Introduction
Summary of Issues
The history of the United States Drug Enforcement Administration (DEA) began in 1915 when the Bureau of Internal Revenue was established. The majority of responsibilities for the DEA remained the same over the years, with the only essential difference becoming the decision to separate general drug law enforcement into the Federal Bureau of Narcotics and the Bureau of Drug Abuse Control (Drug Enforcement Administration, n.d.). Therefore, the biggest challenges awaited the US on the way to normalizing drugs during 1960, right at the time when the nation began learning about all kinds of drugs, the existence of drug dealers, and numerous other issues that related exclusively to the new regulations. According to Jones et al. (2016), the willingness to establish the so-called drug-free zones turned out to be an insufficient strategy since countless individuals had to cope with the effects of drug trafficking and its adverse influence on the environment.
Overview of DEA, State and Federal Authorizes Roles in Pharmaceutical Regulations
Prior to the second half of the 20th century, the US did not turn to drug use as tolerable comportment. Yet, the next three decades became the hardest in the lives of the drug enforcement officials who could not stop or at least slow down the popularization and increased rate of abuse of drugs. The 1970s became a decade when the future DEA started looking for a much more encompassing response to drug use because it was no longer seen as a trivial issue (Drug Enforcement Administration, n.d.).
Establishment of the DEA
The modern DEA was created in 1973 in an attempt to battle the majority of drug trafficking syndicates from Mexico and Colombia that gained an exceptionally high pace in terms of drug supply. The greatest demands were covered by international providers, and the DEA had to expand its operations in order to be able to respond to the upcoming challenges. Heroin and cocaine were placed under the control of the DEA, but their efforts seemed to be ineffective due to the growing number of traffickers and the expanse of drugs.
About the Drug Enforcement Administration
History
The Drug Enforcement Administration was founded in 1973 as the body that was expected to regulate compliance with the substance laws established in the U.S. (Drug Enforcement Administration, n.d.). Thus, from its very conception, the DEA was linked to the criminal and justice system of the U.S. In the 1980s, the emergence and the following widespread use of crack cocaine led to a drop in prices and the increase in the accessibility of the drug (Drug Enforcement Administration, n.d.). As a result, the DEA had to expand to address the described issue promptly. Furthermore, the emergence of drug mafia aggravated the problem, making it more difficult for DEA to address drug peddling (Drug Enforcement Administration, n.d.). In 1995, the Mobile Enforcement Teams (MET) was introduced to assist DEA in performing its functions since, on the local level, the law enforcement resources were quite scarce (Drug Enforcement Administration, n.d.).
Law, Rules, and Regulations
The responsibility that the DEA and pharmaceutical organizations share relates to the regulations that cover the supply and demand of various drugs. This was one of the main reasons for the deployment of the Controlled Substances Act (CSA) that was intended to outline the distribution, dispense, and manufacturing of drug provisions that could be utilized or altered for illicit purposes (Tayabali et al., 2018). One of the essential government bodies responsible for the CSA and its implementation was the National Association of Boards of Pharmacy that reinforced the role of medical personnel and advocated for efficient collaboration between every crucial stakeholder. With all the personal information of the patient (or an intended receiver of medical services and drugs), the DEA gets a chance to analyze schedules and monitor drug expiry dates (Jones et al., 2016). This step aids the agency in avoiding any mistakes in professional judgment and ensuring that shared responsibilities are fulfilled. The DEA is constantly connected to pharmacists across the country in order to gain access to the latest updates and follow relevant regulations.
Synthetic Drugs
Synthetic drugs represent a series of illicit substances that are produced in a laboratory, either commercially, for medical purposes, or illegally, in concealed workshops. This is a worldwide issue that has gained a lot of traction across the US due to the incredible strength of synthetic drugs and their difference from natural counterparts (Kemp et al., 2016). Even though the majority of synthetic illicit substances come from overseas, the US Customs and Border Protection agency suggests that internal development is also thriving (Yin, 2019). One of the first servings of synthetic drugs was shipped in 2008, when a sizable drug haul of ‘spice’ was identified in Dayton, OH. The threat that synthetic drugs pose to human health cannot be replicated by most natural illicit substances. This ultimately shows that the government should exert additional efforts to control and limit the circumvention of drugs and protect civilians from the deriving effects (Kemp et al., 2016). The Food and Drug Administration (FDA) was involved in the process as well, creating opportunities for the DEA in terms of regulatory oversight and timely reports on drug abuse and production.
A Case on Synthetic Drugs: United States v. Requena, 980 F.3d 30
Issue
In Los Angeles, CA, two males – Andrew Raymond and Brian Requena were sentenced to 25 and 20 years of prison, respectively. The case relates to conspiracy and further intended distribution of synthetic drugs followed by money laundering (Mulvey, 2018). Since their efforts were nationwide, the Special Agent in charge and the US Attorney were involved together with the DEA and the Internal Revenue Service-Criminal Investigation office.
Facts about the Case
The evidence stated that Raymond and Requena produced and distributed ‘spice’ in order to take over New York and populate it with “head shops” where synthetic cannabinoids would be available to anyone (Mulvey, 2018). The federal drug laws were evaded by the prosecuted individuals, but a search warrant on the criminals’ warehouse allowed the DEA to restore the supply chain and prevent it from further expansion. Raymond and Requena’s weekly profits were approximately $100,000, which also allowed them to maintain a relatively large pool of employees required to manufacture, sell, and ship the majority of the ‘product.’
Decision
After considering the evidence and the arguments both from the prosecutor and the defense, the jury affirmed the conviction of the defendants. Specifically, the possession and production of illegal substances was justifiably deemed as a punishable offence.
Controlled Substances
History
Creation of the CSA
The Controlled Substances Act as a part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 was introduced in 1971 into teh U.S. justice sytem (Peterson, 2015). The ultimate decision to deploy the CSA was based on the idea that the government should prepare a team consisting of groups of experts from a variety of fields who would function together to prevent drug abuse and also battle the increasing number of drug traffickers (Peterson, 2015).
The Controlled Substances Act (CSA)
Challenges posed by controlled substances.
The core reason why controlled substances became monitored by the government was the rising level of federal offenses linked to drugs. It ultimately pushed the Nixon administration to deploy a policy project that was turned into the first prototype of the CSA in 1969 (Peterson, 2015). College and high-school students became the primary targets of the new wave of drug trafficking, endangering the future of the whole nation. Ultimately, controlled and decontrolled substances were included in the Act to help the government schedule its activities and pick the most efficient tactics depending on public interests, available agencies, drug manufacturer aspirations, and pharmacy association verdicts.
Regulating Pharmacies Regarding Controlled Substances
Furthermore, the introduction of the CSA allowed increasing control over pharmacies in regard to the purchase and selling of controlled substances. Thus, the threat of illegal transactions could be minimized.
A Case on Controlled Substances: MORA v. US, 94-CR-00729 (CPS)
Issue
A resident of California, David Mora, was sentenced to 10 years imprisonment for the distribution of substances that contained heroin.
Facts
In 1995, David Moora established what he would later refer to as the Mora brothers’ crack distribution gang. He also possessed and distributed more than one kilogram of a mixture that included fentanyl (US Department of Justice, 2021).
Decision
Even though no specific fines were imposed on Mora, he was ordered to pay an assessment fee of $100 upon release and then serve five more years of supervised release. The court records showed that Mora was a trafficker looking to expand his reach and sell illegal narcotics in other areas, including New Orleans, Louisiana (US Department of Justice, 2021). The offender was captured by an undercover agent who had successfully tracked down the delivery completed by Mora that contained fentanyl (1400 grams) and heroin (959 grams).
A Case on Opioid Abuse: U.S. v. Figueroa, CR No. 08-042-ML
Issue
Hector Figueroa from Providence was accused of the trafficking of opioid addiction medicine (specifically, Cocaine and Suboxone) (US Department of Justice, 2017).
Facts
The search of Figueroa’s residence allowed the police to discover an additional $17,000 in cash, drug packaging equipment, and 300 grams of cocaine (US Department of Justice, 2017). As soon as the postal inspectors investigated the video surveillance evidence, the law enforcement agency in association with the DEA was able to validate Figueroa’s association with the packages containing drugs.
Decision
Figueroa was sentenced to 45 months in prison after an attempted acquisition of opioid addition medications, possession of cocaine (300 grams), and purchase of 50 doses of Suboxone. According to the US Department of Justice (2017), additional three years of the federal supervised sentence were advised by the US District Court Judge W. Smith. The criminal pleaded guilty after the law enforcement officers executed a search warrant and identified a suspicious package that contained 50 Suboxone strips.
Federal vs. State Enforcement
Federal DEA Enforcement
The federal elements of the DEA enforcement are quite similar because the majority of primary responsibilities in both cases coincide for the respective agents. For instance, the DEA enforcement requires the federal and state staff to prepare the prosecution of violators of all the respective laws and reach out to the international level if necessary (Yin, 2019). Also, the DEA is in the full right to prevent violence perpetration across American communities since intimidation is one of the core strategies utilized by drug criminals.
State DEA Enforcement
Similarly, the state enforcement is focused on data collection and further dissemination of drug intelligence among responsible agencies in an attempt to prevent the further spread of smuggling activities (Jones et al., 2016). All kinds of assets are tracked down by the DEA in order to fulfill the provisions of the CSA and highlight the most efficient strategies intended to facilitate investigations and remove limitations associated with jurisdictions. Both federal and state enforcement measures are usually deployed in a manner that would allow for international cooperation and the eradication of large trafficking supply chains.
Drug Arrests and Prosecution
The process of arrest and prosecution is not rather challenging when it comes to the DEA because there are numerous legislations and governmental bodies that cope with the required investigation and substance tracking. The determination of the DEA officials allows them to consider numerous alternatives quickly and see how their actions could prevent other wrongdoers from engaging in more drug trafficking (Kemp et al., 2016). This is why extra research and development resources are invested in laboratory analysis and forensic chemistry capabilities, allowing drug experts to predict market trends, supply chain disruptions, and numerous other factors that could speed up the arrest of a drug criminal. The prosecution, on the other hand, depends on the chemical structure of the substance and the schedule of controlled substances (Peterson, 2015). Accordingly, the existence of separate analyses for every case involving drugs allows the DEA to paint a bigger picture and only address the most devastating problems first. The threshold for the issues related to drugs is established on the basis of prior wrongdoings in the area.
International Enforcement
One of the main reasons why the DEA was extended outside the US was the origin of synthetic drugs that forced the government to contact other countries and ensure that mutually beneficial drug trafficking laws were enforced. Accordingly, the rate of back and forth travels had to be monitored, allowing the DEA to track suspicious activities and point out the most evident illicit behaviors (Tayabali et al., 2018). With the international drug trade being heavily regulated from all sides, the US had to address that issue with the help of partnering with the European Union and other countries across the globe. The most vivid section that requires additional attention from the international DEA enforcement is the supply of cocaine and opium (Jones et al., 2016). The existing anti-drug laws prove that the DEA has reached a rather high level of protection that can be seen forcing quite a few smaller smugglers to cease their operations. The DEA tends to reach outside the US to send certain drug criminals back to the country and overcome the unwanted benefits of territorial sovereignty that can be achieved with certain nation-states.
Conclusion
Summary
The creation of the Drug Enforcement Administration in 1973 was an important step for the United States that altered the country’s approach to tracking drugs and their use among citizens. Knowing that the rates of abuse were alarming, the government has done everything it could to limit the spread of illicit substances and apprehend the most aggressive drug offenders. As one of the largest and the most successful anti-drug bodies in the world, the DEA remains a crucial force in the discussion on the topics of controlling drug trafficking and international drug capture. The cases reviewed within the framework of the current paper prove that the DEA was deployed at the right time and the right place since it paved the way for quite a few legal acts that mediated substance use and drug prescription. The majority of established partnerships create room for the DEA to resort to the deployment of large educational programs and aid the government in sharing responsibilities with pharmaceutic agents as well.
References
Drug Enforcement Administration. (n.d.). What we do. DEA. Web.
Drug Enforcement Administration. (n.d.). Our history. Web.
Jones, C. M., Lurie, P. G., & Throckmorton, D. C. (2016). Effect of US Drug Enforcement Administration’s rescheduling of hydrocodone combination analgesic products on opioid analgesic prescribing.JAMA Internal Medicine, 176(3), 399-402. Web.
Kemp, A. M., Clark, M. S., Dobbs, T., Galli, R., Sherman, J., & Cox, R. (2016). Top 10 facts you need to know about synthetic cannabinoids: Not so nice spice. The American Journal of Medicine, 129(3), 240-244. Web.
Mulvey, E. (2018). Los Angeles men sentenced to 20 & 25 years in prison for running nationwide synthetic drug trafficking ring. DEA. Web.
Peterson, D. M. (2015). New DEA rules expand options for controlled substance disposal.Journal of Pain & Palliative Care Pharmacotherapy, 29(1), 22-26. Web.
Tayabali, K., Bolzon, C., Foster, P., Patel, J., & Kalim, M. O. (2018). Kratom: A dangerous player in the opioid crisis.Journal of Community Hospital Internal Medicine Perspectives, 8(3), 107-110. Web.
US Department of Justice. (2017). Providence man sentenced for trafficking opioid addiction medication suboxone and cocaine. Justice.gov. Web.
US Department of Justice. (2021). California man sentenced for violating the federal Controlled Substances Act. Justice.gov. Web.
Yin, S. (2019). Adolescents and drug abuse: 21st century synthetic substances.Clinical Pediatric Emergency Medicine, 20(1), 17-24. Web.