| 词条 | Anti-Drug Abuse Act of 1988 |
| 释义 |
| shorttitle = Anti-Drug Abuse Act of 1988 | othershorttitles = {{unbulleted list|Alcoholic Beverage Labeling | longtitle = An Act to prevent the manufacturing, distribution, and use of illegal drugs, and for other purposes. | colloquialacronym = ADAA, ADTSA | nickname = Alcohol and Drug Traffic Safety Act of 1988 | enacted by = 100th | effective date = November 18, 1988 | public law url = http://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102-Pg4181.pdf | cite public law = 100-690 | cite statutes at large = {{usstat|102|4181}} | acts amended = Anti-Drug Abuse Act of 1986 Administrative Procedure Act Freedom of Information Act | acts repealed = | title amended = 5 U.S.C.: Government Organization and Employees 21 U.S.C.: Food and Drugs | sections created = {{Usc-title-chap|21|20|I}} § 1501 et seq. | sections amended = {{unbulleted list|{{usc-title-chap|5|5|I}} § 500 et seq.[1]|{{usc-title-chap|5|5|II}} § 552|{{Usc-title-chap|21|13|I}} § 801 et seq.|{{Usc-title-chap|21|13|I}} § 841 et seq.|{{Usc-title-chap|21|13|II}} § 951 et seq.}} | leghisturl = http://thomas.loc.gov/cgi-bin/bdquery/z?d100:HR05210:@@@R | introducedin = House | introducedbill = {{USBill|100|H.R.|5210}} | introducedby = Thomas Foley (D–WA) | introduceddate = August 11, 1988 | committees = House Banking, Finance, and Urban Affairs, House Education and Labor, House Foreign Affairs, House Government Operations, House Energy and Commerce, House Interior and Insular Affairs, House Judiciary, House Merchant Marine and Fisheries, House Public Works and Transportation, House Ways and Means | passedbody1 = House | passeddate1 = September 22, 1988 | passedvote1 = 375-30 | passedbody2 = Senate | passedas2 = | passeddate2 = October 14, 1988 | passedvote2 = 87-3, in lieu of {{USBill|100|S.|2852}} | conferencedate = | passedbody3 = | passeddate3 = | passedvote3 = | agreedbody3 = House | agreeddate3 = October 22, 1988 | agreedvote3 = 346-11 | agreedbody4 = Senate | agreeddate4 = October 22, 1988 | agreedvote4 = Voice | passedbody4 = | passeddate4 = | passedvote4 = | signedpresident = Ronald Reagan | signeddate = November 18, 1988 | amendments = | SCOTUS cases = }} The Anti-Drug Abuse Act of 1988 ({{USStatute|100|690|102|4181|1988|11|18}}, {{USBill|100|HR|5210}}) is a major law of the so-called "War on Drugs" passed by the U.S. Congress which did two significant things:
The change from the Act of 1986 to the Act of 1988 concerns the mandatory minimum penalties to drug trafficking conspiracies and attempts that previously were applicable only to substantive completed drug trafficking offenses. The Act amended 21 U.S.C. 844 to make crack cocaine the only drug with a mandatory minimum penalty for a first offense of simple possession. The Act made possession of more than five grams of a mixture or substance containing cocaine base punishable by at least five years in prison. The five year minimum penalty also applies to possession of more than three grams of cocaine base if the defendant has a prior conviction for crack cocaine possession, and to possession of more than one gram of crack if the defendant has two or more prior crack possession convictions.[3] The Anti-Drug Abuse Act of 1988 also offers several other amendments to the Act of 1986. First, the organization and coordination of Federal drug control efforts. Next, the reduction of drug demand through increased treatment and prevention efforts. Also, the reduction of illicit drug trafficking and production abroad. Lastly, sanctions designed to place added pressure on the drug user. The ADAA projected budget for these amendments was $6.5 billion for the 1989 fiscal year”.[4] The result of the Anti-Drug Abuse Act of 1988 was not foreseen. “After spending billions of dollars on law enforcement, doubling the number of arrests and incarcerations, and building prisons at a record pace, the system has failed to decrease the level of drug-related crime. Placing people in jail at increasing rates has had little long-term effect on the levels of crime”.[5] The H.R. 5210 legislation was passed by the 100th U.S. Congressional session and enacted into law by the 40th President of the United States Ronald Reagan on November 18, 1988.[6] The media campaign mentioned in the act later became the National Youth Anti-Drug Media Campaign. See also
References1. ^Hall, D: Administrative Law Bureaucracy in a Democracy 4th Ed., page 2. Pearson, 2009. 2. ^{{cite web |url=http://www.whitehouse.gov/ondcp/authorization-language |title=Authorizing Legislation |website=Authorizations Language |publisher=U.S. Office of National Drug Control Policy}} 3. ^http://www.ussc.gov/report-cocaine-and-federal-sentencing-policy-2 4. ^https://www.ncjrs.gov/App/publications/abstract.aspx?ID=143053 5. ^{{cite web|url=http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf |title=Archived copy |accessdate=2015-04-27 |deadurl=yes |archiveurl=https://web.archive.org/web/20150217035034/http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf |archivedate=2015-02-17 }} 6. ^{{cite web |url=http://www.presidency.ucsb.edu/ws/?pid=35182 |title=Ronald Reagan: "Remarks on Signing the Anti-Drug Abuse Act of 1988 ," November 18, 1988 |author1=Peters, Gerhard |author2=Woolley, John T |work=The American Presidency Project |publisher=University of California - Santa Barbara}} 6 : 1988 in law|100th United States Congress|Health law in the United States|Health policy in the United States|United States federal controlled substances legislation|United States statutes that abrogate Supreme Court decisions |
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