Effective Drug Control: Toward A New Legal Framework

function of the body of man or other animals; and (D) articles intended for use as
a component of any article specified in clause (A), (B), or (C). 379
The Act authorizes the Secretary of Health and Human Services to promulgate
regulations 380 and conduct examinations and investigations, 381 and establishes the Food
and Drug Administration (FDA) within the Department of Health and Human Services. 382
The Secretary is authorized to cooperate with “associations and scientific societies” in the
revision of the U.S. Pharmacopoeia necessary to carry out the work of the Food and Drug
Administration. 383
Federal Agencies
The Office of National Drug Control Policy (ONDCP) 384 and the Drug
Enforcement Administration (DEA) 385 are both authorized under Title 21 of the U.S.
Code. The ONDCP, part of the Executive Office of the President, was established by the
Anti-Drug Abuse Act of 1988. The purpose of the agency is to establish policies,
priorities and objectives for drug control in the nation. Its stated goals are “to reduce
illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and
drug-related health consequences.” The agency releases an annual National Drug Control
Strategy that establishes a program, budget and guidelines for anti-drug efforts at the
national, state and local levels. 386
The DEA is an arm of the U.S. Department of Justice. Its mission is:
to enforce the controlled substances laws and regulations of the United States
and bring to the criminal and civil justice system of the United States, or any
other competent jurisdiction, those organizations and principal members of
organizations, involved in the growing, manufacture, or distribution of
controlled substances appearing in or destined for illicit traffic in the United
States; and to recommend and support non-enforcement programs aimed at
reducing the availability of illicit controlled substances on the domestic and
international markets. 387
Alcohol Exemption under the 21 st Amendment
The 21 st Amendment to the U.S. Constitution repealed the 18 th Amendment, a
national prohibition on the sale of alcohol. Section 2 of the 21 st Amendment has been
interpreted to give the individual states the right to make their own laws governing the
manufacture, distribution and sale of alcohol within their borders. 388 The federal
government does regulate the importation and interstate transportation of intoxicating
liquors under the Federal Alcohol Administration Act of 1935, and it has the sole power
to regulate liquor sales in the District of Columbia, on government owned military
reservations and on tribal reservations. 389
A pending decision from the U.S. Supreme Court in 2005 could redefine the reach
of federal commerce power against the 21 st Amendment, with internet-based winemakers
seeking direct shipments nationwide arguing that the states’ regulation of alcohol is an
impediment to interstate commerce. 390