DEA Celebrates 50-Year Anniversary While Failing To Win The Drug War

The Drug Enforcement Administration (DEA) celebrated its 50th anniversary this week—marking a half century of enforcing criminalization laws that have failed to fulfill the mission to eradicate drugs at the same time that nearly half of the country has legalized marijuana and psychedelics reform is also booming.

Since its founding on July 1, 1973 through an executive order issued by President Richard Nixon, DEA’s budget has swelled and its workforce has expanded—but illicit drugs remain widely accessible across the U.S., with waves of new, even deadlier substances continually emerging under prohibition while others like cannabis have been increasingly legalized at the state level.

“Over the past 50 years, DEA has worked to keep American communities safe and healthy by preventing criminal drug networks and drug-related violence and deaths,” the agency, which replaced the former Bureau of Narcotics and Dangerous Drugs five decades ago, said in a press release about its anniversary.

Today is DEA's 50th anniversary! DEA was established on July 1, 1973 by President Nixon. As we honor the past & serve the future, we continue a long tradition of anticipating & battling deadly drug threats & meeting the moment to protect Americans. #DEA50https://t.co/0dHtQL69F7pic.twitter.com/Acma0fo61F

— DEA HQ (@DEAHQ) July 1, 2023

Yet while the agency continues to make thousands of arrests every year, while destroying controlled substances and seizing assets along the way, the anniversary also serves as a reminder that the war on drugs has been one of the costliest and least successful campaigns to be waged by the federal government. Indeed, more than 100,000 Americans died from drug overdoses in 2021 alone—a record high.

And when it comes to drug trafficking, even major disruptions to international enterprises haven’t stymied the flow of the substances. The trends for each drug have simply fluctuated, as the U.S. Sentencing Commission (USSC) shows. From 2018 to 2022, the percent of heroin trafficking cases declined by 37.4 percent—but the percent of fentanyl cases skyrocketed 435.4 percent, for example.

Meanwhile, reform advocates have made massive strides in combating the drug warrior narrative and affecting change at the local and state levels, with 23 states now having legalized marijuana for adult use and two having ended prohibition on certain psychedelics.

Federal reform has lagged, comparatively, but DEA itself has now found itself in a position where it will have to reconcile the science on cannabis and reach a decision about whether to remove it from Schedule I of the Controlled Substances Act (CSA) under a directive issued by President Joe Biden last year.

DEA hasn’t been entirely obstinate amid the paradigm shift in public opinion and policy. It’s routinely increased production quotas for marijuana and psychedelics for research purposes as interest within the scientific community expands. And it also ended a long-standing monopoly on cannabis cultivation for research by approving additional manufacturers.

#DYK#DEA is turning 50! Stay tuned for fun facts about who we are and what we do to keep our communities safe and healthy. #DEA50https://t.co/0dHtQL69F7pic.twitter.com/KuGdw64AxO

— DEA HQ (@DEAHQ) June 30, 2023

Meanwhile, the agency also lost legal control over hemp containing up to 0.3 percent THC following the passage of the 2018 Farm Bill, and it is now working to finalize rules on synthetic cannabinoids like delta-8 THC. DEA has also faced numerous lawsuits over everything from psilocybin scheduling to the way it processes Freedom of Information Act (FOIA) requests.

As Reason reported this week, DEA’s own museum is rife with subtle acknowledgements that the agency has failed to win the drug war. Last year, the museum even publicly recognized the fact that racially discriminatory drug laws are partly responsible for the agency’s own founding.

Many congressional lawmakers have sharply criticized the criminalization model for drugs—especially marijuana. Some Democrats have also introduced legislation to federally decriminalize all currently illici substances and shift to a public health-centered approach to addiction.

But in the interim, there’s no sign that Congress will do away with DEA anytime soon despite its critical—and increasingly widely acknowledged—shortcomings. The question is whether it will work to be a partner in science-based efforts to modernize federal drug policy or continue the 50-year-long game of prohibitionist Whac-A-Mole.

Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

U.S. Military Reiterates That CBD Is Off Limits To Service Members

The Department of Defense (DOD) is reaffirming that CBD is off limits to service members, regardless of the federal legalization of hemp and its derivatives.

In separate posts published this month, the U.S. Air Force and Military Health System said that while CBD products have become abundant since the passage of the 2018 Farm Bill and can be found on store shelves throughout the country, military policies remain unchanged such that enlisted individuals cannot partake.

The @DeptofDefense has a zero tolerance policy for the illegal or improper use of drugs by service members, which includes CBD oil.

There are a very limited number of human studies, and researchers are unsure of how CBD interacts with other medications.https://t.co/mGzGYMXZ5c

— Military Health System (@MilitaryHealth) January 23, 2020

Part of the rationale is that cannabidiol is still unregulated by the Food and Drug Administration (FDA), which is in the process of developing rules for the compound. Until then, there’s a risk that CBD products may be unlabeled and, in certain cases, contain concentrations of THC that could show up in a drug test, which would be a “career-ender,” Col. Stacey Zdanavage said in a notice.

“Hemp products, including CBD oil, are becoming one of the latest hypes. I can’t check out at a convenience store without seeing a display next to the cash register,” Zdanavage said. “Members need to continue to be cognizant of the product ingredients they ingest.”

Maj. Paul Luongo said Air Force members are “subject to severe disciplinary action” if they test positive for THC, and that includes “the possibility of being reduced in rank after receiving non-judicial punishment or involuntary separation from the Air Force.”

#DYK that CBD is off limits if you are a servicemember or federal employee?

Check those ingredient lists & steer clear of #CBD! https://t.co/KsecedM9qq

— Air Force Office of Special Investigations (AFOSI) (@RealAFOSI) January 24, 2020

“Airmen are responsible for what they put in their bodies, and trusting a faulty label or using CBD for certain health benefits may not overcome the presumption of wrongful use if discovered during a lawful search,” he said.

Erin Karschner, Armed Forces Medical Examiner System forensic toxicologist, said another area of concern is potential drug interactions with CBD and whether “adverse effects may occur after using CBD, particularly when CBD products are used for long periods of time.”

The DOD and Air Force previously issued a notices stipulating that members are prohibited from using even hemp-derived CBD, but they’re far from the only federal bodies that have taken such steps since the compound was legalized.

Last year, NASA warned that CBD products could contain unauthorized THC concentrations that could cost employees their jobs if they fail a drug test. The Navy reminded their ranks that they’re barred from using CBD no matter its legality. The Coast Guard said last year that sailors can’t use marijuana or visit state-legal dispensaries.

It wasn’t initially clear if the federal updates on cannabis policy for workers were being coordinated. But it was later reported that the Substance Abuse and Mental Health Services Administration (SAMHSA) issued guidance to federal agency drug program coordinators last year that outlined concerns about THC turning up in CBD products, which seems to have prompted the various departments to clarify their rules.

It’s not clear what prompted the new military warnings issued this month, but the message is clear: Service members who use CBD are taking a big risk.

“Bottom line, even if legal on the state level, and even if the label of the CBD product states there is no THC content, CBD use remains prohibited for military members,” Air Force Capt. Marcus Walker said. “Current Air Force policy prohibits all marijuana derivatives, including hemp. If they use it, they risk a positive result for THC on a drug test, and as a result, they could ultimately face administrative or criminal action.”

NFL Says ‘Hype’ Over CBD Isn’t Backed By Science

Photo by Kimzy Nanney.

Surgeon General Issues Anti-Marijuana Warning Funded By Trump Salary Donation

The U.S. Surgeon General issued an advisory on Thursday that warns about the risks of using marijuana, particularly for pregnant women and adolescents. But it also contains misleading statements about the cannabis legalization movement.

The advisory, the publication of which will be partially funded by a $100,000 donation out of President Donald Trump’s salary, states that no amount of cannabis is safe and emphasizes that THC potency of marijuana products has increased, which Surgeon General Jerome Adams claimed puts consumers at risk of “physical dependence, addiction, and other negative consequences.”

LIVE: Join @SecAzar and @Surgeon_General Jerome Adams for a press conference on a Surgeon General Advisory. https://t.co/2FeaeIMcGV

— HHS.gov (@HHSGov) August 29, 2019

“There is a false perception that marijuana is not as harmful as other drugs,” Adams said in a press release. “I want to be very clear—no amount of marijuana use during pregnancy or adolescence is known to be safe.”

“I, Surgeon General VADM Jerome Adams, am emphasizing the importance of protecting our Nation from the health risks of marijuana use in adolescence and during pregnancy. Recent increases in access to marijuana and in its potency, along with misperceptions of safety of marijuana endanger our most precious resource, our nation’s youth.”

#DYK marijuana is THE most commonly used illicit drug among pregnant women? pic.twitter.com/1W8sNszIz8

— U.S. Surgeon General (@Surgeon_General) August 29, 2019

While the notice doesn’t explicitly say that states should not legalize marijuana, it contends that the movement to end prohibition and the “normalization of its use” has caused youth to perceive the drug as less harmful.

“In addition, high school students’ perception of the harm from regular marijuana use has been steadily declining over the last decade,” it states. “During this same period, a number of states have legalized adult use of marijuana for medicinal or recreational purposes, while it remains legal under federal law. The legalization movement may be impacting youth perception of harm from marijuana.”

Missing from the report, however, is an acknowledgment that the federal government’s own data shows that despite shifting attitudes about cannabis, adolescent marijuana consumption has actually declined in the years since states began legalizing for recreational use.

“Marijuana’s increasingly widespread availability in multiple and highly potent forms, coupled with a false and dangerous perception of safety among youth, merits a nationwide call to action,” the advisory states.

“Today’s advisory serves as an important reminder of the health risks marijuana use poses, especially when it comes to young people and pregnant women,” White House Office of National Drug Control Policy Director Jim Carroll said. “While laws in some states have changed, the scientific evidence increasingly shows the harmful effects of marijuana use.”

“We are focused on making sure all Americans are aware of the dangers of marijuana use and the impact it has on developing minds,” he said. “The White House continues to make record investments to support community coalitions across the country that are dedicated to preventing youth substance use before it begins.”

U.S. Department of Health and Human Services (HHS) Secretary Alex Azar said cannabis is “a dangerous drug, especially for young people and pregnant women.”

There is NO approved safe use of marijuana. @Surgeon_General has issued an advisory on the damaging effects on the developing brain in youth and pregnant women. https://t.co/Dy1Drn2OxW

— ADM Brett P. Giroir (@HHS_ASH) August 29, 2019

“This historic Surgeon General’s advisory is focused on the risks marijuana poses for these populations, which have been well-established by scientific evidence,” he said. “As indicated by President Trump’s generous donation of his salary to support this advisory, the Trump Administration is committed to fighting substance abuse of all kinds, and that means continuing research, education, and prevention efforts around the risks of marijuana use.”

Today's @Surgeon_General Advisory has a clear message: No amount of #marijuana use during pregnancy or adolescence is known to be safe. @POTUS’s salary donation will fund a campaign to educate the public about marijuana's dangers for the developing brain: https://t.co/xSmQo9jcgrpic.twitter.com/c8kphrtp9k

— Secretary Alex Azar (@SecAzar) August 29, 2019

Adams and Azar discussed the advisory during a press conference on Thursday, where the HHS head also said marijuana is “linked to risk for and early onset of psychotic disorders, such as schizophrenia.”

Thank you @SecAzar, I am proud to stand with you to sound a national alarm about the harmful effects of #marijuana use on the developing brain with my new Surgeon General’s Advisory. #MJBrainEffectspic.twitter.com/x2G36sAMoX

— U.S. Surgeon General (@Surgeon_General) August 29, 2019

Even while expressing concern about the potential harms of marijuana, Azar emphasized that the administration supports expanding research into the plant’s effects—something that the Justice Department is also encouraging by announcing this week that it is taking steps to approve additional cannabis manufacturers for research purposes.

“We want to make sure that research can be conducted effectively, and we know there are significant barriers to the conduct of research,” Azar said. “We want to open that up for much more research, and that is a priority of this administration.”

To be sure, many reform advocates share concerns about potential risks associated with marijuana use by young people and vulnerable populations. That’s why states that have adopted legalization models expressly prohibiting people under 21 from purchasing cannabis and certain legal states like California require labels to warn adults about consuming while pregnant or breastfeeding.

Legalization supporters point out that if marijuana weren’t prohibited at the federal level, the Surgeon General could hypothetically mandate that cannabis product packaging contain warnings similar to those required for tobacco products.

“Almost no activity is entirely without risk, which is exactly why marijuana should be legalized and regulated for adult use,” Erik Altieri, executive director of NORML, told Marijuana Moment. “While marijuana still remains objectively less harmful to the consumer than currently legal alcohol, tobacco and many pharmaceuticals, it should still be consumed responsibly.”

“Our current model of prohibition represents the utter lack of control over any aspect of marijuana or the marijuana market,” he said. “If he truly has concerns, the surgeon general’s time would be better spent advocating for a structure for regulation under which we can educate Americans about the actual harms and benefits of cannabis through public education campaigns and product labelling, instead of his current fear-mongering.”

David Nathan, a physician and board president of the pro-legalization group Doctors for Cannabis Regulation (DFCR), told Marijuana Moment that “DFCR physicians share Dr. Adams’ concern about the potential risks of cannabis use by adolescents and pregnant women” but that the group wishes he “shared our concern for the poverty that results from the economic impact of 600,000 cannabis possession arrests every year, as poverty is by far the greatest obstacle to health care access in the United States.”

“Cannabis is less harmful than many legal drugs and is non-lethal in overdose, yet millions of lives have been destroyed by its prohibition, especially in communities of color,” Nathan said. “The vilification of cannabis by the US government isn’t based in science. It is rooted in a misguided morality around adults who choose to use the drug.”

“To prevent access by minors, and to ensure proper labeling about the lack of data around use in pregnancy, the cannabis industry should be regulated rather than prohibited. We must stop using a sledgehammer to kill a weed and enact policies that optimize public health and social justice.”

Former Surgeon General Joycelyn Elders, who sits on DFCR’s honorary board, shares that perspective. Elders supports legalization and said in 2017 that the “unjust prohibition of marijuana has done more damage to public health than has marijuana itself.”

The advisory calls for “[s]cience-based messaging campaigns and targeted prevention programming” in order to “ensure that risks are clearly communicated and amplified by local, state, and national organizations.”

“Further research is needed to understand all the impacts of THC on the developing brain, but we know enough now to warrant concern and action,” the notice states, again without acknowledging the role federal prohibition has played in inhibiting such research. “Everyone has a role in protecting our young people from the risks of marijuana.”

Prohibitionist group Smart Approaches to Marijuana, whose president teased the surgeon general’s announcement in a tweet earlier this week, said in a press release that they “look forward to working with HHS and other federal government officials to help raise awareness to the harmful health impacts of marijuana commercialization and use.”

This story has been updated to include comments from Doctors for Cannabis Regulation.

Federal Data Shows Youth Marijuana Use Isn’t Increasing Under Legalization

Photo courtesy of Twitter/Surgeon General.