When the original Uniform Controlled Substances Act (UCSA) was promulgated in 1970 by the Uniform Law Commissioners (ULC), it was subsequently adopted in 46 states, and became a major tool in the fight against illegal drugs. But times have changed in the last 20 years, and the UCSA no longer meets all of our needs. The revised UCSA, promulgated in 1990, meets the needs which have been created as drug use in this country has increased. Every state should adopt the Revised UCSA.

THE REVISIONS BRING THE UCSA UP-TO-DATE

The original Act placed drugs into five separate "schedules," based on the drug's potential harm and addictive qualities on humans. For example, Schedule I substances - including cocaine and heroin - have a high potential for abuse, have no currently accepted medical use and lack accepted safety for use under medical supervision. Schedule V substances have low potential for abuse and have currently accepted medical use in treatment in the United States. Administrative control and penalties vary with the dangerousness of the substances, with the most dangerous receiving the most control and the greatest penalties.

The schedules in the Controlled Substances Act are revamped in revision, bringing them as up-to-date as possible. There are other provisions to make administrative scheduling of new controlled substances more efficient, as well. Significant new provisions deal with such specific problems as analogues or "designer" drugs. For example, in the past two decades, some new analogues to known controlled substances were synthesized by enterprising chemists. Because of the specificity required of the schedules in the Controlled Substances Act, these analogues were not controlled substances under the law of a number of states.

The revisions provide for emergency scheduling for analogues. There may also be criminal prosecutions for possession or distribution of analogues during the time that analogues are being added to the schedules of controlled substances.

THE REVISED UCSA HAS EXPANDED PENALTY PROVISIONS

The original penalty provisions of the Uniform Act have been extensively supplemented under the new revision. The objective is to give law enforcement maximum enforcement options.

Included, for example, are provisions which would authorize imposition of enhanced penalties on those who deal drugs to minors, those who deal drugs within one thousand feet of schools or playgrounds, and those who employ juveniles in their drug-dealing organizations.

The revisions also adopt a "mandatory minimum" sentencing scheme to deal with those convicted of trafficking in major amounts of controlled substances. The "quantity" and "prison term" provisions are left bracketed to allow the states to set levels which reflect the realities of their prospective drug markets and the capabilities of their respective prison systems.

THE REVISED UCSA PROVIDES FOR TREATMENT AND REHABILITATION

With the scarcity of prison space in this country, the revised UCSA recognizes the necessity to encourage rehabilitation in many instances among some offenders. With this in mind, the revised act provides for treatment programs and a conditional discharge provision for first time offenders, giving them a second chance.