Drug Enforcement in the United States: History, Policy, and Trends
Released: 2014-10-02T00:00:00

Summary: The federal government prohibits the manufacturing, distribution, and possession of many intoxicating substances that are solely intended for recreational use (notable exceptions are alcohol and tobacco); however, the federal government also allows for and controls the medical use of many intoxicants. Federal authority to control these substances primarily resides with the Attorney General of the United States.

Over the last decade, the United States has shifted its stated drug control policy toward a comprehensive approach; one that focuses on prevention, treatment, and enforcement. In order to restrict and reduce availability of illicit drugs in the United States, a practice referred to as "supply reduction," the federal government continues to place emphasis on domestic drug enforcement. According to the most recent drug control budget (FY2015) released by the Office of National Drug Control Policy (ONDCP), approximately 60% of all federal drug control spending is dedicated to supply reduction, with approximately 37% of the total budget dedicated to domestic law enforcement.

Federal agencies, primarily the U.S. Drug Enforcement Administration (DEA), enforce federal controlled substances laws in all states and territories, but the majority of drug crimes known to U.S. law enforcement are dealt with at the state level. In the United States in 2012, the DEA arrested 30,476 suspects for federal drug offenses while state and local law enforcement arrested 1,328,457 suspects for drug offenses. In many cases, federal agencies assist state and local agencies with drug arrests, and suspects are referred for state prosecution, and vice-versa.

Most drug arrests are made by state and local law enforcement, and most of these arrests are for possession rather than sale or manufacture. In contrast, most federal drug arrests are for trafficking offenses rather than possession. Over the last 25 years the majority of DEA's arrests have been for cocaine-related offenses.

Trends in federal drug enforcement may reflect the nation's changing drug problems and changes in the federal response to these problems. They also may reflect the federal government's priorities. Drug cases represent the second highest category of criminal cases filed by U.S. Attorneys; however, federal drug cases have steadily declined over the last decade.

This report focuses on domestic drug enforcement. It outlines historic development and major changes in U.S. drug enforcement to help provide an understanding of how and why certain laws and policies were implemented and how these developments and changes shaped current drug enforcement policy. In the 19th century federal, state, and local governments were generally not involved in restricting or regulating drug distribution and use, but this changed substantially in the 20th century as domestic law enforcement became the primary means of controlling the nation's substance abuse problems.


subsections: section_title: Introduction
paragraphs: Domestic drug enforcement involves controlled substances that are prohibited and controlled substances that are diverted from their intended medical purpose. The federal government prohibits the manufacturing, distribution, and possession of many intoxicating substances that are solely intended for recreational use (notable exceptions are alcohol and tobacco); however, the federal government also allows for and controls the medical use of many intoxicants. Federal authority to control these substances primarily resides with the Attorney General of the United States.

In 1970, Congress found that many drugs have a legitimate medical purpose and are necessary to sustain the health and welfare of the American people; however, Congress also found that illegal actions involving and improper use of these drugs have a detrimental effect on the health and welfare of the American people. Among other findings that Congress included in the Controlled Substances Act (CSA; P.L. 91-513), it found that federal control of drug trafficking that occurs within states (i.e., intrastate drug trafficking) is essential to the effective control of drug trafficking that occurs across state lines (i.e., interstate drug trafficking). Congress relies on its power to regulate interstate commerce as a basis for drug control.

In order to restrict and reduce availability of illicit drugs in the United States, a practice referred to as "supply reduction," the federal government emphasizes domestic drug enforcement. As a result of enforcement actions, illicit drugs are more difficult, expensive, and risky to obtain. Federal law enforcement agencies cooperate with state and local agencies to dismantle and disrupt criminal organizations involved in illicit domestic drug production and distribution. In practice, federal law enforcement agencies generally target large drug trafficking organizations rather than low-level drug offenders.

Over the last several years, Congress and the Administration have confronted multiple domestic drug enforcement issues. These issues include state marijuana legalization, prescription drug and heroin abuse, and evolving synthetic drugs. Synthetic compounds have been created across the various classes of drugs, and different synthetic drugs have gained and lost popularity among illicit drug users over the last several decades.

This report reviews federal domestic drug enforcement. First, it provides a history and background of drug enforcement in the United States including how drugs came under the control of federal justice authorities and how legislation and administrative actions changed domestic drug enforcement. It then provides a brief overview of drug enforcement in the United States and summarizes U.S. drug policy. Finally, the report presents trends in federal drug enforcement and concludes with a discussion of drug enforcement issues going forward.

section_title: History and Background of U.S. Drug Enforcement
paragraphs: This section outlines historic development and major changes in federal drug enforcement to help provide an understanding of how and why certain laws and policies were implemented and how these developments and changes shaped current drug enforcement policy.
subsections: section_title: Late 19th Century–Early 20th Century
paragraphs: Both recreational and medical use of drugs, including cocaine and opium, were popular in the 19 th century, but the federal government was not involved in restricting or regulating their distribution and use. During this time, the federal government did not have any agencies that regulated medical and pharmaceutical practice, and doctors freely prescribed cocaine and morphine as treatment for pain. By the end of the 19 th century, abuse of these drugs was a significant social issue, and public concern was growing.

Scholars identify the separation of federal and state power as a major reason for an unregulated U.S. drug market in the 19 th century. Attempts to establish federal control over drugs were met with strong opposition from patent medicine firms and state officials.
subsections: section_title: The Harrison Act
paragraphs: Federal control of drugs began to take shape in the early 20 th century. In response to growing levels of drug abuse, the federal government sought to regulate and control drugs through taxation. The Harrison Narcotics Act of 1914 (Harrison Act; P.L. 63-223), among other things, required importers, manufacturers, and distributors of cocaine and opium to register with the U.S. Department of the Treasury (the Treasury), pay a special tax on these drugs, and keep records of each transaction. Under the Harrison Act, practitioners were authorized to prescribe opiates and cocaine; however, the law was subject to interpretation. The Treasury viewed patient drug maintenance using these substances as beyond medical scope, and many physicians were arrested, prosecuted, and jailed. Under authority of the Harrison Act, the Narcotic Division of the Internal Revenue Bureau closed down state and city narcotic clinics and sent drug violators to federal penitentiaries. Enforcement agents were referred to as "narcs." Ultimately, physicians stopped prescribing drugs covered under the Harrison Act, thereby sending users to the black market to seek out these substances.

section_title: The Marihuana Tax Act of 1937
paragraphs: During the 1920s, narcotic enforcement was closely tied to Prohibition enforcement. In 1930, Prohibition enforcement was transferred to the Department of Justice while a standalone federal agency, the Federal Bureau of Narcotics (FBN), was established within the Treasury to handle narcotic enforcement. During Prohibition, a new recreational drug—marijuana—had quickly become unpopular with law enforcement, especially in the southwestern United States. As Prohibition ended, marijuana caught the attention of Congress and the FBN.

Until 1937, the growth and use of marijuana was legal under federal law. During the course of promoting federal legislation to control marijuana, Henry Anslinger, the first commissioner of the FBN, and others submitted testimony to Congress regarding the evils of marijuana use, claiming that it incited violent and insane behavior. Of note, Commissioner Anslinger had informed Congress that "the major criminal in the United States is the drug addict; that of all the offenses committed against the laws of this country, the narcotic addict is the most frequent offender."

The federal government unofficially banned marijuana under the Marihuana Tax Act of 1937 (MTA; P.L. 75-238). The MTA imposed a strict regulation requiring a high-cost transfer tax stamp for every sale of marijuana. These stamps, however, were rarely issued by the federal government. Shortly after passage of the MTA, all states made the possession of marijuana illegal.
subsections: section_title: Enforcement Changes
paragraphs: Enforcement of drug laws was primarily the responsibility of local police, and the FBN occasionally assisted with enforcement. Due to limited and reduced appropriations during the Great Depression, which began in the United States after the stock market crash of 1929 and lasted through the 1930s, the FBN budget and the number of narcotic agents declined and remained low for years. Publicity and warnings of the dangers of narcotics, in particular marijuana, became methods of drug control for the FBN. In seeking federal control of marijuana and uniform narcotic laws, Commissioner Anslinger made personal appeals to civic groups and legislators and pushed for, and received, editorial support in newspapers; many newspapers maintained a steady stream of anti-marijuana propaganda in the 1930s.

section_title: Mid-20th Century
paragraphs: Over the next several decades, Congress continued to pass drug control legislation and further criminalized drug abuse. For example, the Boggs Act (P.L. 82-255), passed in 1951, established mandatory prison sentences for some drug offenses while the 1956 Narcotic Control Act (P.L. 84-728) further increased penalties for drug offenses and established the death penalty as punishment for selling heroin to youth. 
subsections: section_title: Shifting Attitudes
paragraphs: The FBN continued to enforce federal narcotic laws and support local enforcement while the agency remained relatively unchanged until the 1960s. Support for severe punishment for drug offenses, however, waned by this point. Organizations, including the American Bar Association, began to speak out against strict punishments for drug offenders while federal support for a medical approach to drug abuse grew. For instance, methadone maintenance became an acceptable and common treatment for heroin dependence. In 1963, the Presidential Commission on Narcotic and Drug Abuse (the 1963 Presidential Commission) issued a report recommending more funds for narcotic research, less strict punishment for drug offenses, and the dismantling of the FBN. 

Congress also began to support the medical approach to addressing drug abuse. It heeded the recommendations of the 1963 Commission and created the Bureau of Drug Abuse Control within the Department of Health, Education, and Welfare and provided for civil commitment of some drug addicted federal detainees. In the Narcotic Addict Rehabilitation Act, Congress declared its support for rehabilitation through treatment:

It is the policy of the Congress that certain persons charged with or convicted of violating Federal criminal laws, who are determined to be addicted to narcotic drugs, and likely to be rehabilitated through treatment, should, in lieu of prosecution or sentencing, be civilly committed for confinement and treatment designed to effect their restoration to health, and return to society as useful members.

While there was a great deal of attention paid to the medical approach to preventing and responding to drug abuse in the 1960s, there was also strong emphasis on law enforcement. The 1963 Presidential Commission, among other findings, had recommended increasing federal drug enforcement personnel and transferring drug enforcement functions from the Treasury to the Department of Justice (DOJ). Subsequently, Congress shifted the constitutional basis for drug control from its taxing authority to its power to regulate interstate commerce, and in 1968 the FBN merged with the Bureau of Drug Abuse Control and was transferred to DOJ. In 1969 President Nixon responded to rising drug abuse, in particular heroin abuse, by making the reduction of drug use one of his top priorities upon taking office. Several years later President Nixon would declare a war on drugs.

section_title: 1970s: War on Drugs and the Controlled Substances Act
paragraphs: President Nixon's war on drugs involved greater emphasis on law enforcement. He also enhanced international efforts and made a successful push to curb opium production in Turkey. In his efforts to enhance federal control of drugs, Nixon pushed for passage of comprehensive federal drug laws. The Controlled Substances Act (CSA), enacted as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513), placed the control of select plants, drugs, and chemical substances under federal jurisdiction. Congress passed this legislation, in part, to replace previous federal drug laws with a single comprehensive statute. 

The CSA established the statutory framework through which the federal government regulates the lawful production, possession, and distribution of controlled substances. This comprehensive drug law classified controlled substances under five schedules according to (1) how dangerous they are considered to be, (2) their potential for abuse and addiction, and (3) whether they have legitimate medical use. It became, and remains today, the legal framework through which the Drug Enforcement Administration (DEA) derives its authority.
subsections: section_title: Establishment of the Drug Enforcement Administration (DEA)
paragraphs: In July 1973, President Nixon authorized the creation of a single-mission federal agency to enforce the CSA: the DEA. Several months later, the Senate Committee on Government Operations issued its reorganization plan regarding the establishment of the DEA in DOJ. Both the committee and President Nixon stressed the importance of the DEA's role in assuring cooperation and coordination among the DEA, Federal Bureau of Investigation (FBI), and other DOJ agencies involved in counterdrug operations. In summarizing the benefits expected from the reorganization plan, the committee stated the following:

(1) It will put an end to the interagency rivalries that have undermined Federal drug law enforcement, especially the rivalry between BNDD [Bureau of Narcotics and Dangerous Drugs] and the Customs Bureau.

(2) It will give the FBI its first significant role in drug enforcement by requiring that the DEA draw on the FBI's expertise in combatting organized crime's role in the trafficking of illicit drugs.

(3) The new DEA will provide a single focal point for coordinating Federal drug enforcement efforts with those of State and local authorities as well as with foreign police forces.

(4) By placing a single Administrator in charge of Federal drug law enforcement, the plan will make the new DEA more accountable than its component parts had ever been, thereby safeguarding against corruption and such enforcement abuses...

(5) The consolidation of drug enforcement operations in the DEA and the establishment of the Narcotics Division in Justice will maximize coordination between Federal investigation and prosecution efforts and eliminate rivalries within each sphere.

(6) Establishment of the DEA as a superagency will provide the momentum needed to coordinate all Federal efforts related to drug enforcement outside the Justice Department, especially the gathering of intelligence on international narcotics smuggling.

In 1973, the newly formed DEA began its work with 1,470 special agents and an annual budget of $74.9 million (FY1973). By 1975, these numbers grew to 2,135 special agents and an annual budget of $140.9 million (FY1975). At its onset, the DEA also employed chemists, intelligence analysts, diversion investigators, and other personnel involved in drug operations. In FY2014, the DEA had over 9,000 full time employees and its budget was approximately $2.0 billion.

section_title: 1980s: Rising Enforcement
paragraphs: As heroin abuse had been the primary concern of the Administration in the 1960s and 1970s, the rising popularity of cocaine and a new form of cocaine referred to as "crack" led to a renewed demand from the American public that something be done about American drug abuse. By 1989, 27% of the American public felt that drugs, or drug abuse, was the most important problem facing the country as compared to four years prior in 1985 when 2% gave this response.

Like President Nixon, President Reagan stressed the importance of criminal justice agencies in the federal government's efforts to combat drug abuse. In 1986 President Reagan informed the nation of the federal government's progress in combating drug abuse:

From the beginning of our administration, we've taken strong steps to do something about this horror. Tonight I can report to you that we've made much progress. Thirty-seven Federal agencies are working together in a vigorous national effort, and by next year our spending for drug law enforcement will have more than tripled from its 1981 levels. We have increased seizures of illegal drugs. Shortages of marijuana are now being reported. Last year alone over 10,000 drug criminals were convicted and nearly $250 million of their assets were seized by the DEA, the Drug Enforcement Administration.

Indeed, the number of federal drug convictions rose sharply between 1980 and 1986. The total number of individuals convicted of federal drug offenses more than doubled from 5,244 in 1980 to 12,285 in 1986. This accounted for 51% of the increase in the total number of persons convicted of all federal offenses, which increased from 29,952 in 1980 to 43,802 in 1986. Of note, most convicted drug offenders were convicted of offenses other than possession, including trafficking, importation, and distribution; however, the number of individuals convicted of simple possession increased sharply from 302 convictions in 1980 to 1,353 in 1982 and remained relatively stable over the next few years. The Bureau of Justice Statistics explained that "the early increase in convictions for possession of drugs may have been caused by a heightened Federal attention to all drug cases and the rapid expansion of Federal resources for drug prosecutions, which may have resulted in fewer deferrals of simple possession cases to local prosecutors." 
subsections: section_title: The Comprehensive Crime Control Act of 1984
paragraphs: In 1984 Congress passed crime legislation (Comprehensive Crime Control Act of 1984; Title II of P.L. 98-473 ) that, among other things, enhanced penalties for CSA violations and amended the CSA to establish general criminal forfeiture provisions for certain felony drug violations. These provisions allow the Attorney General to transfer drug-related forfeited property to federal, state, and local law enforcement agencies and retain forfeited property for official use or for transfer to other federal, state, and local agencies related to federal law enforcement. Also, it amended the CSA to allow the Attorney General to place an uncontrolled substance under temporary control that triggers the CSA's regulatory requirements of registration and recordkeeping, as well as authorized criminal penalties in order to avoid imminent hazard to the public safety. This temporary scheduling authority would prove to be useful in combating the onset of new synthetic drugs.

section_title: Anti-Drug Abuse Acts of 1986 and 1988
paragraphs: The Anti-Drug Abuse Act of 1986 (1986 Act; P.L. 99-570 ) was a significant development in pursuing enforcement action against the illicit synthetic drug trade. Among other things, it amended the CSA to allow for controlled substance analogues (intended for human consumption) to be treated as Schedule I substances. It also established criminal penalties for simple possession of a controlled substance. 

The 1986 Act is perhaps most well-known for its establishment of mandatory minimum penalties for certain federal drug trafficking offenses; it created two tiers of mandatory prison terms based on the quantity and type of drug involved in the offense. It differentiated "cocaine base" from powder cocaine and required 100 times more powder cocaine than crack cocaine to trigger the more severe minimum sentence. Congress later reduced the cocaine disparity from 100:1 to 18:1 through the Fair Sentencing Act of 2010 ( P.L. 111-220 ). 

Through the Anti-Drug Abuse Act of 1988 (1988 Act; P.L. 100-690 ), Congress aimed to coordinate federal agencies' efforts to reduce drug supply and demand by establishing the Office of National Drug Control Policy (ONDCP) and the Director of National Drug Control Policy (commonly referred to as the "drug czar"). ONDCP is responsible for creating policies, priorities, and objectives for the federal Drug Control Program. The 1988 Act, among other things, created new criminal penalties for CSA violations on federal lands and established mandatory minimum penalties for drug offenses involving minors.

Of note, Congress passed the Chemical Diversion and Trafficking Act (CDTA; Title VI of the 1988 Act) in an effort to restrict access to chemicals used in the illicit manufacture of certain controlled substances in violation of the CSA. The CDTA and its subsequent amendments allow the DEA to control 40 chemicals and restrict their diversion; these chemicals are referred to as "listed chemicals" and can be used to illicitly manufacture controlled substances.

section_title: 1990s-Today
paragraphs: The majority of federal drug legislation over the last 20 years has addressed concern over synthetic drugs. Synthetic compounds have been created across the various classes of drugs, and different synthetic drugs have gained and lost popularity among illicit drug users over the last several decades. Congress and the Administration have responded to the proliferation of these drugs in several ways. In addition, the federal government has faced new concerns over the rise in prescription drug and heroin abuse and state marijuana legalization.
subsections: section_title: Methamphetamine
paragraphs: Along with other amphetamines, methamphetamine first emerged in the United States in the late 1960s. It was added as a Schedule II drug under the CSA in 1970. In the 1990s, as cocaine's popularity waned, methamphetamine abuse rose. In addition to larger clandestine labs that produced methamphetamine (largely in California and Mexico), smaller labs in homes and other private locations thrived by producing and distributing methamphetamine on a smaller scale. Methamphetamine was (and is today) commonly produced with legally purchased items including pseudoephedrine, a non-prescription product used to treat a common cold.

In the 1990s, the Clinton Administration implemented strategies and policy initiatives to reduce methamphetamine trafficking, production, and abuse. The DEA dedicated over 200 positions to this purpose, and agencies involved in the High Intensity Drug Trafficking Areas (HIDTA) Program targeted methamphetamine operations in the Southwest, where methamphetamine first gained popularity in the United States. Since the mid-1990s, the DEA has assisted state and local law enforcement with methamphetamine lab cleanups and training.

Due to the unique nature of producing the drug and the dangers associated with production and abuse, Congress has enacted several pieces of legislation designed to address methamphetamine abuse. These measures have included enhanced criminal penalties for manufacturing and trafficking in the drug (Comprehensive Methamphetamine Control Act of 1996; P.L. 104-237 ), more stringent federal regulation of methamphetamine precursor chemicals such as pseudoephedrine (Combat Methamphetamine Epidemic Act; P.L. 109-177 ), and authorization of additional funding for grants providing methamphetamine-specific law enforcement assistance.

section_title: MDMA and the Illicit Drug Anti-Proliferation Act of 2003
paragraphs: MDMA (3,4-methylenedioxy-methamphetamine), also known as ecstasy, first gained popularity in the early 1980s, after which it was permanently placed on Schedule I of the CSA by the DEA. It later resurfaced as a popular drug among youth in the nightclub scene and at raves in the 1990s. MDMA has resurfaced in recent years under the street name "molly."

The Illicit Drug Anti-Proliferation Act of 2003 amended the CSA to more directly target the producers of raves where synthetic drugs such as MDMA were often used. It shifted emphasis from punishing those who establish places where drugs are made, distributed, and consumed to those who knowingly maintain such places. It also established civil penalties for "maintaining drug-involved premises." This act also authorized appropriations for the DEA to educate youth, parents, and other interested adults about club drugs.

section_title: Scheduling of Synthetic Drugs
paragraphs: Temporary scheduling of synthetic drugs has been a key tool in combating the onset of new synthetic drugs. As previously mentioned, in 1984 Congress gave the Attorney General the authority to temporarily place a substance onto Schedule I of the CSA to "avoid imminent hazards to public safety;" policy makers were concerned about the effects of pharmaceutically created and other modified drugs. When determining whether there is an imminent hazard, the Attorney General (through the DEA) must consider the drug's history and current pattern of abuse; scope, duration, and significance of abuse; and risk to public health.

Once scheduled through this temporary scheduling process, a substance may remain on Schedule I for two years. The Attorney General then has the authority to keep the substance on Schedule I for an additional year before it must be removed or permanently scheduled. The Synthetic Drug Abuse Prevention Act of 2012 extended the DEA's temporary scheduling authority. Prior to enactment of this act on July 9, 2012, the DEA was able to temporarily place a substance on Schedule I of the CSA for one year, with a potential extension of six months.

Over the past several years the DEA has taken several temporary scheduling actions to place synthetic drugs on Schedule I. Since 2002 the DEA has used this temporary scheduling authority on 33 synthetic substances. Prior to 2002 the most recent time DEA exercised this authority was in 1995.

Congress has also taken scheduling action in response to the hazardous nature of synthetic drugs. In 2000, for example, Congress passed legislation that provided for emergency scheduling of gamma hydroxybutyric acid (GHB), a synthetic stimulant also known as "liquid ecstasy." In doing so, Congress cited GHB as "an imminent hazard to public safety that requires immediate regulatory action." Concern over the reported increase in use of certain synthetic cannabinoids and stimulants led some to call on Congress to legislatively schedule specific substances. This is, in part, because congressional action could place certain substances onto Schedule I of the CSA more quickly than might occur through administrative scheduling actions by the Attorney General and Secretary of Health and Human Services, as authorized by the CSA. In June 2012, Congress passed the Synthetic Drug Abuse Prevention Act of 2012 to, among other things, permanently schedule selected synthetic stimulants and other synthetic substances.

section_title: Heroin and Prescription Drug Abuse
paragraphs: Over the last decade, there has been a rise in opioid abuse. From 2004-2011, the number of medical emergencies related to nonmedical use of pharmaceuticals increased 132%. In addition, the number of past-year heroin users increased by approximately 300% between 2004 (166,000 users) and 2013 (681,000 users). Some academic experts have highlighted the connection between the law enforcement crackdown on prescription drug abuse and the subsequent rise in heroin abuse, which has been of growing concern to policy makers. Heroin is a cheaper alternative to prescription drugs that may be more easily accessible to some who are seeking an opiate high.

Unlike illegal drugs such as heroin, individuals may obtain prescription drugs through lawful channels; however, individuals who abuse prescription drugs often obtain them through unlawful channels. Federal law enforcement has engaged in diversion control to address the unlawful means through which individuals obtain prescription drugs. The DEA's Office of Diversion Control seeks "to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring an adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs." In response to prescription drug abuse, the DEA has nearly doubled its number of Tactical Diversion Squads (TDS) over the last three years, from 37 in March 2011 to 66 in March 2014. TDS units combine federal, state, and local resources to investigate and prevent the diversion of controlled pharmaceutical substances or listed chemicals.

The Office of Diversion Control also oversees registrations for those who seek to manufacture, import, export, sell, or dispense narcotics. DEA enforcement actions generally have focused on doctors prescribing prescription controlled substances (PCS) or traffickers of PCS (rather than individuals using PCS).

section_title: Marijuana
paragraphs: Under the CSA, marijuana is a Schedule I controlled substance. This officially prohibits the unauthorized manufacture, distribution, dispensation, and possession of marijuana. Despite this, over the last 20 years, states have deviated from strict federal restrictions on marijuana by establishing a range of laws and policies allowing its medical and recreational use. Some states have pursued decriminalization initiatives, legal exceptions for medical use, and legalization of certain quantities for recreational use. This has raised domestic law enforcement questions as to how marijuana can remain strictly prohibited under federal law (except for authorized scientific research) while some state authorities allow for its medical and/or recreational use.

Federal law enforcement has generally tailored its efforts to target criminal networks rather than individual criminals; its stance regarding drug (particularly marijuana) offenders appears consistent with this position. Deputy Attorney General Cole has stated that while marijuana remains an illegal substance under the CSA, DOJ would focus its prosecutorial resources on the "most significant threats in the most effective, consistent, and rational way."

section_title: Overview of Federal Drug Enforcement in the United States
subsections: section_title: U.S. Drug Control Policy and Budget
paragraphs: Over the last decade, the United States has gradually shifted its stated drug policy toward a more comprehensive approach; one that focuses on prevention, treatment, and enforcement. The Obama Administration states that it coordinates "an unprecedented government-wide public health and public safety approach to reduce drug use and its consequences." In practice, however, federal drug control dollars mostly go to law enforcement. According to the most recent drug control budget (FY2015) released by the Office of National Drug Control Policy (ONDCP), approximately 60% of all federal drug control spending is dedicated to supply reduction, with around 37% of the total drug control budget going toward domestic law enforcement. As illustrated in Table 1 , these figures, while fluctuating slightly over the last 10 years, have remained relatively unchanged since FY2005.

section_title: Federal vs. State Enforcement
paragraphs: While federal agencies enforce drug laws under the CSA, all states and territories have their own statutory framework through which they enforce drug laws; however, the CSA places drug control under federal jurisdiction regardless of state laws. In other words, federal agencies may enforce the CSA in all states and territories.

The majority of drug crimes known to U.S. law enforcement are dealt with at the state level. In the United States in 2012, the U.S. Drug Enforcement Administration (DEA) arrested 30,476 suspects for federal drug offenses while state and local law enforcement arrested 1,328,457 suspects for drug offenses. In many cases, federal agencies assist state and local agencies with drug arrests, and suspects are referred for state prosecution, and vice-versa.

Other federal agencies aside from the DEA participate and support federal drug investigations and also make drug arrests. These agencies include, but are not limited to, the Federal Bureau of Investigation (FBI), the U.S. Marshals Service (USMS), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), agencies at the U.S. Department of Homeland Security (DHS), and the U.S Postal Inspection Service. As the only single-mission agency charged with the enforcement of the CSA, the DEA is primarily responsible for enforcing the controlled substance laws and regulations of the United States.

Federal, state, and local law enforcement agencies frequently coordinate drug operations. In establishing administrative and enforcement provisions under the CSA, Congress specifically required that federal law enforcement cooperate with local, state, and tribal agencies in investigative efforts to curb drug abuse and suppress diversion of controlled substances, among other cooperative arrangements. The DEA has 222 offices throughout the United States, and each of these offices partners with state and local authorities, as well as with other federal agencies, to investigate and prosecute drug offenses. 
subsections: section_title: Drug Task Forces
paragraphs: The Department of Justice has long recognized the need for a coordinated response to drug trafficking and organized crime. Coordination and cooperation with state and local law enforcement agencies is essential to federal counterdrug operations. In 2013, the DEA managed 259 state and local task forces, including program-funded, provisional, HIDTA (High Intensity Drug Trafficking Areas), and Tactical Diversion Squad task forces through their State and Local Task Force Program. These task forces share resources and expertise in their drug enforcement efforts, thereby increasing investigative possibilities. They are staffed by over 2,190 DEA special agents and 2,556 state and local officers.
subsections: section_title: Organized Crime Drug Enforcement Task Forces (OCDETF) Program
paragraphs: The first drug task force was established in 1970 in New York under the guidance of the Bureau of Narcotics and Dangerous Drugs, DEA's predecessor agency. In 1982, the Organized Crime Drug Enforcement Task Forces (OCDETF) Program was established "to mount a comprehensive attack against organized drug traffickers." The OCDETF Program focuses federal resources on reducing the illicit drug trade by identifying and targeting major drug trafficking organizations, eliminating their financial infrastructure by emphasizing financial investigations and asset forfeiture, redirecting federal drug enforcement resources to align them with existing and emerging drug threats, and broadly investigating all the related parts of the targeted organizations. Agencies participating in OCDETF include the DEA, FBI, ATF, USMS, Internal Revenue Service, U.S. Coast Guard, U.S. Immigration and Customs Enforcement, all 94 U.S. Attorneys' Offices, the DOJ Criminal and Tax Divisions, and multiple state and local agencies. In FY2013, OCDETF cases made up approximately 21% of all criminal drug cases filed by U.S. Attorneys.

There are 11 OCDETF strike forces around the country as well as an OCDETF Fusion Center. The OCDETFs target those organizations that have been identified on the Consolidated Priority Organization Targets (CPOT) List, which is the "most wanted" list for leaders of drug trafficking and money laundering organizations. In FY2013, OCDETF participants initiated 1,074 investigations, and 16% (822 cases) of active OCDETF investigations were linked to valid CPOTs. Between 2003 and 2013, OCDETF participants have dismantled or severely disrupted 75 CPOT organizations and disrupted or dismantled 2,918 CPOT-linked organizations.

section_title: HIDTA Program
paragraphs: The federal government assists state and local authorities with drug enforcement through financial and personnel support. The HIDTA program primarily supports the law enforcement aspect of the National Drug Control Strategy in providing assistance to law enforcement agencies—at the federal, state, local, and tribal levels—that are operating in regions of the United States that have been deemed critical drug trafficking regions. The program aims to reduce drug production and trafficking through four means: (1) promoting coordination and information sharing between federal, state, local, and tribal law enforcement; (2) bolstering intelligence sharing between federal, state, local, and tribal law enforcement; (3) providing reliable intelligence to law enforcement agencies such that they may be better equipped to design effective enforcement operations and strategies; and (4) promoting coordinated law enforcement strategies that rely upon available resources to reduce illegal drug supplies not only in a given area, but throughout the country. There are 28 designated HIDTAs in the United States and its territories. On the whole, the HIDTA program is administered by ONDCP; however, each of the HIDTA regions is governed by its own Executive Board.

section_title: International Enforcement
paragraphs: While an in-depth discussion of international drug enforcement is beyond the scope of this report, it is nonetheless important to mention when discussing drug enforcement operations in the United States. While law enforcement efforts to combat drug abuse largely occur within the geographic boundaries of the United States, federal agencies also pursue drug investigations abroad. The DEA has 86 offices in 67 countries, and maintains "sole responsibility for coordinating and pursuing drug investigations abroad and works in partnership with foreign law enforcement counterparts." Aside from the DEA, the Department of State, the U.S. Agency for International Development, other agencies within DOJ, and the Department of Defense (DOD) also assist with international counterdrug support. For example, DOD detects and monitors aerial and maritime movement of illegal drugs toward the United States and collects, analyzes, and shares intelligence on illegal drugs with U.S. law enforcement and international security counterparts.

International law enforcement cooperation is guided, in part, by international treaties. The United States is a party to the Single Convention on Narcotic Drugs of 1961, which was designed to establish effective control over international and domestic traffic in narcotics, coca leaf, cocaine, and marijuana. The United States is also subject to the Convention on Psychotropic Substances of 1971, which was designed to establish similar control over stimulants, depressants, and hallucinogens. As Congress established under the CSA, treaty obligations may require the Attorney General to control or reschedule a substance if existing controls are less stringent than those required by a treaty.

section_title: Intelligence Operations and Interdiction
paragraphs: The gathering and analyzing of drug-related intelligence is an essential function of federal drug enforcement. Intelligence is used to support tactical operations; arrests, seizures, and interdictions can be based on tactical intelligence. Also, investigative intelligence is used against large criminal organizations in investigations and prosecutions. Finally, strategic intelligence is used to inform policy, administrative decisions, and resource management. Multiple federal agencies, including the U.S. military, as well as state and local law enforcement contribute to and utilize drug intelligence. Drug interdiction is inextricably linked to domestic drug enforcement; both are methods of supply reduction.

The El Paso Intelligence Center (EPIC), the federal center for operational tactical intelligence, plays a key role in drug interdiction. EPIC is led by the DEA and staffed by 15 federal agencies from the Departments of Justice, Homeland Security, Transportation, and Defense as well as state and local law enforcement agencies. EPIC has long supported the federal government's drug interdiction efforts and drug trafficking investigations in addition to efforts to combat alien and weapon smuggling, terrorism and other criminal activities. 

In addition to EPIC, the DEA's Special Operations Division (SOD) also plays a key role in gathering, analyzing, and distributing intelligence in support of domestic and foreign law enforcement operations. Similar to EPIC, SOD coordinates the efforts of multiple federal, state, and local agencies. SOD operates at a classified level and its functions include the following:

coordinate special operations and projects targeting trafficker command and control communications; provide funding support, guidance, and technical assistance to all DEA divisions that have Title III operations involving drug trafficking; disseminate investigative data to participating law enforcement partners; develop and support the DEA Analysis and Response Tracking System (DARTS) for DEA users, and the De-Confliction and Information Coordination Endeavour (DICE) system, a similar system utilized by federal, state, and local law enforcement; address financial crime and narcoterrorism related issues and investigations; and support the operations of the National Gang Targeting, Enforcement and Coordination Center (GangTECC).

GangTECC coordinates information and enforcement activities to disrupt and dismantle regional, national, and international gang threats.

Since its establishment in 1973, the DEA has relied heavily on drug intelligence to accomplish its mission. At first, the Intelligence Program was staffed by DEA special agents and several intelligence analysts. Over the years, the Intelligence Program has grown significantly, and today, the DEA employs over 700 intelligence analysts.

section_title: Enforcement Trends
paragraphs: Trends in federal drug enforcement may reflect changes in the nation's drug problems and changes in the federal response to these problems. These trends also may reflect the federal government's enforcement priorities. For example, as shown in Figure 4 , the number of drug cases filed by U.S. Attorneys steadily increased in the late 1990s and early 2000s. While this may reflect a higher drug crime incidence rate, it also may reflect a federal enforcement focus on drug crimes. This section provides a snapshot of federal enforcement trends over the last several decades.
subsections: section_title: Federal Drug Arrests and Seizures
subsections: section_title: Arrests
paragraphs: Most drug arrests are made by state and local law enforcement, and most of these arrests are for possession rather than sale or manufacturing. In contrast, most federal drug arrests are for trafficking offenses rather than possession. While multiple federal agencies (as previously identified in this report) engage in federal drug enforcement, the DEA is the primary federal agency responsible for the enforcement of federal drug laws; therefore, it is the agency of focus in this section. 

As shown in Figure 1 , over the last 25 years the majority of the DEA's arrests have been for cocaine-related offenses. Like arrests for amphetamine/methamphetamine and cannabis, arrests for cocaine peaked in the late 1990s (16,947 cocaine arrests in FY1999). With notable exceptions of pharmaceutical narcotics and heroin/opiate-related arrests, most arrests have declined since their peak in FY1999. In FY1989, the total number of DEA arrests was 25,986. This figure rose to 40,278 in FY1999, declined to 29,212 in FY2003, and has remained fairly steady over the last 10 years (between 29,000 and 33,000 arrests each year).

section_title: Seizures
paragraphs: As illustrated in Figure 2 , over the last 25 years, marijuana seizures have made up the strong majority of the volume of drugs seized by federal agencies. In FY2013, the amount of marijuana seized by federal agencies made up 95% of the total amount of drugs seized that year. This reflects both marijuana's availability and popularity; marijuana is the most widely available and commonly used illegal drug in the United States.

Over the last several years, there has been an increase in the amount of heroin seized at the southwest border of the United States. According to the DEA, the amount of heroin seized each year in this region has increased 320% from 2008 to 2013. In FY2012 and FY2013, the DEA seized 4,518 and 4,836 kilograms of heroin, respectively, in the United States. This has been coupled with higher availability of heroin in the United States as compared to recent years. The DEA attributes the increase in heroin availability to an increase in Mexican heroin production and trafficking to the United States. According to recent congressional testimony, "DEA intelligence reveals that heroin trafficking organizations are relocating to areas where non-medical use of prescription drugs [is] on the rise."

section_title: Prosecutions
paragraphs: U.S. Attorneys are prosecutors under the Attorney General and conduct the trial work for federal drug cases. Currently, drug cases represent the second highest category of criminal cases filed by U.S. Attorneys (see Figure 3 ). Since enactment of the CSA, drug cases have either been the highest or second highest category of criminal cases filed by U.S. Attorneys. Drug offenses represent the largest offense category (31.6% in FY2013) for federal criminal appeals filed by or against the United States.

As shown in Figure 4 , and mirroring arrest trends for federal drug offenses, over the last 25 years the number of federal prosecutions for drug offenses peaked in the early 2000s (17,284 cases filed in FY2002), and then steadily declined, with a few exceptions, since FY2002 (13,383 cases filed, 27,106 defendants in FY2013). In FY2013, the U.S. Attorneys recorded 24,307 convictions for all drug offenses. Similar to the DEA and other federal agencies, U.S. Attorneys largely target drug dealing as opposed to drug possession. 1.4% of the 10,542 drug cases filed by U.S. Attorneys in FY2013 were for drug possession, while the rest were categorized under "drug dealing."

section_title: Conclusion
paragraphs: U.S. federal drug enforcement policies will continue to generate debates among policy makers, law enforcement officials, scholars, and the public. Even prior to the federal government's move in 1970 to criminalize the manufacture, distribution, dispensation, and possession of controlled substances, there were significant discussions over the morality and efficacy of criminal drug enforcement. As discussed in this report, federal law enforcement has generally not targeted individuals for drug possession (as state and local law enforcement have), but rather has aimed to disrupt and dismantle organizations involved in illicit drug trafficking. 

Drug trends will evolve along with law enforcement response to drug crimes, but the same fundamental issues will likely continue to confront lawmakers. These issues include the social impact of the criminalization of drugs and federal involvement in domestic drug control. In the coming years, Congress may opt to address current drug uses, including prescription drug and heroin abuse, synthetic drugs, and state legalization of marijuana, through changes to the Controlled Substances Act or other legislative means.


Question-summary annotations: questions: question: How has the US shifted its stated drug control policy?
answer: Over the last decade, the United States has shifted its stated drug control policy toward a comprehensive approach; one that focuses on prevention, treatment, and enforcement.
child_questions: question: How does the US restrict and reduce availability of illicit drugs?
answer: In order to restrict and reduce availability of illicit drugs in the United States, a practice referred to as "supply reduction," the federal government continues to place emphasis on domestic drug enforcement.

question: How is spending towards US drug control split?
answer: According to the most recent drug control budget (FY2015) released by the Office of National Drug Control Policy (ONDCP), approximately 60% of all federal drug control spending is dedicated to supply reduction, with approximately 37% of the total budget dedicated to domestic law enforcement.

questions: question: How are drug laws enforced?
answer: Federal agencies, primarily the U.S. Drug Enforcement Administration (DEA), enforce federal controlled substances laws in all states and territories, but the majority of drug crimes known to U.S. law enforcement are dealt with at the state level.

question: How did arrests by the DEA and state and local law enforcement compare?
answer: In the United States in 2012, the DEA arrested 30,476 suspects for federal drug offenses while state and local law enforcement arrested 1,328,457 suspects for drug offenses.
child_questions: question: How do the DEA and other federal agencies interact with state and local agencies?
answer: In many cases, federal agencies assist state and local agencies with drug arrests, and suspects are referred for state prosecution, and vice-versa.

questions: question: What does this report focus on?
answer: This report focuses on domestic drug enforcement.
child_questions: question: What does this report provide understanding of?
answer: It outlines historic development and major changes in U.S. drug enforcement to help provide an understanding of how and why certain laws and policies were implemented and how these developments and changes shaped current drug enforcement policy.

question: How did government involvement in drug enforcement policies change over time?
answer: In the 19th century federal, state, and local governments were generally not involved in restricting or regulating drug distribution and use, but this changed substantially in the 20th century as domestic law enforcement became the primary means of controlling the nation's substance abuse problems.