DEA - Criticism

Criticism

The DEA has been criticized for placing highly restrictive schedules on a few drugs which researchers in the fields of pharmacology and medicine regard as having medical uses. Critics assert that some such decisions are motivated primarily by political factors stemming from the U.S. government's War on Drugs, and that many benefits of such substances remain unrecognized due to the difficulty of conducting scientific research. A counterpoint to that criticism is that under the Controlled Substances Act it is the Department of Health and Human Services (through the Food and Drug Administration and the National Institute on Drug Abuse), not the DEA, which has the legal responsibility to make scientific and medical determinations with respect to drug scheduling; no drug can be scheduled if the Secretary of Health and Human Services recommends against it on a scientific or medical basis, and no drug can be placed in the most restrictive schedule (Schedule I) if DHHS finds that the drug has an accepted medical use. Jon Gettman's essay Science and the End of Marijuana Prohibition describes the DEA as "a fall guy to deflect responsibility from the key decision-makers" and opines, "HHS calls the shots when it comes to marijuana prohibition, and the cops at DEA and the general over at ONDCP take the heat."

The DEA is also criticized for focusing on the operations from which it can seize the most money, namely the organized cross-border trafficking of marijuana. Some individuals contemplating the nature of the DEA's charter advise that, based on danger, the DEA should be most focused on cocaine. Others suggest that, based on opiate popularity, the DEA should focus much more on prescription opiates used recreationally, which critics contend comes first before users switch to heroin. Some scheduled substances are extremely rare, with no clear reason behind the scheduling of 4-Methyl-aminorex or bufotenine.

Practitioners who legally prescribe medicine however must possess a valid DEA license. According to federal law the budget of the entire DEA is to be paid by these license fees. In 1984 a three year license cost $25. In 2009 the fee for a three year license was $551. Some have likened this approach to license fees unreasonable, "like making pilot licenses support the entire FAA budget."

The total cost of the DEA from 1972 to 2009 according to the agency website was $536,367,800,000.00 with 10,784 employees in 2009. For the data available for the years 1986 to 2009, the average cost per arrest made was $9,893.09.

Others, such as the Cato Institute and the Drug Policy Alliance criticize the very existence of the DEA and the War on Drugs as both hostile, and contrary, to the concept of civil liberties by arguing that anybody should be free to put any substance they choose into their own bodies for any reason, particularly when legal drugs such as alcohol, tobacco and prescription drugs are also open to abuse, and that any harm caused by a drug user or addict to the general public is a case of conflicting civil rights. Recurrently, billions of dollars are spent yearly, focusing largely on criminal law and demand reduction campaigns, which has resulted in the imprisonments of thousands of U.S. citizens. Demand for recreational drugs is somewhat static as the market for most illegal drugs has been saturated, forcing the cartels to expand their market to Europe and other areas than the United States. United States federal law registers cannabis as a Schedule I drug, yet it is common for illicit drugs such as cannabis to be widely available in most urban, suburban, and even rural areas in the United States, which leads drug legalization proponents to claim that drug laws have little effect on those who choose not to obey them, and that the resources spent enforcing drug laws are wasted. As it relates to the DEA specifically, the vast majority of individual arrests stemming from illegal drug possession and distribution are narrow and more local in scope and are made by local law enforcement officers, while the DEA tends to focus on larger, interstate and international distribution networks and the higher ranking members of such organizations in addition to operating in conjunction with other local, state, and federal law enforcement agencies along U.S. borders.

Some groups advocate legalization of certain controlled substances under the premise that doing so may reduce the volume of illicit trafficking and associated crime as well as yield a valuable tax source, although some of the results of drug legalization have raised doubt about some of these beliefs. For example, marijuana is now available as a palliative agent, in Canada, with a medical prescription. Yet 86% of Canadians with HIV/AIDS, eligible for a prescription, continue to obtain marijuana illegally (AIDS Care. 2007 Apr;19(4):500-6.) However, this could be due to the availability or quality of illegal cannabis compared to provisions by government sources. Bureaucratic impediments may also discourage patients from actually attempting to receive it from the government.

An April 2012 DEA raid on a California home led to the incarceration of Daniel Chong for several days under conditions of neglect. The 23 year-old student attending the University of California, San Diego was taken into custody along with eight other people when the DEA executed a raid on a suspected MDMA distribution operation at a residence that he was visiting to celebrate the April 20 cannabis "holiday" known as "420". According to Chong, the DEA agents questioned him and told him that he could go home, one even offering him a ride home, but instead he was transferred to a holding cell and confined for five days without any food or water, although Chong said he ingested a powdery substance that was left for him, which was later found to be methamphetamine. After five days and two failed suicide attempts, DEA agents found Chong and took him to the hospital, where he spent three days in intensive care since his kidneys were close to failing. No criminal charges were filed against Chong. A DEA spokesperson stated that the extended detention was accidental and the acting special agent in charge of the San Diego DEA office issued an apology to Chong. Chong disputes the claim of accidental neglect, saying that DEA personnel ignored his calls for help. His attorney stated an intent to file a claim against the federal government and some members of California's delegation to the Congress called for further investigation of the incident.