Not-Breaking Bad: Drug safety Laws

Written By: Valeria Koktysh Edited By: Palina Maskevich

Substance abuse is a serious issue in the United States, and understanding drug safety is important for everyone, especially teenagers. It's crucial to know about the safety protocols in place and the legality of certain substances. Common products like vapes, cannabis, and tobacco are strictly regulated in America. Despite these regulations, overdose cases continue to rise, increasing from under 20,000 in 1999 to over 100,000 in 2022.

Unlicensed Sale of Drugs

Let's start with a common drug: marijuana. Across the U.S., states have different laws regarding the sale and possession of marijuana. For example, while some states like Colorado and California have legalized recreational marijuana and have many licensed dispensaries, other states have stricter regulations. However, unlicensed shops still exist, selling illegal or potentially dangerous products. These stores could sell fake or laced products, posing a serious threat to teens seeking dispensaries that don't check IDs.

Drug Dealing and Possession

Having controlled drugs can have severe consequences, and keeping them with the intent to sell can lead to even harsher penalties. Sentences for drug possession vary by state. For instance, in New York, possessing a controlled substance can result in a fine of $1,000 or a year in prison. Stronger drugs or larger amounts can lead to 3-10 years in prison with fines up to $100,000. Marijuana laws are generally less strict, allowing individuals of age to legally possess up to 28 grams in some states, while other narcotics might only be legal up to 8 grams.

**Scenario: Imagine you’re caught with a small amount of marijuana in California, where it’s legal for recreational use for those over 21. If you’re underage, you could face fines or be required to attend drug education classes. However, if you were caught with a similar amount in Texas, where recreational use is still illegal, you could face stricter penalties, including fines and potential jail time.

If Found Guilty

If you're arrested for suspected possession of drugs, you have the right to remain silent. Anything you say can be used against you in court. If found guilty, the severity of your punishment will depend on the level of the crime. Lower-level crimes, like misdemeanors for having a controlled substance, might result in a fine or counseling. Higher-level crimes could lead to rehabilitation along with jail time, though rehab programs often lack funding. Penalties can range from a misdemeanor to a class felony.

**Scenario: Suppose you’re caught selling prescription pills at school. Even if it’s a first offense, the school’s zero-tolerance policy means you could be expelled. Legally, you might face charges that could result in probation, fines, or even time in a juvenile detention center.

Addiction and Getting Help

Drug addiction can destroy lives. Besides harming your body, addiction can lead to job loss, loss of licenses, and a destructive cycle of continued use. If you or someone you know is struggling with drugs, call or text 988 or another hotline for help. Support is available.

Important Laws and Programs

Here are some important laws and programs that address drug safety and are relevant for teenagers:

1. Controlled Substances Act (CSA)

- Regulates the manufacture, importation, possession, use, and distribution of certain substances.

- Classifies drugs into five schedules based on their potential for abuse and medical use.

- Possession, use, or distribution of controlled substances without a prescription is illegal.

2. Good Samaritan Overdose Laws

- Provides legal protection for individuals who seek emergency help during a drug overdose.

- Encourages calling 911 during an overdose without fear of legal repercussions.

3. Drug-Free Schools and Communities Act

- Aims to prevent drug use among students.

- Requires schools to implement drug prevention programs and enforces a zero-tolerance policy for drug possession and use on school grounds.

4. Synthetic Drug Abuse Prevention Act

- Bans synthetic compounds commonly found in synthetic marijuana (spice) and bath salts.

- Makes the production, distribution, and possession of these substances illegal.

5. Family Smoking Prevention and Tobacco Control Act

- Grants the FDA authority to regulate the manufacture, distribution, and marketing of tobacco products.

- Restricts the sale and marketing of tobacco products to minors and enforces age verification for purchasing tobacco products.

6. Prescription Drug Monitoring Programs (PDMPs)

- State-run programs that track the prescribing and dispensing of controlled prescription drugs.

- Aims to reduce prescription drug abuse and doctor shopping.

7. Above the Influence

- A national campaign aimed at helping teens stay above the influence of drugs and alcohol.

- Provides resources and education to help teens resist peer pressure and promotes healthy, drug-free lifestyles.

8. National Youth Anti-Drug Media Campaign (ONDCP)

- Aims to reduce and prevent youth drug use through media campaigns.

- Uses advertisements and social media to educate teens about the risks of drug use and encourages positive behavior and decision-making.

9. Alcohol and Drug Prevention Programs in Schools

- Various programs implemented at the school level to educate and prevent drug use among students.

- Includes educational sessions, counseling, and extracurricular activities to promote awareness and prevention strategies.

10. Narcan Access Laws

- Laws that increase access to naloxone (Narcan), a medication that can reverse opioid overdoses.

- Allows pharmacies to dispense naloxone without a prescription, important for responding to opioid overdoses.

Addiction Resources

If you or someone you know is struggling with drug addiction, here are some resources for help:

- National Helpline: Call or text 988

- Substance Abuse and Mental Health Services Administration (SAMHSA) National Helpline: 1-800-662-HELP (4357)

- National Institute on Drug Abuse (NIDA): [nida.nih.gov](https://nida.nih.gov)

Sources

- [NY Senate Legislation - PBH A33](https://www.nysenate.gov/legislation/laws/PBH/A33)

- [CDC WONDER](https://wonder.cdc.gov)

- [NIDA Trends & Statistics](https://nida.nih.gov/research-topics/trends-statistics/overdose-death-rates)

- [Connecticut General Assembly Report on Drug Penalties](https://www.cga.ct.gov/2015/rpt/2015-R-0304.htm#:~:text=Penalties%20for%20drug%20crimes%20in,period%20of%20post%2Drelease%20supervision)

- [Recovery First - Legal Consequences of Drug Addiction](https://recoveryfirst.org/blog/treatment/the-legal-consequences-of-drug-addiction)

- [New York Drug Possession FAQs](https://criminaldefense.1800nynylaw.com/amp/new-york-drug-possession-frequently-asked-questions.html)

- [NY Senate Legislation - PEN 220.21](https://www.nysenate.gov/legislation/laws/PEN/220.21)