History of Marijuana in the United States of America
Amanda Jane Hughes
The marijuana plant has been around longer than civilization itself. In the early days of America (Jamestown, VA) farmers were ordered to grow marijuana seed for its many versatile uses: rope, sails, cloth, food and paper just to name a few [1]. It was not until the Mexican Revolution of 1910 when the recreational use of the plant was introduced to the American culture [1]. During this time in Mexico, there was much political, social and military unrest. Many Mexican immigrants fled into America to escape turmoil and with them, they introduced the recreational use of marijuana to Americans [1]. The very first state to pass anti-marijuana legislation was the religious state of Utah in 1915. Many anti-drug advocates warned citizens against the “Marijuana Menace,” and linked horrific crimes to marijuana use the Mexicans who were associated with its use [1]. Many different colorful names were given to this substance including: reefer, muggles, Indian hay, hot hay, and weed. In the years of the Great Depression, the unemployment rate increased along with the resentment and fear of the Mexican immigrants [1]. Many research articles were published which linked the use of marijuana to violent crimes and other socially deviant behaviors especially committed by “racially inferior” communities [1]. In 1930, the Federal Bureau of Narcotics (FBN) was established and Commander Harry Anslinger became the United States first “Drug Czar.” He remained the Commander of the FBN from 1930 until 1962. He was very active towards making marijuana and opiates illegal in the US. During his time as “Drug Czar,” many anti-drug propaganda films were made including: Cocaine Fiend (1935), Refer Madness (1936), Assassin of Youth (1937) and Wild Weed (1949). During his early time as “Drug Czar,” the jazz era had reached many different major cities in the US. Anslinger commented on his views about the music of the time:
There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers… Their satanic music, jazz, and swing result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others. [2]
Anslinger was very influential in the passing of the Marijuana Tax Act in 1937 (passed August 2, 1937). This Tax Act was the first piece of legislation passed nation-wide that criminalized the use of marijuana. The act made it illegal for private citizens to possess and transfer marijuana and restricted the possession of the substance to “all buyers, sellers, importers, growers, physicians, veterinarians, and any other persons who deal in marijuana commercially or prescribe it professionally [3].” This act placed an excise tax on individuals who were involved with the substance for authorized medical and industrial uses [1]. The passing of this law was a great success for Anslinger and the Federal Bureau of Narcotics. It was the first nation-wide step towards the regulation of the substance. The Marijuana Tax Act of 1937 remained the only active piece of anti-marijuana legislation until 1970.
In 1944, the LaGuardia Report was published by the New York Academy of Medicine. It was the first independent in-depth study about the use of marijuana. The study was conducted in the New York area. Conclusions made from the LaGuardia Report were: “(1) the cost of marihuana is low and therefore within the purchasing power of most persons, (2) the majority of marihuana smokers are Negroes and Latin-Americans, (3) the use of the drug creates feeling of adequacy, (4) the practice of smoking marihuana does not lead to addiction in the medical sense of the word, (5) juvenile delinquency is not associated with the practice of smoking marihuana and (6) marihuana is not the determining factor in the commission of major crimes [4].” The conclusions drawn from this study contradicted many anti-marijuana campaign points which caused Anslinger to retaliate.
The enactment of both the Boggs Act of 1952 and the Narcotics Control Act of 1956 set harsh mandatory sentencing for all drug-related offenders, including marijuana offenders. A person who was arrested for first-offense marijuana possession would be sentenced to jail for a minimum of 2-10 years and also had to pay a fine up to $20,000 USD [1]. It was not until the 1970s that these laws were repealed because it was widely-acknowledged that the mandatory minimum sentences enacted by the Boggs Act and the Narcotics Control Act had done nothing to eliminate drug use (including marijuana) and the sentences imposed were extremely harsh and did not fit the crime committed [1].
In 1968, the Federal Bureau of Narcotics and a FDA committee, the Bureau of Dangerous Drugs, merged to create the Bureau of Narcotics and Dangerous Drugs. They were to continue to fight the growing substance abuse problems in America. In 1969, the US Supreme Court case Leary v. United States deemed the Marijuana Tax Act of 1937 unconstitutional stating that the Marijuana Tax Act violates the 5th Amendment right of self-incrimination [5]. In quick response to this Supreme Court decision, in 1970, the Comprehensive Drug Abuse Prevention and Control Act was passed. This act allowed for the government to regulate the manufacture, importation, possession and distribution of a variety of substances. These regulated substances are categorized under five different Schedules in Title II of the Act. Marijuana is classified as a Schedule I drug. Schedule I drugs have been made completely illegal to possess, distribute or manufacture and the Government has determined that all Schedule I drugs must fulfill the following requirements: “(1) the substance has a high potential for abuse (2) the substance has no currently accepted medical use in treatment in the United States and (3) there is lack of accepted safety for use of the drug or other substance under medical supervision [6].” Other drugs that are classified as Schedule I drugs are: heroin, GHB, acid, PCP and Ecstasy. In 1972, President Nixon appointed the bipartisan Shafer Commission to reconsider all laws regarding marijuana. The Shafer Commission determined that personal use of marijuana should be decriminalized; however, President Nixon rejected the recommendation [1]. Over the next decade, many states started to decriminalize or reduce sentencing/penalties for possessions of small amounts of marijuana. In 1973, the Federal Bureau of Narcotics and Dangerous Drugs merged with the Office of Drug Abuse Law Enforcement to create the United States Drug Enforcement Agency, better known as the DEA. The DEA was created to enforce the Comprehensive Drug Abuse Prevention and Control Act of 1970 throughout the United States and was responsible for pursuing US drug investigations world-wide.
During Reagan’s Presidency, he signed into law the Anti-Drug Abuse Act [1]. This act repealed relaxed laws and sentences for drug-related crimes, including marijuana-related crimes. The new law “raised federal penalties for marijuana possession and trafficking basing the penalties on the amount of drug involved [1].” A later amendment to the Anti-Drug Abuse Act established a “three strikes and you’re out” policy, causing third time drug offenders of any kind to be sentenced for life [1]. This amendment also gave the option of the death penalty for “drug lords [1].”
What seemed to have sparked the most controversy was the California Proposition 215, also known as the Compassionate Use Act, which was passed in 1996. With a valid doctor’s recommendations, this proposition allowed the possession and cultivation of marijuana for personal medicinal use [7]. The California Proposition 215 led to much heated controversy between states’ rights advocates and those who advocate for a stronger federal presence. The laws from a federal aspect deemed it illegal for the cultivation of marijuana for medicinal use; however, the passing of the California Proposition 215 undermined the federal laws in place. Moreover, even after the passing of the proposition, California citizens were still being arrested and jailed for the cultivation of marijuana. There still remains the question whether to follow state laws or federal laws. In 2005 the legality of the states decision was tried byo the Supreme Court in the case of Gonzales v. Raich. In a 6-3 vote, the Supreme Court decided to uphold the laws drawn from the Comprehensive Drug Abuse Prevention and Control Act of 1970; however, the state of California was still allowed to uphold their “medicinal marijuana experiment.” Justice O’Connor comments:
Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case. [8]
After the introduction of recreation marijuana from the Mexican Revolution of 1910, this substance has become a hot topic for debate even still to this day. There have been many different people who have been for and against the use of marijuana either for medicinal or recreational use. Some of the substance’s strongest opponents are government officials whose responsibility is to enforce the laws of the government: Harry Anslinger, Ronald Reagan and Richard Nixon. There have always been people who have been strong proponents towards the use of marijuana: many of the 1920’s great musicians, the hippies of the 1960s and many special interests groups today (NORMAL). There will always be controversies revolving around the use of marijuana. Since the passing of the Marijuana Tax Act of 1937, the penalties for possession of marijuana have been made harsher (Boggs Act of 1952), followed by making them more lenient (state decriminalization) followed by making them harsher again (Anti-Drug Abuse Act). It would appear that over the past sixty years there has been no one solid goal the government has aimed for. There is also controversy between state laws and federal laws. The California Proposition 215 is the greatest example of this. Some citizens have a stronger belief that state legislation should have a stronger presence than federal legislation and other’s believe the exact opposite. The ruling of the Supreme Court case of Gonzales v. Raich (2005) only confused the situation more. The ruling upheld the laws set from the Comprehensive Drug Abuse Prevention and Control Act of 1970; however, Justice O’Connor stated that, “the federalism principles that have driven our Commerce Clause cases require that room for experiment [California Proposition 215] be protected in this case.” This public policy issues appears as thought it will never be resolved. The federal government has their own laws in place; however, some states enacted different laws decriminalizing marijuana. With how the history is currently, it would be probable that if the government decriminalized marijuana, then some states would take it one step further and completely legalized the use of the substance. Perhaps one day there will be a law(s) passed by the federal government regarding marijuana that all states can agree on and uniformly enforce.
References
1. Frontline: Busted-America’s War on Marijuana. Public Broadcasting System. Original Air Date: April 28, 1998. http://www.pbs.org/wgbh/pages/frontline/shows/dope/etc/cron.html
2. Judging Marijuana. Peterson, Maggie. High Times Magazine, July 13, 2005. http://www.hightimes.com/ht/legal/content.php?bid=545&aid=24
3. Schaffer Library of Drug Policy. The Marijuana Tax Act of 1937. http://www.druglibrary.org/schaffer/hemp/taxact/t10a.htm
4. Schaffer Library of Drug Policy. The La Guardia Committee Report. (1944). http://druglibrary.org/schaffer/Library/studies/lag/lagmenu.htm
5. Schaffer Library of Drug Policy. Leary v. United States (May 19, 1969). http://www.druglibrary.org/schaffer/History/e1960/learyvus.htm
6. Drug Enforcement Administration. Schedule I Drugs. (1970). http://www.usdoj.gov/dea/pubs/csa/812.htm#b
7. California Proposition 215: Text of Proposed Law. http://vote96.sos.ca.gov/Vote96/html/BP/215text.htm
8. Justice O’Connor Dissenting. June 6, 2005. pg. 17. http://wid.ap.org/scotus/pdf/03-1454P.ZD.pdf
Links
Home Page
Frontline: Busted-America's War on Marijuana Timeline
High Times Article
The Marijuana Tax Act of 1937
LaGuardia Committee Report
Leary v. United States (1969)
Schedule I Drugs
California Proposition 215
Justice O'Connor
