Federal Enforcement of the Controlled Substances Act: Striking a Balance Between Enforcement and the Regulation of Medical Practice

Abstract

In the Controlled Substances Act of 1970, Congress made the conscious decision to vest the regulation and control of drugs in two executive branch departments. The Attorney General, through the DEA, is responsible for law enforcement. The Department of Health and Human Services, through the FDA, is responsible for the regulation of all commercially available drugs. This paper presents a brief historical overview of the shared regulatory authority over drugs by examining the Controlled Substances Act and federal treatment of controlled substances since 1970. The paper discusses the events surrounding the creation of the current structure of regulation, the workings of the structure and the criticisms of it, with a focus on the decision by Congress to divide authority. This paper does not endorse specific proposals for change, but rather seeks to inform the discussion on the current regulation of drugs and other controlled substances.