[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Pages 6164-6166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3334]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 /
Notices
[[Page 6164]]
EXECUTIVE OFFICE OF THE PRESIDENT
Office of National Drug Control Policy
Administration Response to Arizona Proposition 200 and California
Proposition 215
AGENCY: Office of National Drug Control Policy, Executive Office of the
President.
ACTION: Notice.
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SUMMARY: This notice lists the Federal government response to the
recent passage of propositions which make dangerous drugs more
available in California and Arizona. These measures pose a threat to
the National Drug Control Strategy goal of reducing drug abuse in the
United States. At the direction of the President, the Office of
National Drug Control Policy (ONDCP) developed a coordinated
administration strategy to respond to the actions in Arizona and
California with the other agencies of the Federal Government to
minimize the tragedy of drug abuse in America.
FOR FURTHER INFORMATION CONTACT: Comments and questions regarding this
notice should be directed to Mr. Dan Schecter, Office of Demand
Reduction, ONDCP, Executive Office of the President, 750 17th Street
N.W., Washington, D.C. 20503, (202) 395-6733.
SUPPLEMENTARY INFORMATION: A Federal interagency working group chaired
by ONDCP met four times in November and December. In developing this
strategy, the inter-agency group gave due consideration to two key
principles: federal authority vis a vis that of the states, and the
requirement to ensure American citizens are provided safe and effective
medicine. The President has approved this strategy, and Federal drug
control agencies will undertake the following coordinated courses of
action:
A. Objective 1--Maintain Effective Enforcement Efforts Within the
Framework Created by the Federal Controlled Substances Act and the
Food, Drug, and Cosmetic Act
Department of Justice's (DOJ) position is that a practitioner's
action of recommending or prescribing Schedule I controlled substances
is not consistent with the ``public interest'' (as that phrase is used
in the federal Controlled Substances Act) and will lead to
administrative action by the Drug Enforcement Administration (DEA) to
revoke the practitioner's registration.
DOJ and Department of Health and Human Services (HHS) will send a
letter to national, state, and local practitioner associations and
licensing boards which states unequivocally that DEA will seek to
revoke the DEA registrations of physicians who recommend or prescribe
Schedule I controlled substances. This letter will outline the
authority of the Inspector General for HHS to exclude specified
individuals or entities from participation in the Medicare and Medicaid
programs.
DOJ will continue existing enforcement programs using the following
criteria: (a) the absence of a bona fide doctor-patient relationship;
(b) a high volume of prescriptions or recommendations of Schedule I
controlled substances; (c) the accumulation of significant profits or
assets from the prescription or recommendation of Schedule I controlled
substances; (d) Schedule I controlled substances being provided to
minors; and/or (e) special circumstances, such as when death or serious
bodily injury results from drugged driving. The five U.S. Attorneys in
California and Arizona will continue to review cases for prosecution
using these criteria.
DEA will adopt seizures of Schedule I controlled substances made by
state and local law enforcement officials following an arrest where
state and local prosecutors must decline prosecution because of the
Propositions. Once in DEA's possession the drugs can be summarily
forfeited and destroyed by DEA. State and local law enforcement
officials will be encouraged to continue to execute state law to the
fullest extent by having officers continue to make arrests and seizures
under state law, leaving defendants to raise the medical use provisions
of the Propositions only as a defense to state prosecution.
Department of the Treasury (Treasury) and the Customs Service will
continue to protect the nation's borders and take strong and
appropriate enforcement action against imported or exported marijuana
and other illegal drugs. The Customs Service will continue to: (a)
seize unlawfully imported or exported marijuana and other illegal
drugs; (b) assess civil penalties against persons violating federal
drug laws; (c) seize conveyances facilitating the illegal import or
export of marijuana and other illegal drugs; and (d) arrest persons
committing Federal drug offenses and refer cases for prosecution to the
appropriate Federal or state prosecutor.
Treasury and the Internal Revenue Service (IRS) will continue the
enforcement of existing Federal tax laws which discourage illegal drug
activities.
IRS will enforce existing Federal tax law as it relates to the
requirement to report gross income from whatever source derived,
including income from activities prohibited under Federal or state law.
Treasury will recommend that the IRS issue a revenue ruling, to the
extent permissible under existing law, that would deny a medical
expense deduction for amounts expended for illegal operations or
treatments and for drugs, including Schedule I controlled substances,
that are illegally procured under Federal or state law.
IRS will enforce existing Federal tax law as it relates to the
disallowance of expenditures in connection with the illegal sale of
drugs. To the extent that state laws result in efforts to conduct sales
of controlled substances prohibited by Federal law, the IRS will
disallow expenditures in connection with such sales to the fullest
extent permissible under existing Federal tax law.
U.S. Postal Service will continue to pursue aggressively the
detection and seizure of Schedule I controlled substances mailed
through the US mails, particularly in California and Arizona, and the
arrest of those using the mail to distribute Schedule I controlled
substances.
DEA together with other Federal, state and local law enforcement
agencies will work with private mail, parcel and freight services to
ensure continuing compliance with internal company
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policies dictating that these companies refuse to accept for shipment
Schedule I controlled substances and that they notify law enforcement
officials of such activities. Federal investigations and prosecutions
will be instituted consistent with appropriate criteria.
B. Objective 2--Ensure the Integrity of the Medical-Scientific
Process by Which Substances are Approved as Safe and Effective
Medicines in Order to Protect Public Health
The Controlled Substances Act embodies the conclusion of the
Congress, affirmed by DEA and HHS, that marijuana, as a Schedule I
drug, has ``high potential for abuse'' and ``no currently accepted
medical use in treatment in the United States.'' To protect the public
health, all evaluations of the medical usefulness of any controlled
substance should be conducted through the Congressionally established
research and approval process managed by the National Institutes of
Health (NIH) and the Food and Drug Administration (FDA). Currently
there are a few patients who receive marijuana through FDA approved
investigations.
HHS to ensure the continued protection of the public health will:
(a) examine all medical and scientific evidence relevant to the
perceived medical usefulness of marijuana; (b) identify gaps in
knowledge and research regarding the health effects of marijuana; (c)
determine whether further research or scientific evaluation could
answer these questions; and (d) determine how that research could be
designed and conducted to yield scientifically useful results.
HHS will undertake discussions with medical organizations
throughout the nation: (a) to address the ``compassionate use''
message; and (b) to educate medical and public health professionals by
underscoring the dangers of smoked marijuana and explaining the views
of NIH that a variety of approved medications are clinically proven to
be safe and effective in treating the illnesses for which marijuana is
purported to provide relief, such as pain, nausea, wasting syndrome,
multiple sclerosis, and glaucoma.
C. Objective 3--Preserve Federal Drug-Free Workplace and Safety
Programs
Transportation Workers: Department of Transportation (DOT) has
issued a formal advisory to the transportation industry that safety-
sensitive transportation workers who test positive under the Federally-
required drug testing program may not under any circumstance use state
law as a legitimate medical explanation for the presence of prohibited
drugs. DOT is encouraging private employers to follow its example.
General Contractors and Grantees: Under the Drug-Free Workplace
Act, the recipients of Federal grants or contracts must have policies
that prohibit the use of illegal drugs. Each Federal agency will issue
a notice to its grantees and contractors to remind them: (a) of their
responsibilities; (b) that any use of marijuana or other Schedule I
controlled substances remains a prohibited activity; and (c) that the
failure to comply with this prohibition will make the grantee or
contractor subject to the loss of eligibility to receive Federal grants
and contracts. Further, Federal agencies will increase their efforts to
monitor compliance with the provisions of the Act, and to institute
suspension or debarment actions against violators--with special
priority given to states enacting drug medicalization measures.
Federal Civilian Employees: HHS will issue policy guidance to all
130 Federal Agency Drug-Free Workplace program coordinators, the 72
laboratories certified by HHS to conduct drug tests, and trade
publications that reach medical review officers. This policy guidance
states that the Propositions do not change the requirements of the
Federal Drug-Free Workplace Program, which will continue to be fully
enforced for federal civilian employees nationwide. Medical Review
Officers will not accept physician recommendations for Schedule I
substances as a legitimate explanation for a positive drug test.
Department of Defense (DOD) and the Military Services: DOD will
instruct civilian employees and military personnel in the active,
reserve and National Guard components, that DOD is a drug-free
organization, a fact that is not changed by the Propositions. The
requirement that all DOD contractors maintain drug-free workplaces will
continue to be enforced.
Nuclear Industry Workers: The Nuclear Regulatory Commission will
continue to demand drug-free employees in the nuclear power industry,
and will develop a formal advisory to emphasize that its drug free
workplace regulations continue to apply.
Public Housing: The Propositions will not affect the Department of
Housing and Urban Development's (HUD) continued aggressive execution of
the ``One Strike and You're Out'' policy to improve the safety and
security of our nation's public housing developments. HUD's principal
tool for implementing ``One Strike'' will be the systematic evaluation
of public housing agencies screening and evictions efforts through the
Public Housing Management Assessment Program. This program will give
HUD a standard measurement of the progress of all public housing
authorities in developing effective law enforcement, screening, and
occupancy policies to reduce the level of drug use, crime, and drug
distribution and sales in their communities.
Safe Work Places: Department of Labor (DOL) will continue to
implement its Working Partners Initiative, providing information to
small businesses about workplace substance abuse prevention programs,
focusing specific attention on trade and business organizations located
in California and Arizona. DOL will accelerate its effort to post its
updated Substance Abuse Information Database (SAID) on the Internet.
SAID will provide information to businesses about workplace substance
abuse and how to establish workplace substance abuse prevention
programs. DOL will give priority to its efforts in California and
Arizona.
DOL's Occupational Safety and Health Administration (OSHA) will
send letters to the California and Arizona Occupational Safety and
Health Administrations reiterating the dangers of drugs in the
workplace and providing information on programs to help employers
address these problems.
DOL's Mine Safety and Health Administration will continue to
strictly enforce the prohibition on the use of alcohol and illegal
drugs notwithstanding these Propositions.
D. Objective 4--Protect Children from Increased Marijuana
Availability and Use
HHS and the Department of Education will educate the public in both
Arizona and California about the real and proven dangers of smoking
marijuana. A message will be tailored for preteens, teens, parents,
educators, and medical professionals. Research demonstrates that,
marijuana: (a) harms the brain, heart, lungs, and immune system; and
(b) limits learning, memory, perception, judgment, and the ability to
drive a motor vehicle. In addition, research shows that marijuana smoke
typically contains over 400 carcinogenic compounds and may be
addictive. The message will remind the public there is no medical use
for smoked marijuana and will educate the public about strategies to
prevent marijuana use. The message will also remind the public that the
production, sale, and distribution of marijuana for medical uses not
approved by DEA violates the
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Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act.
HHS will analyze all available data on marijuana use, expand
ongoing surveys to determine current levels of marijuana use in
California and Arizona, and track changes in marijuana use in those
states.
HHS will develop the survey capacity to assess trends in drug use
in all states on a state-by-state basis.
The Department of Education (Education) will use provisions of the
Safe and Drug Free Schools Act to reinforce the message to all local
education agencies receiving Federal Safe and Drug Free School funds
that any drug possession or use will not be tolerated in schools. This
affects approximately 95% of school districts. Notwithstanding the
passage of the two Propositions, local education agencies must continue
to: (a) develop programs which prevent the use, possession, and
distribution of tobacco, alcohol, and illegal drugs by students; (b)
develop programs which prevent the illegal use, possession, and
distribution of such substances by school employees; and (c) ensure
that programs supported by and with Federal Safe and Drug Free Schools
funds convey the message that the illegal use of alcohol and other
drugs, including marijuana, is wrong and harmful.
Education will review with educators in Arizona and California the
effect Propositions 200 and 215 will have on drug use by students. They
will also communicate nationally with school superintendents,
administrators, principals, boards of education, and PTAs about the
Arizona and California Propositions and the implications for their
states.
Education will develop a model policy to confront ``medical
marijuana'' use in schools and outline actions educators can take to
prevent illicit drugs from coming into schools.
Education will develop model drug prevention programs to discourage
marijuana use. These models will be disseminated to the states at a
Spring 1997 conference.
ONDCP and DOT will provide recommendations pursuant to the October
19, 1996 Presidential directive to deter teen drug use and drugged
driving through pre-license drug testing, strengthened law enforcement
and other means. The recommendations will underscore the point that the
use of marijuana for any reason endangers the health and safety of the
public.
Legislative Enactments: ONDCP, HHS and DOJ will work with Congress
to consider changes to the Federal Food, Drug, and Cosmetic Act and the
Controlled Substances Act, as appropriate, to limit the states''
ability to rely on these and similar medical use provisions. The
Administration believes that working with Congress is the course of
action that will affirm the national policy to control substances that
have a high potential for abuse and no accepted medical use. The
objective is to provide a uniform policy which preserves the integrity
of the medical-scientific process by which substances are approved as
safe and effective medicines. We will also consider additional steps,
including conditioning Federal funds on compliance with the Controlled
Substances Act and the National Drug Control Strategy.
Signed at Washington, D.C. this 15th day of January, 1997.
Barry R. McCaffrey,
Director.
[FR Doc. 97-3334 Filed 2-10-97; 8:45 am]
BILLING CODE 3180-02-P