This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

6164

Vol. 62, No. 28

Tuesday, February 11, 1997

EXECUTIVE OFFICE OF THE

PRESIDENT

Office of National Drug Control Policy

Administration Response to Arizona

Proposition 200 and California

Proposition 215

AGENCY: Office of National Drug Control

Policy, Executive Office of the

President.

ACTION: Notice.

SUMMARY: This notice lists the Federal

government response to the recent

passage of propositions which make

dangerous drugs more available in

California and Arizona. These measures

pose a threat to the National Drug

Control Strategy goal of reducing drug

abuse in the United States. At the

direction of the President, the Office of

National Drug Control Policy (ONDCP)

developed a coordinated administration

strategy to respond to the actions in

Arizona and California with the other

agencies of the Federal Government to

minimize the tragedy of drug abuse in

America.

FOR FURTHER INFORMATION CONTACT:

Comments and questions regarding this

notice should be directed to Mr. Dan

Schecter, Office of Demand Reduction,

ONDCP, Executive Office of the

President, 750 17th Street N.W.,

Washington, D.C. 20503, (202) 395–

6733.

SUPPLEMENTARY INFORMATION: A Federal

interagency working group chaired by

ONDCP met four times in November

and December. In developing this

strategy, the inter-agency group gave

due consideration to two key principles:

federal authority vis a vis that of the

states, and the requirement to ensure

American citizens are provided safe and

effective medicine. The President has

approved this strategy, and Federal drug

control agencies will undertake the

following coordinated courses of action:

A. Objective 1—Maintain Effective

Enforcement Efforts Within the

Framework Created by the Federal

Controlled Substances Act and the

Food, Drug, and Cosmetic Act

Department of Justice’s (DOJ) position

is that a practitioner’s action of

recommending or prescribing Schedule

I controlled substances is not consistent

with the ‘‘public interest’’ (as that

phrase is used in the federal Controlled

Substances Act) and will lead to

administrative action by the Drug

Enforcement Administration (DEA) to

revoke the practitioner’s registration.

DOJ and Department of Health and

Human Services (HHS) will send a letter

to national, state, and local practitioner

associations and licensing boards which

states unequivocally that DEA will seek

to revoke the DEA registrations of

physicians who recommend or prescribe

Schedule I controlled substances. This

letter will outline the authority of the

Inspector General for HHS to exclude

specified individuals or entities from

participation in the Medicare and

Medicaid programs.

DOJ will continue existing

enforcement programs using the

following criteria: (a) the absence of a

bona fide doctor-patient relationship; (b)

a high volume of prescriptions or

recommendations of Schedule I

controlled substances; (c) the

accumulation of significant profits or

assets from the prescription or

recommendation of Schedule I

controlled substances; (d) Schedule I

controlled substances being provided to

minors; and/or (e) special

circumstances, such as when death or

serious bodily injury results from

drugged driving. The five U.S. Attorneys

in California and Arizona will continue

to review cases for prosecution using

these criteria.

DEA will adopt seizures of Schedule

I controlled substances made by state

and local law enforcement officials

following an arrest where state and local

prosecutors must decline prosecution

because of the Propositions. Once in

DEA’s possession the drugs can be

summarily forfeited and destroyed by

DEA. State and local law enforcement

officials will be encouraged to continue

to execute state law to the fullest extent

by having officers continue to make

arrests and seizures under state law,

leaving defendants to raise the medical

use provisions of the Propositions only

as a defense to state prosecution.

Department of the Treasury (Treasury)

and the Customs Service will continue

to protect the nation’s borders and take

strong and appropriate enforcement

action against imported or exported

marijuana and other illegal drugs. The

Customs Service will continue to: (a)

seize unlawfully imported or exported

marijuana and other illegal drugs; (b)

assess civil penalties against persons

violating federal drug laws; (c) seize

conveyances facilitating the illegal

import or export of marijuana and other

illegal drugs; and (d) arrest persons

committing Federal drug offenses and

refer cases for prosecution to the

appropriate Federal or state prosecutor.

Treasury and the Internal Revenue

Service (IRS) will continue the

enforcement of existing Federal tax laws

which discourage illegal drug activities.

IRS will enforce existing Federal tax

law as it relates to the requirement to

report gross income from whatever

source derived, including income from

activities prohibited under Federal or

state law.

Treasury will recommend that the IRS

issue a revenue ruling, to the extent

permissible under existing law, that

would deny a medical expense

deduction for amounts expended for

illegal operations or treatments and for

drugs, including Schedule I controlled

substances, that are illegally procured

under Federal or state law.

IRS will enforce existing Federal tax

law as it relates to the disallowance of

expenditures in connection with the

illegal sale of drugs. To the extent that

state laws result in efforts to conduct

sales of controlled substances

prohibited by Federal law, the IRS will

disallow expenditures in connection

with such sales to the fullest extent

permissible under existing Federal tax

law.

U.S. Postal Service will continue to

pursue aggressively the detection and

seizure of Schedule I controlled

substances mailed through the US

mails, particularly in California and

Arizona, and the arrest of those using

the mail to distribute Schedule I

controlled substances.

DEA together with other Federal, state

and local law enforcement agencies will

work with private mail, parcel and

freight services to ensure continuing

compliance with internal company
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices 6165

policies dictating that these companies

refuse to accept for shipment Schedule

I controlled substances and that they

notify law enforcement officials of such

activities. Federal investigations and

prosecutions will be instituted

consistent with appropriate criteria.

B. Objective 2—Ensure the Integrity of

the Medical-Scientific Process by

Which Substances are Approved as

Safe and Effective Medicines in Order

to Protect Public Health

The Controlled Substances Act

embodies the conclusion of the

Congress, affirmed by DEA and HHS,

that marijuana, as a Schedule I drug, has

‘‘high potential for abuse’’ and ‘‘no

currently accepted medical use in

treatment in the United States.’’ To

protect the public health, all evaluations

of the medical usefulness of any

controlled substance should be

conducted through the Congressionally

established research and approval

process managed by the National

Institutes of Health (NIH) and the Food

and Drug Administration (FDA).

Currently there are a few patients who

receive marijuana through FDA

approved investigations.

HHS to ensure the continued

protection of the public health will: (a)

examine all medical and scientific

evidence relevant to the perceived

medical usefulness of marijuana; (b)

identify gaps in knowledge and research

regarding the health effects of

marijuana; (c) determine whether

further research or scientific evaluation

could answer these questions; and (d)

determine how that research could be

designed and conducted to yield

scientifically useful results.

HHS will undertake discussions with

medical organizations throughout the

nation: (a) to address the

‘‘compassionate use’’ message; and (b)

to educate medical and public health

professionals by underscoring the

dangers of smoked marijuana and

explaining the views of NIH that a

variety of approved medications are

clinically proven to be safe and effective

in treating the illnesses for which

marijuana is purported to provide relief,

such as pain, nausea, wasting syndrome,

multiple sclerosis, and glaucoma.

C. Objective 3—Preserve Federal DrugFree Workplace and Safety Programs

Transportation Workers: Department

of Transportation (DOT) has issued a

formal advisory to the transportation

industry that safety-sensitive

transportation workers who test positive

under the Federally-required drug

testing program may not under any

circumstance use state law as a

legitimate medical explanation for the

presence of prohibited drugs. DOT is

encouraging private employers to follow

its example.

General Contractors and Grantees:

Under the Drug-Free Workplace Act, the

recipients of Federal grants or contracts

must have policies that prohibit the use

of illegal drugs. Each Federal agency

will issue a notice to its grantees and

contractors to remind them: (a) of their

responsibilities; (b) that any use of

marijuana or other Schedule I controlled

substances remains a prohibited

activity; and (c) that the failure to

comply with this prohibition will make

the grantee or contractor subject to the

loss of eligibility to receive Federal

grants and contracts. Further, Federal

agencies will increase their efforts to

monitor compliance with the provisions

of the Act, and to institute suspension

or debarment actions against violators—

with special priority given to states

enacting drug medicalization measures.

Federal Civilian Employees: HHS will

issue policy guidance to all 130 Federal

Agency Drug-Free Workplace program

coordinators, the 72 laboratories

certified by HHS to conduct drug tests,

and trade publications that reach

medical review officers. This policy

guidance states that the Propositions do

not change the requirements of the

Federal Drug-Free Workplace Program,

which will continue to be fully enforced

for federal civilian employees

nationwide. Medical Review Officers

will not accept physician

recommendations for Schedule I

substances as a legitimate explanation

for a positive drug test.

Department of Defense (DOD) and the

Military Services: DOD will instruct

civilian employees and military

personnel in the active, reserve and

National Guard components, that DOD

is a drug-free organization, a fact that is

not changed by the Propositions. The

requirement that all DOD contractors

maintain drug-free workplaces will

continue to be enforced.

Nuclear Industry Workers: The

Nuclear Regulatory Commission will

continue to demand drug-free

employees in the nuclear power

industry, and will develop a formal

advisory to emphasize that its drug free

workplace regulations continue to

apply.

Public Housing: The Propositions will

not affect the Department of Housing

and Urban Development’s (HUD)

continued aggressive execution of the

‘‘One Strike and You’re Out’’ policy to

improve the safety and security of our

nation’s public housing developments.

HUD’s principal tool for implementing

‘‘One Strike’’ will be the systematic

evaluation of public housing agencies

screening and evictions efforts through

the Public Housing Management

Assessment Program. This program will

give HUD a standard measurement of

the progress of all public housing

authorities in developing effective law

enforcement, screening, and occupancy

policies to reduce the level of drug use,

crime, and drug distribution and sales

in their communities.

Safe Work Places: Department of

Labor (DOL) will continue to implement

its Working Partners Initiative,

providing information to small

businesses about workplace substance

abuse prevention programs, focusing

specific attention on trade and business

organizations located in California and

Arizona. DOL will accelerate its effort to

post its updated Substance Abuse

Information Database (SAID) on the

Internet. SAID will provide information

to businesses about workplace

substance abuse and how to establish

workplace substance abuse prevention

programs. DOL will give priority to its

efforts in California and Arizona.

DOL’s Occupational Safety and

Health Administration (OSHA) will

send letters to the California and

Arizona Occupational Safety and Health

Administrations reiterating the dangers

of drugs in the workplace and providing

information on programs to help

employers address these problems.

DOL’s Mine Safety and Health

Administration will continue to strictly

enforce the prohibition on the use of

alcohol and illegal drugs

notwithstanding these Propositions.

D. Objective 4—Protect Children from

Increased Marijuana Availability and

Use

HHS and the Department of Education

will educate the public in both Arizona

and California about the real and proven

dangers of smoking marijuana. A

message will be tailored for preteens,

teens, parents, educators, and medical

professionals. Research demonstrates

that, marijuana: (a) harms the brain,

heart, lungs, and immune system; and

(b) limits learning, memory, perception,

judgment, and the ability to drive a

motor vehicle. In addition, research

shows that marijuana smoke typically

contains over 400 carcinogenic

compounds and may be addictive. The

message will remind the public there is

no medical use for smoked marijuana

and will educate the public about

strategies to prevent marijuana use. The

message will also remind the public that

the production, sale, and distribution of

marijuana for medical uses not

approved by DEA violates the
6166 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices

Controlled Substances Act and the

Federal Food, Drug, and Cosmetic Act.

HHS will analyze all available data on

marijuana use, expand ongoing surveys

to determine current levels of marijuana

use in California and Arizona, and track

changes in marijuana use in those states.

HHS will develop the survey capacity

to assess trends in drug use in all states

on a state-by-state basis.

The Department of Education

(Education) will use provisions of the

Safe and Drug Free Schools Act to

reinforce the message to all local

education agencies receiving Federal

Safe and Drug Free School funds that

any drug possession or use will not be

tolerated in schools. This affects

approximately 95% of school districts.

Notwithstanding the passage of the two

Propositions, local education agencies

must continue to: (a) develop programs

which prevent the use, possession, and

distribution of tobacco, alcohol, and

illegal drugs by students; (b) develop

programs which prevent the illegal use,

possession, and distribution of such

substances by school employees; and (c)

ensure that programs supported by and

with Federal Safe and Drug Free

Schools funds convey the message that

the illegal use of alcohol and other

drugs, including marijuana, is wrong

and harmful.

Education will review with educators

in Arizona and California the effect

Propositions 200 and 215 will have on

drug use by students. They will also

communicate nationally with school

superintendents, administrators,

principals, boards of education, and

PTAs about the Arizona and California

Propositions and the implications for

their states.

Education will develop a model

policy to confront ‘‘medical marijuana’’

use in schools and outline actions

educators can take to prevent illicit

drugs from coming into schools.

Education will develop model drug

prevention programs to discourage

marijuana use. These models will be

disseminated to the states at a Spring

1997 conference.

ONDCP and DOT will provide

recommendations pursuant to the

October 19, 1996 Presidential directive

to deter teen drug use and drugged

driving through pre-license drug testing,

strengthened law enforcement and other

means. The recommendations will

underscore the point that the use of

marijuana for any reason endangers the

health and safety of the public.

Legislative Enactments: ONDCP, HHS

and DOJ will work with Congress to

consider changes to the Federal Food,

Drug, and Cosmetic Act and the

Controlled Substances Act, as

appropriate, to limit the states’’ ability

to rely on these and similar medical use

provisions. The Administration believes

that working with Congress is the course

of action that will affirm the national

policy to control substances that have a

high potential for abuse and no accepted

medical use. The objective is to provide

a uniform policy which preserves the

integrity of the medical-scientific

process by which substances are

approved as safe and effective

medicines. We will also consider

additional steps, including conditioning

Federal funds on compliance with the

Controlled Substances Act and the

National Drug Control Strategy.

Signed at Washington, D.C. this 15th day

of January, 1997.

Barry R. McCaffrey,

Director.

[FR Doc. 97–3334 Filed 2–10–97; 8:45 am]

BILLING CODE 3180–02–P

Designation of New High Intensity

Drug Trafficking Areas

AGENCY: Office of National Drug Contol

Policy, Executive Office of the

President.

ACTION: Notice.

SUMMARY: This notice lists the five new

High Intensity Drug Trafficking Areas

(HIDTAs) designated by the Director,

Office of National Drug Control Policy.

HIDTAs are regions identified as having

the most critical drug trafficking

problems that adversely affect the

United States. These new HIDTAs are

designated pursuant to 21 U.S.C.

1504(c), as amended, to promote more

effective coordination of drug control

efforts. The additional resources

provided by Congress enable task forces

of local, State, and Federal officials to

assess regional drug threats, design

strategies to combat the threats, develop

initiatives to implement the strategies,

and evaluate effectiveness of these

coordinated efforts.

FOR FURTHER INFORMATION CONTACT:

Comments and questions regarding this

notice should be directed to Mr. Richard

Y. Yamamoto, Director, HIDTA, Office

of National Drug Control Policy,

Executive Office of the President, 750

17th Street N.W., Washington, D.C.

20503, (202) 395–6755.

SUPPLEMENTARY INFORMATION: In 1990,

the Director of ONDCP designated the

first five HIDTAs. These original

HIDTAs, areas through which most

illegal drugs enter the United States, are

Houston, Los Angeles, New York/New

Jersey, South Florida, and the

Southwest Border. In 1994, the Director

designated the Washington/Baltimore

HIDTA to address the extensive drug

distribution networks serving hardcore

drug users. Also in 1994, the Director

designated Puerto Rico/U.S. Virgin

Islands as a HIDTA based on the

significant amount of drugs entering the

United States through this region.

In 1995, the Director designated three

more HIDTAs in Atlanta, Chicago, and

Philadelphia/Camden to target drug

abuse and drug trafficking in those

areas, specifically augmenting

Empowerment Zone programs.

The five new HIDTAs will build upon

the effective efforts of previously

established HIDTAs. In Fiscal Year

1997, the HIDTA program will receive

$140 million in Federal resources. The

program will support more than 150 colocated officer/agent task forces;

strengthen mutually supporting local,

State, and Federal drug trafficking and

money laundering task forces; bolster

information analysis and sharing

networks; and, improve integration of

law enforcement, drug treatment, and

drug abuse prevention programs. The

states and counties included in the five

new HIDTAs are:

(1) Cascade HIDTA: State of

Washington; King, Pierce, Skagit,

Snohomish, Thurston, Whatcom, and

Yakima counties;

(2) Gulf Coast HIDTA: State of

Alabama; Baldwin, Jefferson, Mobile,

and Montgomery counties; State of

Louisiana; Caddo, East Baton Rouge,

Jefferson, and Orleans parishes; and

State of Mississippi; Hancock, Harrison,

Hinds, and Jackson counties.

(3) Lake County HIDTA: State of

Indiana; Lake County.

(4) Midwest HIDTA: State of Iowa;

Muscatine, Polk, Pottawattamie, Scott,

and Woodbury counties; State of

Kansas; Cherokee, Crawford, Johnson,

Labette, Leavenworth, Saline, Seward,

and Wyandotte counties; State of

Missouri; Cape Girardeau, Christian,

Clay, Jackson, Lafayette, Lawrence, Ray,

Scott, and St. Charles counties, and the

city of St. Louis; State of Nebraska;

Dakota, Dawson, Douglas, Hall,

Lancaster, Sarpy, and Scott’s Bluff

counties; State of South Dakota; Clay,

Codington, Custer, Fall River, Lawrence,

Lincoln, Meade, Minnehaha,

Pennington, Union, and Yankton

counties.

(4) Rocky Mountain HIDTA: State of

Colorado; Adams, Arapahoe, Denver,

Douglas, Eagle, El Paso, Garfield,

Jefferson, La Plata, and Mesa counties;

State of Utah; Davis, Salt Lake, Summit,

Utah, and Weber counties; and State of

Wyoming; Laramie, Natrona, and

Sweetwater counties.