Do the Feds Need New Tools to Prosecute International Drug Dealers? (S. 32)

What is S. 32?

(Updated March 15, 2018)

This bill was enacted on May 16, 2016

This bill would provide the Dept. of Justice (DOJ) with new tools to prosecute drug dealers that operate across international borders. It would allow for prosecutions to occur for the manufacture or distribution of a schedule I or II substance, flunitrazepam (aka rohypnol), or other chemical that will be illegally imported into the U.S.

This legislation would also establish penalties for trafficking precursor chemicals used in the production of meth into the U.S. and allow the DOJ to prosecute such cases.

Argument in favor

Current law makes it difficult for federal law enforcement to prosecute drug dealers that make drugs in foreign countries and distribute them in the U.S. through other groups. This bill fixes that and adds penalties for internationally trafficking substances used to make meth.

Argument opposed

This change in law won’t lead to a significant increase in the number of prosecutions against international drug trafficking organizations. Drug dealers will simply find a different workaround to avoid being tried and convicted in U.S. courts.

Impact

International drug trafficking groups; and the Dept. of Justice.

Cost of S. 32

The CBO estimates that implementing this bill would have an insignificant effect on federal spending.

Additional Info

In-Depth: Sponsoring Sen. Dianne Feinstein (D-CA) introduced this bill to close loopholes that allow international drug dealers to skirt U.S. laws:

“International drug traffickers continue to find new ways to circumvent our laws. To reduce the flow of drugs into the U.S., the federal government needs the legal authority to aggressively pursue transnational criminal organizations and drug kingpins in their home countries.”

This legislation was passed by both the Senate’s Finance and Judiciary committees, and the Senate as a whole approved it unanimously in October 2015. It has the bipartisan support of nine Senate cosponsors, including six Democrats and three Republicans.

Of Note: The international community, largely through the U.N. Commission on Narcotic Drugs and the International Narcotics Control Board, has stepped up efforts to prevent drug traffickers from getting their hands on legal precursors to more nefarious drugs. In July 2011, the Mexican government seized 840 metric tons (~1.8 million pounds) of meth precursors.

It was noted by High Times that this legislation could make it easier for the U.S. to extradite Colombians who grow coca, which is used to make cocaine. That may complicate efforts by that country’s government to make peace with the Revolutionary Armed Forces of Colombia (FARC).

Media:

• Sponsoring Sen. Dianne Feinstein (D-CA) Press Release
• CBO Cost Estimate
• El Universal
• High Times