conspiracy laws, suspected
participants in a drug trafficking operation may be additionally
charged with operation of a continuing criminal enterprise
or violations of the Racketeer Influenced and Corrupt Organization
(RICO) Act. They also may be charged with traveling between
states in furtherance of a criminal enterprise and using federally
regulated telecommunications systems in their drug dealing activities.
Following the
Money
Suspected drug dealers may find themselves subject to forfeiture
proceedings in which law enforcement agencies seize their real property
or money as the fruit of a criminal enterprise. They may be subjected
to prosecution or civil litigation for operating a facility in which
illegal drugs are sold or stored, and they also may find themselves
subject to targeted non-criminal regulatory enforcement by fire
marshals, building inspectors, sold waste management agencies and
other institutions under "broken windows" enforcement
strategies that aim to reduce crime in blighted neighborhoods by
removing some of the blight that encourages it.
Finally, law enforcement agencies may use state or federal money
laundering statutes to prosecute suspected dealers for channeling
the proceeds of their drug sales activities through businesses,
financial institutions or other channels in order to conceal its
criminal origin and make it appear to have been legally earned.
Financial investigations have become a major focus of drug enforcement
strategies; it is rare that alleged members of a major drug sales
organization will be targeted for prosecution these days without
also being charged with violations of money laundering statutes.
The Changing
Face of the Law
As drug-making technology has advanced – and new methods of
manufacturing controlled substances have emerged – local,
state and federal drug laws have repeatedly been updated. Many chemicals
that are not themselves considered dangerous drugs can be used to
manufacture them. As a result, they, too, have been placed under
federal control. In addition, new drugs have emerged – including
so-called "designer drugs" – that have been added
to the controlled substance lists by state and federal lawmakers.
The changing laws relating to controlled substances are often newsworthy
in themselves. For example, federal sentencing guidelines first
adopted in the late 1980s at the height of the so-called "crack
epidemic" called for divergent penalties for those who dealt
in powder cocaine and crack. Under the guidelines, a suspect found
guilty of possession of five grams of crack could receive the same
prison sentence as someone found guilty of possessing 500 grams
of powder cocaine.
The catch was, those arrested in possession of crack were much
more likely to be poor and black than those holding large amounts
of powder cocaine. Crack cocaine – which was associated with
young, highly armed gangs who engaged in indiscriminate violence
to protect their drug supplies and market territory – quickly
became a primary focus of law enforcement. As a consequence, black
crack users were more likely to be arrested than powder coke users.
The disparity between the sentences that were being imposed raised
important questions about civil rights and racism – which
in turn generated news stories.
Shifting drug laws also can have major effects on local criminal
justice institutions, sometimes requiring local, state and federal
law enforcement agencies to redirect their efforts to new areas
or adding to the caseload of local courts. Reporters who work the
drug enforcement beat are well advised to keep track of the changes
in the law, because they will almost certainly have an impact on
the issues and agencies they cover.
Continue to the next
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