Laws and Legal Issues

Most drug charges in the United States, both misdemeanors and felonies, are prosecuted under state rather than federal law. Federal agencies are concerned mainly with large trafficking operations, not with local distribution and consumption. Most state sentencing guidelines are not as severe as federal guidelines. On average, a federal drug possession conviction carries a sentence of about eighty months; a state sentence is about twenty months. Usually, people convicted actually serve only a third to a half of the federal or state sentence time, though. About a third of drug convictions result in probation, rather than jail or prison sentences.

The harshness of a sentence is determined largely by two factors: 1) the potential of the substance to cause addiction, injury, or death, and 2) the amount of the substance confiscated in the case. Judges also take into account whether the accused is a repeat offender. These circumstances may determine whether the crime is considered a misdemeanor or felony in the eyes of the court.

Misdemeanors are lesser offenses. Simple first-time possession or sale of a small quantity of marijuana or another low-risk substance might result in a fine similar to that for a traffic violation. Felons, on the other hand, may be sentenced to months or years in prison and fined thousands of dollars. Drug trafficking convictions bring greater sentences—imprisonment for five to ten years or longer, and fines that can range into the hundreds of thousands and even millions of dollars.

Drug laws in general are becoming harsher. Some states require a minimum sentence of three or four years for certain cases of drug distribution. The sale of a handful of ecstasy pills could land a seller in prison for several years. But some observers believe harsher drug laws have little positive effect; they simply force dealers to be more careful and users to be more secretive.

The underlying legislation in the federal government's war against substance abuse is the Controlled Substances Act of 1970. Amended and strengthened in later years, it regulates the manufacture and distribution of many types of substances known to be used illicitly. Other drug laws have been enacted. Especially notable, in regard to hallucinogen abuse, is the Illicit Drug Anti-Proliferation Act of 2003. It authorizes funds for parent and child education on the dangers of MDMA and other substances. It also holds people legally accountable if they own or operate a place where controlled substances are made, distributed, or used. A prime target of the law is the rave scene, where some promoters are involved in distributing ecstasy and other popular illegal substances.

The Controlled Substances Act of 1970 labels substances in different categories. LSD, peyote, mescaline, psilocybin, MDMA, and marijuana are among Schedule I drugs. This classification means they carry a high potential for abuse and they are not accepted for medical treatment in the United States.

PCP is a Schedule II substance. Items in this class, too, are at the high-risk level in terms of abuse. They are accepted as treatment for certain medical conditions, but even as medications they can cause physical and psychological dependence.

Ketamine is classified under Schedule III. Schedule III drugs may be prescribed by doctors for certain medical conditions. They are not considered as likely to lead to abuse or addiction as Schedule I and Schedule II substances.