Post-1970, there has been a significant move in the number of people imprisoned for illicit drug offences. Through the creation of offences as well as an increase in legislative activity, the sanctions available for a person to receive for an illicit drug offence has increased in severity, resulting in a more punitive system. The effects of this increase in severity is seen in the US as the current mass incarceration crisis takes a stronghold in the criminal justice system. The Republic of Ireland (Ireland) has also witnessed an increase in the number of people imprisoned in this offence category. In 2022, when this discussion takes place, there are currently 1.22 million people incarcerated in the US. While there has been an apparent decrease in the number of people incarcerated in the US (Beckett, et al., 2018), this amount of the population is quite staggering. Through examining the legislative framework in both Ireland and the US along with data which shows the results of this legislative activity, this thesis argues that this increase in law has resulted in an increase in the number of people imprisoned for these offences as well as an increase in the severity of the response. This increase in law is attributed to the creation of certain events or acts becoming classified as ‘crime’. The increase in legislative activity in tandem with further creation of offences is explored as a method of control over the general population, an area explored by various authors (Foucault, 1975; Hillyard & Tombs, 2007; Carrier, 2008). Through constructing a ‘drug panic’, a division is created between the law-abiding citizens and those who engage in drug use or supplying these illicit drugs. This thesis finds that increases in penalty and severity show a harsh response from the criminal justice system to illicit drug offences in both countries which has only grown over time. This thesis concludes on the basis that while an analysis has taken place concerning the data made available by agencies in Ireland and the US, a detailed analysis was not possible as there was a sufficient lack in the available data. Concluding on this data availability, a transparency concern is discussed. If the government and associated agencies do not provide data, research cannot take place. While it is not understood why it may be unavailable, this adds fuel to the climate of control. If an exact understanding of the way in which these governments use law to enforce stricter prison systems while not allowing the general population to understand how these prisons work, the authority of those in power may be questioned, making it harder to exercise control over those not in power.