The Anti-Drug Abuse Act of 1988
restored the death penalty under federal law for drug offenses and some types
of murder.
Death penalty
supporters protest at the port of Nusakambangan ahead of the execution of Bali
Nine Kingpins Andrew Chan and Myuran Sukumaran
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The
Anti-Drug Abuse Act of 1988 (Pub.L.
100–690, 102 Stat. 4181, enacted
November 18, 1988, H.R. 5210)
is a major law of the so-called "War on
Drugs" passed by the U.S.
Congress which did two significant things:
1. Created the policy goal of a drug-free
America; and
2. Established the Office of National Drug Control
Policy
The
change from the Act of 1986 to the Act of 1988 concerns the mandatory minimum
penalties to drug trafficking conspiracies and attempts that previously were
applicable only to substantive completed drug trafficking offenses. The Act amended
21 U.S.C. 844 to make crack cocaine the only drug with a mandatory minimum
penalty for a first offense of simple possession. The Act made possession of
more than five grams of a mixture or substance containing cocaine base
punishable by at least five years in prison. The five year minimum penalty also
applies to possession of more than three grams of cocaine base if the defendant
has a prior conviction for crack cocaine possession, and to possession of more
than one gram of crack if the defendant has two or more prior crack possession
convictions.
The
Anti-Drug Abuse Act of 1988 also offers several other amendments to the Act of
1986. First, the organization and coordination of Federal drug control efforts.
Next, the reduction of drug demand through increased treatment and prevention
efforts. Also, the reduction of illicit drug trafficking and production abroad.
Lastly, sanctions designed to place added pressure on the drug user. The ADAA
projected budget for these amendments was $6.5 billion for the 1989 fiscal
year”. The result of the Anti-Drug Abuse Act of 1988 was not foreseen. “After
spending billions of dollars on law enforcement, doubling the number of arrests
and incarcerations, and building prisons at a record pace, the system has
failed to decrease the level of drug-related crime. Placing people in jail at
increasing rates has had little long-term effect on the levels of crime”.
The
H.R. 5210 legislation was passed by the 100th U.S. Congressional
session and enacted into law by the 40th President of the United
States Ronald Reagan on November 18, 1988.
The
media campaign mentioned in the act later became the National Youth Anti-Drug Media
Campaign.
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SOURCE: https://en.wikipedia.org/wiki/Anti-Drug_Abuse_Act_of_1988
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