Mason Marks, Yale Law Journal Forum
Petrie-Flom Center Senior Fellow Mason Marks writes how drug scheduling places substances believed to be harmful and addictive under strict federal control. In 1970, Congress enacted the Controlled Substances Act (CSA), which split drug scheduling authority between executive departments to leverage their specialized expertise. Today, the CSA grants the Department of Health and Human Services (HHS) authority over scientific aspects of drug scheduling and the Drug Enforcement Administration (DEA) jurisdiction over nonscientific, law-enforcement-related matters. However, since 1970, the separation of scheduling powers has collapsed, and law enforcement officials have assumed powers reserved for public health experts. Bureaucratic drift, where policies diverge from what lawmakers attempted to achieve, has produced redundant responsibilities and unscientific scheduling outcomes that contradict the CSA text, purpose, and legislative history.