Regulation of Opiates

Abstract

This paper examines the creation of a social problem from behavior previously viewed as within the province of individual preference to the reconceptualization of that behavior as necessitating legal proscription. From a commodity sold in the competitive market, opiates became defined as a social problem ostensibly requiring the most extreme criminal sanctions. While interest groups played a decisive role in the creation of opiate legislation, the actions of such groups can be explicated only through reference to the social context, namely, a social structure characterized by an increasingly regulated international and national economy, the rationalization of bureaucratic agencies, and the expansion of formal, rational legal procedures. The analysis provides new insight into the unintended consequences of drug regulation.

The Making of American Drug Policy

“…Drug abuse is not a recent phenomenon. From the discovery of morphine in 1803 and its commercial manufacture in Germany as early as 1827 (Lauderdale & Inverarity, 1984), morphine addiction became an increasing problem in Europe and America. The invention of the hypodermic needle in 1853 (Woods, 1993), combined with extensive morphine treatment of Civil War casualties, led to increasing morphine addiction within the United States during the late 1800s.…”

“…The invention of the hypodermic needle in 1853 (Woods, 1993), combined with extensive morphine treatment of Civil War casualties, led to increasing morphine addiction within the United States during the late 1800s. An answer to morphine and opium addiction was thought to have been created in 1898 when the Bayer Company synthesized heroin, and marketed the new drug to the public (Courtwright, 1982, Lauderdale & Inverarity, 1984. Before physicians discovered heroin's addictive properties, it had replaced morphine as the narcotic addict's drug of choice.…”

“…Between 1859 and 1904, sales from patent medicines increased from $3.5 million to $75 million. Approximately 28,000 brands were sold freely in drug stores and through the mails (Lauderdale & Inverarity, 1984).…”

“…Between 1900 and 1915, Americans consumed ten times as much opium per capita than the largest consuming country in Europe (Lauderdale & Inverarity, 1984). America's opium problem stemmed from two sources: excessive importation of crude opium from Turkey for manufacture into opium, and the importation of smoking opium from the Far East, principally from Portuguese Macao, to supply Chinese and other habitual opium smokers.…”

“…There is an argument that early drug legislation followed a rational path. Lauderdale and Inverarity (1984) focused on the regulation of opiates and the passage of the Harrison Act in attempting to determine why drug laws are created, and why regulation of individual behavior occurs. They argue that drug regulation can be fully explained only through reference to the social context, namely, a structure of society characterized by increasingly regulated international and national economies, the rationalization of bureaucratic agencies, and the expansion of formal, legal-rational procedures.…”