Controlled substances in Oregon
Encyclopedia
The U.S. state
of Oregon
has various policies restricting the production, sale, and use of different substances
. In 2006, Oregon's per capita drug use
exceeded the national average. The most used substances were marijuana
, methamphetamine
and illicit painkillers
and stimulant
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Oregonians consume an average amount of beer
and distilled spirits
, and an above average amount of wine
. As of 2007, the consumption of spirits is on the rise, while beer consumption is holding steady. Also, 11% of beer sold in Oregon was brewed in-state, the highest figure in the United States.
Oregon was the first place in the United States to prohibit alcohol
, prior to becoming a U.S. state in the mid-19th century. That law was quickly repealed, but Oregon again preceded the rest of the country in outlawing alcohol, passing a law several years before federal prohibition was enacted with the Eighteenth Amendment to the United States Constitution
. Following the repeal of prohibition in 1933, Oregon acted swiftly to regulate alcohol, establishing the Oregon Liquor Control Commission
(OLCC) within days of the repeal. The OLCC continues to regulate alcohol in the state today.
In 1973, Oregon became the first U.S. state to decriminalize
the possession
of small amounts of cannabis, and in 1998 the state legalized its use for medical purposes
. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997. In June 2010, Oregon became the first state in the country to reclassify marijuana from a Schedule I drug to a Schedule II drug when the Oregon Board of Pharmacy voted for reclassification.
(4-methylenedioxymethamphetamine), GHB
(gamma-hydroxybutyrate), ketamine
, and LSD (lysergic acid diethylamide) are available in varying quantities and are generally used at social venues in more populated areas and on college campuses. Club drugs enter Oregon from a variety of sources: MDMA from Canada
, ketamine from Mexico
, and GHB and LSD from California
. Laboratory seizures indicate some local GHB and LSD production. GHB is also obtained from Internet sources. PCP
and Psilocybin mushrooms are generally available in and around cities with a college student population.
is available throughout Oregon, and crack cocaine
is available in some urban areas. Mexican traffickers
dominate wholesale distribution, transporting the drug from Mexico, California, and other southwestern states
. Retail quantities are primarily sold by Mexican drug trafficking organizations, street gangs, prison gangs, and local independent dealers. In 2007, 63.7 pounds of cocaine were seized by federal authorities, up from 36.4 pounds in 2006.
According to police, in 2008, heroin became more plentiful in Oregon in response to a crackdown on methamphetamine. In 2007, 115 heroin overdoses resulted in death, up 29% from 2006. In 2008, 100 deaths are projected. The number of deaths is far below the highs of the late 1990s. Most deaths are a result of the user misgauging their tolerance. Heroin is especially lethal because it depresses
the central nervous system
, unlike cocaine and meth which are stimulants.
In Oregon, black tar heroin
comes from Mexico up the Interstate 5
corridor. In 2007, 19 pounds of heroin were seized by federal authorities, more than double the amount in 2006.
Since its arrival in the early 1980s, the use of methamphetamine in Oregon has become a serious public health
problem. Abuse of the methamphetamine (commonly known as "crystal meth" or simply "meth") has spread across the state and the rest of the United States. The issue has been a focus of media organizations in the state, and has been a focus of several political campaigns, including that of Attorney General
-elect John Kroger
in 2008, and ballot measures such as Measures 57
and 61
in the same year.
In 2005, Governor Ted Kulongoski
signed legislation that made Oregon the first state to require prescriptions for cold medicines containing pseudoephedrine
, one of the key ingredients used to make methamphetamine. The state had previously required buyers to show ID and sign a log when buying cold medicine like Sudafed
and Claritin D
. The intent of the law was to reduce the number of home methamphetamine laboratories
. Oregon's monthly home drug lab seizures dropped from 41 to nine after the restrictions were put in place, but the drug is still available, coming from Mexican labs and from other states. Meth-related deaths decreased for the first time since 2001, when 2007 deaths declined 21% from 2006 deaths.
In 2007, 33 pounds of meth were seized by federal authorities, down from 101.6 pounds in 2006.
s is the fastest growing category of drug abuse. Treatment admissions for illicit prescription drugs increased 332% from 1998 to 2008, surpassing cocaine admissions in 2005. In the United States, the primary methods of diversion of legitimate pharmaceuticals is illegal dispensing and prescribing by physician
s, illegal distribution by pharmacist
s, prescription forgery, doctor shopping, and drug thefts from pharmacies, nursing homes, and hospitals. Pharmacy burglaries are prevalent throughout the state and Diversion Investigators are also encountering pharmaceuticals that have been purchased via the Internet without a doctor's prescription. The use and sale of oxycodone
(OxyContin, Percocet, Percodan), hydrocodone
(Vicodin
, Lortab), and anabolic steroid
s are of concern to the Drug Enforcement Administration
. Also, as of January 2008, methadone
use has increased dramatically in the state.
-related illness and death" by reducing exposure to secondhand smoke
, countering pro-tobacco influences, helping users to quit
, and eliminating health disparities. The current tax on a pack of cigarettes is $1.18, and the wholesale tax on other tobacco products is 65%. House Bill 2122 would raise the cigarette tax by $0.60, and the wholesale tax to 95%.
Smoking in bars and similar businesses is prohibited in Oregon as of a law that took effect January 2009 (SB 571 of the 2007 legislature.) In the late first decade of the 21st century, the tobacco lobby has heavily funded the Oregon Republican Party
's legislative caucuses.
, mescaline
, and psilocybin
are Schedule
I drugs, and with the exception of marijuana their manufacture or distribution is a class A felony
carrying a maximum of 20 years in prison
. Opium
, cocaine, marijuana, and methamphetamine are Schedule II drugs, whose manufacturing or distribution is a class B felony, and can carry a sentence up to 10 years. Dealing more than one ounce of marijuana is also a Class B felony, with sentences up to 10 years. Amphetamine, depressants, and PCP are Schedule III drugs, and various prescription drugs are a Schedule II. The sale and distribution of Schedule III and IV drugs carry lighter penalties than the ones associated with Schedule I and II.
The penalties for sale of a controlled substance varies between states. In Oregon, a person convicted three times of selling 3.3 pounds of meth would face a maximum of four years in prison. By comparison, the potential penalty would be 13 years in prison in California, 21 years in federal court
, and up to life
in Texas
. Former Oregon lawmaker Kevin Mannix
wants to increase these penalties, saying the state "invites" criminal drug activity "by being passive." Mannix put a citizen's initiative on the November 2008 ballot, Measure 61. The measure was defeated, while a less expensive measure referred by the legislature
, Measure 57, passed. Mannix's opponents argued that increased mandatory minimum sentences
remove judicial discretion
and send small-time dealers into expensive prisons instead of drug treatment.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
has various policies restricting the production, sale, and use of different substances
Controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
. In 2006, Oregon's per capita drug use
Recreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
exceeded the national average. The most used substances were marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
, methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
and illicit painkillers
Analgesic
An analgesic is any member of the group of drugs used to relieve pain . The word analgesic derives from Greek an- and algos ....
and stimulant
Stimulant
Stimulants are psychoactive drugs which induce temporary improvements in either mental or physical function or both. Examples of these kinds of effects may include enhanced alertness, wakefulness, and locomotion, among others...
s.
Alcohol
Beer
Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...
and distilled spirits
Distilled beverage
A distilled beverage, liquor, or spirit is an alcoholic beverage containing ethanol that is produced by distilling ethanol produced by means of fermenting grain, fruit, or vegetables...
, and an above average amount of wine
Wine
Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...
. As of 2007, the consumption of spirits is on the rise, while beer consumption is holding steady. Also, 11% of beer sold in Oregon was brewed in-state, the highest figure in the United States.
Oregon was the first place in the United States to prohibit alcohol
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
, prior to becoming a U.S. state in the mid-19th century. That law was quickly repealed, but Oregon again preceded the rest of the country in outlawing alcohol, passing a law several years before federal prohibition was enacted with the Eighteenth Amendment to the United States Constitution
Eighteenth Amendment to the United States Constitution
The Eighteenth Amendment of the United States Constitution established Prohibition in the United States. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition...
. Following the repeal of prohibition in 1933, Oregon acted swiftly to regulate alcohol, establishing the Oregon Liquor Control Commission
Oregon Liquor Control Commission
The Oregon Liquor Control Commission is a government agency of the U.S. state of Oregon. The OLCC was created by an act of the Oregon Legislative Assembly in 1933, days after the repeal of prohibition, as a means of providing control over the distribution, sales and consumption of alcoholic...
(OLCC) within days of the repeal. The OLCC continues to regulate alcohol in the state today.
Cannabis
From 1999 through 2005, the ratio of Oregonians using cannabis outpaced the general United States population by 32–45%, with between 6.53% (2000) and 8.96% (2002) of the population using it. In 2003–2004, Oregon ranked among the top five states for cannabis usage of people 12 and older. Oregon is also one of the largest cannabis producing states, ranking fourth in indoor production, and 10th overall in 2006.In 1973, Oregon became the first U.S. state to decriminalize
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
the possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
of small amounts of cannabis, and in 1998 the state legalized its use for medical purposes
Medical cannabis
Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997. In June 2010, Oregon became the first state in the country to reclassify marijuana from a Schedule I drug to a Schedule II drug when the Oregon Board of Pharmacy voted for reclassification.
Club drugs
In Oregon, MDMAMethylenedioxymethamphetamine
MDMA is an entactogenic drug of the phenethylamine and amphetamine class of drugs. In popular culture, MDMA has become widely known as "ecstasy" , usually referring to its street pill form, although this term may also include the presence of possible adulterants...
(4-methylenedioxymethamphetamine), GHB
Gamma-Hydroxybutyric acid
γ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
(gamma-hydroxybutyrate), ketamine
Ketamine
Ketamine is a drug used in human and veterinary medicine. Its hydrochloride salt is sold as Ketanest, Ketaset, and Ketalar. Pharmacologically, ketamine is classified as an NMDA receptor antagonist...
, and LSD (lysergic acid diethylamide) are available in varying quantities and are generally used at social venues in more populated areas and on college campuses. Club drugs enter Oregon from a variety of sources: MDMA from Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, ketamine from Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, and GHB and LSD from California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. Laboratory seizures indicate some local GHB and LSD production. GHB is also obtained from Internet sources. PCP
Phencyclidine
Phencyclidine , commonly initialized as PCP and known colloquially as angel dust, is a recreational dissociative drug...
and Psilocybin mushrooms are generally available in and around cities with a college student population.
Cocaine
CocaineCocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
is available throughout Oregon, and crack cocaine
Crack cocaine
Crack cocaine is the freebase form of cocaine that can be smoked. It may also be termed rock, hard, iron, cavvy, base, or just crack; it is the most addictive form of cocaine. Crack rocks offer a short but intense high to smokers...
is available in some urban areas. Mexican traffickers
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
dominate wholesale distribution, transporting the drug from Mexico, California, and other southwestern states
Southwestern United States
The Southwestern United States is a region defined in different ways by different sources. Broad definitions include nearly a quarter of the United States, including Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas and Utah...
. Retail quantities are primarily sold by Mexican drug trafficking organizations, street gangs, prison gangs, and local independent dealers. In 2007, 63.7 pounds of cocaine were seized by federal authorities, up from 36.4 pounds in 2006.
Heroin
In the 1990s, potent and inexpensive heroin became widely available in Portland; heroin use in Multnomah County rose 600% during that decade.According to police, in 2008, heroin became more plentiful in Oregon in response to a crackdown on methamphetamine. In 2007, 115 heroin overdoses resulted in death, up 29% from 2006. In 2008, 100 deaths are projected. The number of deaths is far below the highs of the late 1990s. Most deaths are a result of the user misgauging their tolerance. Heroin is especially lethal because it depresses
Depressant
A depressant, or central depressant, is a drug or endogenous compound that depresses the function or activity of a specific part of the brain...
the central nervous system
Central nervous system
The central nervous system is the part of the nervous system that integrates the information that it receives from, and coordinates the activity of, all parts of the bodies of bilaterian animals—that is, all multicellular animals except sponges and radially symmetric animals such as jellyfish...
, unlike cocaine and meth which are stimulants.
In Oregon, black tar heroin
Black tar heroin
Black tar heroin is a type of illicit opiate narcotic drug formed from the incomplete acetylation of morphine. It is also called brown.Black tar can contain a variable percentage of heroin, but despite the name, what makes Black Tar specific as a type is not actually its heroin content, but rather...
comes from Mexico up the Interstate 5
Interstate 5
Interstate 5 is the main Interstate Highway on the West Coast of the United States, running largely parallel to the Pacific Ocean coastline from Canada to Mexico . It serves some of the largest cities on the U.S...
corridor. In 2007, 19 pounds of heroin were seized by federal authorities, more than double the amount in 2006.
Methamphetamine
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
problem. Abuse of the methamphetamine (commonly known as "crystal meth" or simply "meth") has spread across the state and the rest of the United States. The issue has been a focus of media organizations in the state, and has been a focus of several political campaigns, including that of Attorney General
Oregon Attorney General
The Oregon Attorney General is a statutory office within the executive branch of the state of Oregon, and serves as the chief legal officer of the state, heading its Department of Justice with its six operating divisions. The Attorney General is chosen by statewide partisan election to serve a term...
-elect John Kroger
John Kroger
John Richard Kroger is the Attorney General for the state of Oregon. Prior to being elected in 2008, he had earlier served in the Marine Corps, was an Assistant United States Attorney in New York, and most recently was a law professor at Lewis & Clark Law School in Portland.In October 2011,...
in 2008, and ballot measures such as Measures 57
Oregon Ballot Measure 57 (2008)
Oregon Ballot Measure 57 or Senate Bill 1087 was a legislatively-referred state statute that increased term of imprisonment for persons convicted of specified drug and property crimes under certain circumstances...
and 61
Oregon Ballot Measure 61 (2008)
Oregon Ballot Measure 61 was an initiated state statute ballot measure that enacted law to create mandatory minimum prison sentences for certain theft, identity theft, forgery, drug, and burglary crimes....
in the same year.
In 2005, Governor Ted Kulongoski
Ted Kulongoski
Theodore R. "Ted" Kulongoski is an American politician, who served as the 36th Governor of Oregon. A Democrat, he has served in both houses of the Oregon Legislative Assembly, as the state Insurance Commissioner, the Attorney General, and an Associate Justice on the Oregon Supreme Court.-Early...
signed legislation that made Oregon the first state to require prescriptions for cold medicines containing pseudoephedrine
Pseudoephedrine
Pseudoephedrine is a sympathomimetic drug of the phenethylamine and amphetamine chemical classes. It is used as a nasal/sinus decongestant and stimulant, or as a wakefulness-promoting agent....
, one of the key ingredients used to make methamphetamine. The state had previously required buyers to show ID and sign a log when buying cold medicine like Sudafed
Sudafed
Sudafed is a brand name and registered trademark for over the counter decongestants manufactured by McNeil Laboratories for sale in Australia, New Zealand, Canada, Ireland, the United Kingdom, and the United States...
and Claritin D
Loratadine
Loratadine is a second-generation H1 histamine antagonist drug used to treat allergies. Structurally, it is closely related to tricyclic antidepressants such as imipramine, and distantly related to the atypical antipsychotic quetiapine. It is marketed by Schering-Plough under several trade names...
. The intent of the law was to reduce the number of home methamphetamine laboratories
Clandestine chemistry
Clandestine chemistry is chemistry carried out in secret, and particularly in illegal drug laboratories. Larger labs are usually run by gangs or organized crime intending to produce for distribution on the black market...
. Oregon's monthly home drug lab seizures dropped from 41 to nine after the restrictions were put in place, but the drug is still available, coming from Mexican labs and from other states. Meth-related deaths decreased for the first time since 2001, when 2007 deaths declined 21% from 2006 deaths.
In 2007, 33 pounds of meth were seized by federal authorities, down from 101.6 pounds in 2006.
Prescription drugs
Illicit use of prescription drugPrescription drug
A prescription medication is a licensed medicine that is regulated by legislation to require a medical prescription before it can be obtained. The term is used to distinguish it from over-the-counter drugs which can be obtained without a prescription...
s is the fastest growing category of drug abuse. Treatment admissions for illicit prescription drugs increased 332% from 1998 to 2008, surpassing cocaine admissions in 2005. In the United States, the primary methods of diversion of legitimate pharmaceuticals is illegal dispensing and prescribing by physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s, illegal distribution by pharmacist
Pharmacist
Pharmacists are allied health professionals who practice in pharmacy, the field of health sciences focusing on safe and effective medication use...
s, prescription forgery, doctor shopping, and drug thefts from pharmacies, nursing homes, and hospitals. Pharmacy burglaries are prevalent throughout the state and Diversion Investigators are also encountering pharmaceuticals that have been purchased via the Internet without a doctor's prescription. The use and sale of oxycodone
Oxycodone
Oxycodone is an opioid analgesic medication synthesized from opium-derived thebaine. It was developed in 1916 in Germany, as one of several new semi-synthetic opioids in an attempt to improve on the existing opioids: morphine, diacetylmorphine , and codeine.Oxycodone oral medications are generally...
(OxyContin, Percocet, Percodan), hydrocodone
Hydrocodone
Hydrocodone or dihydrocodeinone is a semi-synthetic opioid derived from either of two naturally occurring opiates: codeine and thebaine. It is an orally active narcotic analgesic and antitussive...
(Vicodin
Vicodin
Hydrocodone/paracetamol is a combination of two analgesic products hydrocodone and paracetamol used to relieve moderate to severe pain...
, Lortab), and anabolic steroid
Anabolic steroid
Anabolic steroids, technically known as anabolic-androgen steroids or colloquially simply as "steroids", are drugs that mimic the effects of testosterone and dihydrotestosterone in the body. They increase protein synthesis within cells, which results in the buildup of cellular tissue ,...
s are of concern to the Drug Enforcement Administration
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
. Also, as of January 2008, methadone
Methadone
Methadone is a synthetic opioid, used medically as an analgesic and a maintenance anti-addictive for use in patients with opioid dependency. It was developed in Germany in 1937...
use has increased dramatically in the state.
Tobacco
Oregon's Tobacco Prevention and Education Program (TPEP) was launched in 1997 to "reduce tobaccoTobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
-related illness and death" by reducing exposure to secondhand smoke
Passive smoking
Passive smoking is the inhalation of smoke, called secondhand smoke or environmental tobacco smoke , from tobacco products used by others. It occurs when tobacco smoke permeates any environment, causing its inhalation by people within that environment. Exposure to secondhand tobacco smoke causes...
, countering pro-tobacco influences, helping users to quit
Smoking cessation
Smoking cessation is the process of discontinuing the practice of inhaling a smoked substance. This article focuses exclusively on cessation of tobacco smoking; however, the methods described may apply to cessation of smoking other substances that can be difficult to stop using due to the...
, and eliminating health disparities. The current tax on a pack of cigarettes is $1.18, and the wholesale tax on other tobacco products is 65%. House Bill 2122 would raise the cigarette tax by $0.60, and the wholesale tax to 95%.
Smoking in bars and similar businesses is prohibited in Oregon as of a law that took effect January 2009 (SB 571 of the 2007 legislature.) In the late first decade of the 21st century, the tobacco lobby has heavily funded the Oregon Republican Party
Oregon Republican Party
The Oregon Republican Party is the state affiliate of the United States Republican Party in Oregon, headquartered in Lake Oswego. The first state party convention was held in Salem on April 21, 1859, and its first nominee for Congress, Portland attorney David Logan...
's legislative caucuses.
Usage
In 2008, academic researchers began studying waste water at various Oregon sewage plants, to evaluate the drug use of various communities. Their research is pioneering the field in the United States, though similar studies have been done in Europe. Every one of the samples, taken from 96 plants, contained methamphetamine; Cocaine was present in 80% of the samples, MDMA in 40%. the research is ongoing, and will evaluate some of the plants—along with plants in Washington—over time.Penalties
Heroin, LSD, peyotePeyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
, mescaline
Mescaline
Mescaline or 3,4,5-trimethoxyphenethylamine is a naturally occurring psychedelic alkaloid of the phenethylamine class used mainly as an entheogen....
, and psilocybin
Psilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
are Schedule
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
I drugs, and with the exception of marijuana their manufacture or distribution is a class A felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
carrying a maximum of 20 years in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
. Opium
Opium
Opium is the dried latex obtained from the opium poppy . Opium contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce heroin for the illegal drug trade. The latex also includes codeine and non-narcotic alkaloids such as papaverine, thebaine and noscapine...
, cocaine, marijuana, and methamphetamine are Schedule II drugs, whose manufacturing or distribution is a class B felony, and can carry a sentence up to 10 years. Dealing more than one ounce of marijuana is also a Class B felony, with sentences up to 10 years. Amphetamine, depressants, and PCP are Schedule III drugs, and various prescription drugs are a Schedule II. The sale and distribution of Schedule III and IV drugs carry lighter penalties than the ones associated with Schedule I and II.
The penalties for sale of a controlled substance varies between states. In Oregon, a person convicted three times of selling 3.3 pounds of meth would face a maximum of four years in prison. By comparison, the potential penalty would be 13 years in prison in California, 21 years in federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, and up to life
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. Former Oregon lawmaker Kevin Mannix
Kevin Mannix
Kevin Leese Mannix is a politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.Mannix has served in both houses of the Oregon Legislative Assembly, as a Democrat and, later, a Republican...
wants to increase these penalties, saying the state "invites" criminal drug activity "by being passive." Mannix put a citizen's initiative on the November 2008 ballot, Measure 61. The measure was defeated, while a less expensive measure referred by the legislature
Legislative referral
A Legislative referral is a form of referendum in which a legislature puts proposed legislation up for popular vote , rather than through the initiative or referendum process...
, Measure 57, passed. Mannix's opponents argued that increased mandatory minimum sentences
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
remove judicial discretion
Judicial discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence...
and send small-time dealers into expensive prisons instead of drug treatment.