Marijuana Laws: The Historical Shift To Strictness

Marijuana laws in the United States have undergone a long and complex history, with the drug's legal status shifting over time due to various social, political, and cultural factors. While the drug was initially encouraged by the government in the 17th century for the production of rope, sails, and clothing, and was commonly used in medicinal products in the late 19th century, its recreational use became associated with Mexican immigrants following the Mexican Revolution of 1910. This led to a wave of anti-drug campaigns and negative media portrayals, with anti-drug campaigners warning against the Marijuana Menace. During the Great Depression, high unemployment rates and increased public resentment towards Mexican immigrants further fueled concerns about marijuana, leading to its outlaw in many states. In 1937, Congress passed the Marijuana Tax Act, effectively criminalizing the drug, despite reports from the New York Academy of Medicine stating that it did not induce violence or lead to addiction. The drug was officially outlawed for any use, including medical, with the passage of the Controlled Substances Act in 1970. However, public perception began to shift in the 1970s, with growing support for decriminalization, and in 1996, California passed Proposition 215, allowing for the medical use of marijuana. Since then, there has been a growing movement towards legalization, with an increasing number of states passing laws to permit some form of marijuana use.

The Mexican Revolution of 1910 and the introduction of recreational marijuana use in the US

The Mexican Revolution of 1910 and the subsequent refugee crisis it caused played a significant role in the introduction of recreational marijuana use in the US and the subsequent tightening of marijuana laws.

The Mexican Revolution (1910-1920) was the first great social revolution of the 20th century. It caused hundreds of thousands of Mexicans to flee to the US in search of safety and work. During the revolution, Pancho Villa's guerrilla army, composed mainly of peasants and Indians, smoked marijuana during long marches and to celebrate successful campaigns. The toughness of these stoned soldiers was immortalized in the folk song "La Cucaracha".

As Mexican refugees crossed the border into the US, they brought with them the recreational use of marijuana. Marijuana was already widely used in Mexico as a means of relaxation and inebriation, especially among the lower classes, who used it as a social lubricant and an antidote to drudgery and fatigue.

In the US, marijuana was initially available in pharmacies without a prescription, and it was even smoked by some US troops stationed on the Mexican border. However, as nativist sentiment spread in the early 20th century, marijuana became associated with immigrants and foreigners, and fears arose about its potential negative effects. This was especially true during the Great Depression, when massive unemployment and increased public resentment towards Mexican immigrants escalated concerns about marijuana.

By the 1930s, anti-drug campaigners were warning of the "Marijuana Menace", and terrible crimes were attributed to marijuana users, who were often portrayed as dangerous, violent, and insane. The media amplified these concerns, and anti-drug sentiment was further fuelled by reports of increasing marijuana use among Mexicans and sometimes Negroes and lower-class whites.

As a result of these fears, many states began passing laws banning marijuana. By 1931, 29 states had outlawed it, and in 1937, Congress passed the Marijuana Tax Act, effectively criminalizing its use nationwide.

In conclusion, the Mexican Revolution of 1910 and the subsequent introduction of recreational marijuana use by refugees fleeing to the US sparked a wave of anti-drug sentiment that was closely tied to nativist and racist fears. This ultimately led to the tightening of marijuana laws and the criminalization of its use on a national level.

The criminalisation of marijuana in the 1930s

By 1931, 29 states had outlawed marijuana. The Federal Bureau of Narcotics (FBN), formed in 1930 and led by Harry J. Anslinger, played a significant role in the criminalisation of marijuana. Anslinger claimed that cannabis caused people to act irrationally and violently, and he often commented to the press about his views on the drug. He also asserted that it had a negative impact on minorities, fuelling racist sentiments.

In 1936, Anslinger attempted to include the criminalisation of all activities related to the use of cannabis in the 1936 Geneva Trafficking Conventions but was unsuccessful. However, the following year, Congress passed the Marijuana Tax Act, which effectively criminalised marijuana possession and transfer under federal law. The act imposed excise taxes on cannabis sales and required detailed sales logs. While it allowed for medical and industrial uses, the fees and taxes made it difficult for physicians and pharmacists to prescribe and sell cannabis legally.

The Marijuana Tax Act of 1937

The Marijuana Tax Act effectively criminalized marijuana by restricting possession of the drug to individuals who paid an excise tax for certain authorized medical and industrial uses. This meant that the use of marijuana required the payment of a tax, and failure to pay resulted in a large fine or a prison sentence for tax evasion. The American Medical Association (AMA) opposed the taxation because it imposed an additional burden on physicians prescribing cannabis, retail pharmacists selling cannabis, and medical cannabis manufacturers.

The aim of the act was allegedly to reduce the hemp industry through excessive taxation, largely due to the efforts of businessmen Andrew Mellon, Randolph Hearst, and the Du Pont family, who saw hemp as a threat to their interests. By 1951, however, these same businessmen came up with new rationalizations, and the Boggs Act superseded the Marihuana Taxation Act of 1937.

The act was overturned in 1969 in Leary v. United States, as it was ruled to be unconstitutional as a violation of the Fifth Amendment, as a person seeking the tax stamp would have to incriminate themselves. The Congress then passed the Controlled Substances Act in 1970, which repealed the 1937 Act.

The Controlled Substances Act of 1970

Marijuana laws in the United States have undergone various changes since the 17th century. Here is an overview of the Controlled Substances Act of 1970 and its impact on marijuana legislation:

The Controlled Substances Act, enacted in 1970, was a federal law that categorised marijuana as a Schedule I substance. This classification indicated that marijuana had a high potential for abuse, no accepted medical use, and a lack of safety for use under medical supervision. The Act imposed stringent penalties for the illegal manufacture, distribution, or possession of marijuana, which was defined as having "a high potential for abuse," "no currently accepted medical use," and "a lack of accepted safety."

The Act was a significant development in the United States' approach to cannabis policy and had several consequences. Firstly, it established strict penalties for individuals involved in the illegal production, distribution, or possession of marijuana. Secondly, it created a tension between federal and state laws, as several states moved to liberalise their cannabis legislation despite the federal prohibition. This discrepancy led to challenges for cannabis businesses in areas such as banking, tax deductions, and mail services.

Decriminalisation Efforts:

Despite the Controlled Substances Act, there were efforts to decriminalise marijuana possession during the 1970s. President Richard Nixon appointed a commission to review marijuana laws, and in 1972, the Shafer Commission recommended decriminalisation. However, Nixon rejected this recommendation. Still, by the end of the decade, 11 states had decriminalised marijuana, and most others had reduced their penalties. This wave of decriminalisation was influenced by the Shafer Commission's endorsement and a shift in public perception.

Impact on Research:

The classification of marijuana as a Schedule I substance also impacted research institutions. They faced restrictions in obtaining cannabis for investigating its potential medical applications and treatment efficacy. This prompted calls for the federal government to facilitate scientific research on marijuana's potential health benefits by reassessing its classification.

Subsequent Developments:

In 2013, the Department of Justice issued a memorandum outlining eight federal enforcement priorities regarding marijuana, such as preventing distribution to minors and preventing state-authorised marijuana activity from being used as a cover for illegal drug trafficking. This memorandum guided federal prosecutors' approach to marijuana enforcement.

In 2018, the Food and Drug Administration approved Epidiolex, an oral solution containing cannabidiol (CBD) derived from cannabis, for treating specific types of epilepsy. Consequently, the DEA rescheduled Epidiolex from Schedule I to Schedule V, and in 2020, it was removed from the Controlled Substances Act altogether.

In 2022, the "Medical Marijuana and Cannabidiol Research Expansion Act" was passed, establishing a new registration process to facilitate medical research on marijuana.

As of January 2023, the federal government still classifies cannabis as a Schedule I drug, indicating that it has no accepted medical use and a high potential for abuse. However, at the state level, there has been a wave of decriminalisation and legalisation, with many states allowing medical and recreational use.

The Shafer Commission's 1972 report on marijuana

Marijuana laws in the United States have undergone a series of changes over the years, with varying degrees of strictness. One notable event in the history of marijuana legislation was the release of the Shafer Commission's 1972 report, which had a significant impact on public policy discussions and perceptions surrounding the drug.

The Shafer Commission, formally known as the National Commission on Marihuana and Drug Abuse, was appointed by U.S. President Richard Nixon in the early 1970s. It was chaired by former Pennsylvania Governor Raymond P. Shafer and included a diverse group of professionals, such as doctors, lawyers, and politicians. The commission was tasked with studying and reporting on the effects and implications of marijuana use in the United States.

On March 22, 1972, the Shafer Commission released its report, titled "Marihuana: A Signal of Misunderstanding." The report challenged the prevailing negative perceptions and legal restrictions surrounding marijuana use. It concluded that marijuana users were more timid, drowsy, and passive, contrary to the public sentiment that viewed them as dangerous. Additionally, the commission found no evidence that marijuana caused widespread danger to society.

One of the key recommendations of the Shafer Commission's report was the decriminalization of marijuana possession. The report suggested that social measures other than criminalization should be used to discourage marijuana use, drawing comparisons to the regulation of alcohol. The report stated that the relative potential for harm to individuals and society caused by marijuana did not justify a policy of criminalization and punishment.

The Shafer Commission's report had a significant impact on the marijuana policy debate. Despite being ignored by the Nixon administration, it has been frequently cited by individuals and organizations advocating for the reform of marijuana laws. The report provided important support for the argument that marijuana should be removed from Schedule I of the Controlled Substances Act, which classifies it as a harmful drug with no medical value.

In the years following the release of the Shafer Commission's report, public attitudes and legal frameworks surrounding marijuana began to shift. By the end of the 1970s, eleven states had decriminalized marijuana, and most others had reduced their penalties for marijuana-related offenses. This reflected a growing recognition of the findings and recommendations presented in the Shafer Commission's report, which contributed to a more nuanced and evidence-based approach to marijuana policy in the United States.

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