Introduction
Cases of drug abuse have been on the rise around the world. Many researchers point towards the breakdown of social support as the main increasing trend. Statistics indicate that the increase in the cases of drug abuse in the US has inevitably resulted in increased cases of drug-related crime. This paper seeks to identify and compare the current federal drug statutes; Minnesota State statute that governs controlled substances; statistics on drug convictions at the federal level and Minnesota.
Current Federal drug statutes
The federal laws on drug abuse and prevention are captured in chapter 13 of the federal statutes (US code House, 2010). Part A of the chapter introduces the provisions as established and declared by congress and the various amendments that have been made. Part B of the chapter stipulates the criteria for classifying the controlled substances, their standards, and schedules. This section stipulates the roles of the attorney general in the classification and scheduling of substances that have the potential to be abused. Thus the drugs are placed in different schedules (I to v) depending on the type and effects they produce.
It also provides for the legally acceptable quantity of the drug that can be used for special treatments. In part C, the laws on manufacturing, distribution and dispensation of controlled substances are outlined. The rules and regulations regarding the manufacture, distribution and dispensation of the controlled substances are promulgated by the attorney general at a reasonable fee (US code House, 2010).
There are different rules and regulations for drugs belonging to different schedules. All practitioners are registered and given identification numbers and those who violet the terms of service have their licenses revoked and legal action taken against them. In part D of the statutes the different types of offenses and the penalties they attract are categorized. The offenses range from illegal manufacturing, distribution, dispensation and use of controlled substances. Penalties are imposed depending on the quantity, the type of substance and the bodily harm caused if any (US code House, 2010).
Minnesota drug statutes
The laws that govern the use of controlled substances (drug paraphernalia) are captured in section 9.06 of chapter 9 of the Minnesota statutes (Office of Revisor of Statutes, 2009). Subdivision 1 of the section reveals the date when the uniform controlled substance act was incorporated in the statutes. Subdivision 2 is about “possession, manufacture, delivery and advertisement of the prohibited substances” (Office of Revisor of Statutes, 2009, par. 2).
This subdivision sets of by defining drug paraphernalia, “all equipment, products, and materials which are used, intended for use, or designed for use in planting, growing, harvesting, manufacturing, testing, packaging, storing, concealing and introducing into the human body controlled substance in violation of Minnesota statute” (Office of Revisor of Statutes, 2009, par. 5). The subdivision also provides the process of establishing if a certain object can be regarded as drug paraphernalia. These include “statements by the owner, prior convictions, the proximity of the object to controlled substances, existence of any residue of the controlled substance, any instructions regarding the use of the object, national and local advertising among other factors” (Office of Revisor of Statutes, 2009, par. 6).
Subdivision B also provides for the prohibitions on the handling and use of drug paraphernalia. Under this section, the handling of paraphernalia with the intention of using it in any way qualifies one to be termed a petty misdemeanor. If a person is indulging in the manufacture and delivery of paraphernalia then he/she is a misdemeanor. If one delivers “drug paraphernalia to a minor is guilty of a gross misdemeanor” (Office of Revisor of Statutes, 2009, par. 7). And finally, any person who is involved in advertisement activities concerning drug paraphernalia is a misdemeanor.
Please note that the Minnesota controlled substance statutes are only meant to complement the federal statutes which are uniformly applied across the United States. Thus the Minnesota controlled substances statutes only touch on the drug paraphernalia part that is not captured in the federal statutes.
Available comparative statistics on Drug abuse amongst convicts and addiction treatment between Minnesota state and National figures (2009)
Figure 1: National.
Figure 2: Minnesota.
The data above indicates that the percentage (56%) of alcohol abusers in Minnesota is higher than the national percentage which stands at 40%. In both sets of data alcohol can be seen as the highest abused in relation to the other substances and accounts for close to 50% of all substance abuse cases (National Drug and Inteligence Center, 2010). Both national and Minnesota cases of marijuana abuse stand at 18%.
Marijuana is the second most abused drug both in Minnesota and nationally. Cases of heroin abuse are significantly low in Minnesota as compared to the national figures. Heroin is the third widely abused substance nationally but the least abused in Minnesota. Prescription painkiller abuses cases stand at 6% for both national and Minnesota figures. The national cases of cocaine abuse stand at 8% and are comparatively higher compared to those of Minnesota at 5%. Methamphetamine national and Minnesota cases stand at 7% and 6% respectively (National Drug and Inteligence Center, 2010).
Conclusion
This paper sought to identify and compare the current federal drug statutes; Minnesota State statute that governs controlled substances; statistics on drug convictions at the federal level and Minnesota. It has been revealed that the national controlled substance statute is uniform in all the states and thus the Minnesota statute has only complemented it. The trends in drug abuse and subsequent convictions have also been identified for both national and Minnesota states.
References
National Drug and Inteligence Center. (2010). National Drug Threat Assessment. New York: U.S Department of Justice.
Office of Revisor of Statutes. (2009). Minnesota Statutes. Web.
US code House. (2010). Drug Abuse Prevention and Control. Web.