A History of Opiate Laws in the United States, Part I
So I figured we could do with a little history lesson, so for the next few posts I’m going to talk about the different laws that changed the landscape of opiate addiction treatment. First, a timeline for reference. Here’s what the United States has been doing legally concerning drugs and regulation over the past 100+ years:
- Pre-1890: Local city or state laws and regulations only. Opium was the first target in 1875, made illegal in opium dens in San Francisco. In 1890, the federal government taxed morphine and opium. And laws just got tighter and tighter from there.
- 1906: Pure Food and Drug Act - Here’s where we started regulating quality and prescription drugs were apart of that.
- 1909: Smoking Opium Exclusion Act – Clearly, no more opium for anyone except in the form of opium-based prescriptions. Big landmark: this was the first law that banned the nonmedical use of a substance.
- 1914: The Harrison Act - Hmm. An incongruency: even though it was illegal to use opium, those who were involved in any way with selling it had to register with the government and pay taxes on their sales.
- 1919: Not a law so much as a ratification: the Supreme Court upheld a decision that doctors could no longer prescribe needles or other paraphernalia to opiate addicts. And thus the need for needle exchange was born.
- 1922: Narcotic Drug Import and Export Act – All narcotics are now regulated… or at least their sale and production, possession and consumption.
- 1924: Heroin Act – Heroin joins opium on the illegality list.
- 1927: Bureau of Prohibition – This organization was started to stop drug trafficking through bootleggers and organized crime as they cross state laws, becoming too much for local law enforcement to handle.
- 1932: Uniform State Narcotic Act – The feds get state lawmakers to create laws equivalent to the federal Narcotic Drug Import and Export Act.
- 1938: Food, Drug, and Cosmetic Act – Lots of regulation concerning prescription drugs, including the requirement of proof that a drug works for a particular ailment before it can be marketed as a treatment.
- 1951: Boggs Act – Criminal penalties and mandatory minimum prison sentences for importing and exporting drugs established.
- 1956: Narcotics Control Act – Mandatory minimum prison sentences for other existing drug laws.
- 1965: Drug Abuse Control Amendment – With psychoactive drugs comes the requirement of approval of all drug research by the FDA.
- 1970: Controlled Substance Act - This law is a big one and regulates both the manufacture and distribution of everything from narcotics to prescription drugs to psychoactive drugs to the chemicals used to make drugs. The five-schedule system is created based on medicinal value of the substance, its potential for abuse and addiction, and how harmful it can be if abused. Schedule I drugs are the worst with no medicinal value to speak of and a high danger factor (i.e., heroin). Each level is decreasingly less dangerous, with Schedule V covering the least dangerous drugs of all.
Too. Many. Laws.
Must. Take. Break.
Check out a History of Opiate Laws in the United States, Part II in a couple days!



