Harrison Act 1914 free essay sample

The first international initiative to control drugs was the 1909 Shanghai Opium Commission which brought the community together in order to deter the illicit drug trafficking of opium. The Commission later met at conferences in the Netherlands in 1911 and 1913, promoting legislation that would aid them in handling the narcotics problem in their own country. During this same time period, the United States started to take notice in the favor of prohibition of all â€Å"moral evils,† particularly drugs and alcohol. New York Representative Francis B. Harrison was particularly moved by both the Shanghai Commission and the reformists in the Progressive movement who wanted to eradicate drugs, he proposed a two measure system to prohibit the introduction and nonmedical use of drugs as well as regulate the production of drugs in the United States. This became known as the Harrison Narcotics Act of 1914. The provisions of the Harrison Act imposed licensing requirements on those who manufactured, distributed, sold, imported, produced, compounded and dispensed narcotic drugs. We will write a custom essay sample on Harrison Act 1914 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These parties must register with the director of the Internal Revenue Service within the Treasury Department and pay an occupational tax, which increased gradually. It was a way for Congress to monitor the solicitation of opium and coca leaves so they could have records of transactions involving these drugs. They were only allowed for medical and scientific use. Those who were in violation of this act, would face a maximum penalty of five years in jail, a $2,000 fine, or both. The Harrison Act intended to create income by enforcing taxes involving the sale, trade and distribution of drugs. Congress put this responsibility on the Treasury Department in particular the IRS and the Narcotics Unit of the Bureau of Prohibition. The Treasury made attempts to limit narcotics for medicinal and scientific uses by physicians and druggists. The Act required physicians and pharmacists to pay close attention to prescriptions and determine if there was any suspicious activity about the drug (i. e. unusual large quantities). Sales and transfers of drugs could only be made through order forms attained from the IRS director. Any records obtained during this time were kept and maintained for two years, with a few exceptions to filing these forms. The Harrison Act was interpreted by the Treasury Department to mean prohibiting drugs to known addicts. Addicts were turned away from registering and could only receive narcotics through licensed doctors, dentists or veterinarians. The regulations also prohibited doctors from keeping a patient-addict on drugs, a practice used often to help addicts avoid severe withdrawals while they were weaned from drug dependence. The department also interpreted the Act to mean possession of narcotics to be prima facie (at first glance), shifting the burden of proof to the suspect, who had documentation that the drugs were obtained legally. The Treasury Department typically enforced the act through warnings, although they charged physicians and druggists with conspiracy when law enforcement arrested an addict who obtained narcotics illegally and a connection was made to prove the physician or druggist provided the narcotics. According the Harrison Act, physicians could prescribe drugs in the course of their professional practice. However, the police and judiciary interpreted the law too broadly resulting in the arrest, prosecution and imprisonment of physicians under the Harrison Act. Health professionals began to refuse to work with substance users, giving them no other choice to either stop using the drug or obtain it illegally through an illicit drug market. A committee was later formed in 1918 to discuss the impact of the Harrison Act. They determined that opium and other narcotics had over a million followers and the reason behind it was due to a lack in implementation, which later called for stricter application. An increase in organized crime made drugs profitable. Another consequence was the basic eradication of opium smuggling due to its bulk but an increase in heroin smuggling due to the fact is a more concentrated opiate and also less bulky. The Harrison Act clearly created more problems than it solved. It failed to do away with the problem of narcotics mostly because it failed to prohibit the sale and distribution of marijuana. It also didn’t resolve the issue of whether addicts should be treated as criminals or patients requiring medical treatment. The Act also hindered the Treasury Department’s authority, specifically from seizing narcotics and instead interpreting the act to mean to collect revenue as a penal measure. After the Act was passed, narcotics increased as a result of this exclusion. Nevertheless, the Harrison Act is important because it brought the dangers of narcotics and drug use to national awareness. The act also paved the way for more legislation such as the 1970 Controlled Substance Act, which attempted to deal with the illegal sale, distribution and consumption of drugs and other easily abused substances while still ensuring their use for medical purposes.