Cannabis and The War on Drugs: An American Timeline
In the United States, cannabis has been an important domestic crop, a medicinal remedy, and a demonized drug, with the tug of war between legalization and prohibition playing out over the centuries. The history of industrial, medicinal and recreational cannabis and its relationship to North America is complicated. To understand cannabis in the US today, you have to start at the beginning.
The 1600s-1900s
Early American life: Domestic Production of Hemp Encouraged
Cannabis (hemp) was cultivated for nearly three centuries in North America, beginning with the first American colony in 1607. George Washington grew cannabis at Mount Vernon as one of his three primary crops, and hemp fiber was used widely in the 18th and 19th centuries for the production of rope and fabric. Medicinal preparations of cannabis flower extracts, resin, and tinctures were introduced to the US market around 1839 and were well-established in US pharmacies by 1850. The crop was considered so important during the early development of the United States that cannabis was pictured on United States currency (the $10 bill) until the year 1900.
The 1600s-1900s
Early American life: Domestic Production of Hemp Encouraged
Cannabis (hemp) was cultivated for nearly three centuries in North America, beginning with the first American colony in 1607. George Washington grew cannabis at Mount Vernon as one of his three primary crops, and hemp fiber was used widely in the 18th and 19th centuries for the production of rope and fabric. Medicinal preparations of cannabis flower extracts, resin, and tinctures were introduced to the US market around 1839 and were well-established in US pharmacies by 1850. The crop was considered so important during the early development of the United States that cannabis was pictured on United States currency (the $10 bill) until the year 1900.
1776: Declaration of Independence
1788: The Constitution became the official framework of the government of the United States, solidifying a foundation for the road ahead. The US Constitution was ratified in 1788. At this time, the rest of the Western world operated under the idea that lords should rule while peasants labored. This way of life was understood as the "natural order," a hierarchy ordained by god. Upon the creation of these two documents, the Founders attempted to throw off this structure. They insisted that all men were created equal. All men would be able to create a fair and impartial government in which everyone is treated the same under the rule of law. |
Although the phrase "all men are created equal" is stated in the Declaration, this phrase only applied to white, land-owning men. A point that cannot be argued: The Constitution excluded women and people of color from the Founder's vision of the world.
To understand how these very foundational principals assimilated into the collective conscious and unconscious is to know how events unfold in time. This framework is especially relevant when it comes to drug policy and public attitude, particularly surrounding marijuana.
At the time America was founded, there were approximately half a million slaves in the United States. They made up 40 percent of the population.
To understand how these very foundational principals assimilated into the collective conscious and unconscious is to know how events unfold in time. This framework is especially relevant when it comes to drug policy and public attitude, particularly surrounding marijuana.
At the time America was founded, there were approximately half a million slaves in the United States. They made up 40 percent of the population.
The 1900s
In the late nineteenth century, cannabis was a popular ingredient in many medicinal products and was sold openly in public pharmacies. 1906: Pure Food and Drug Act The United States Congress passed the Pure Food and Drug Act. Among other consumer protections, the act required that the active ingredient of certain medicines, including cannabis, must be accurately disclosed and included on the product label. Before this legislation, many drugs, medications, and elixirs were sold as patented or proprietary formulations, with secret ingredients or misleading labels. |
1900 - 20s: Mexican immigrants introduce recreational use of marijuana (cannabis)
After the Mexican Revolution of 1910, displaced Mexican immigrants began entering the U.S. in large numbers, introducing American culture to the recreational use of cannabis. The drug became associated with the immigrants, and the fear and prejudice about the Spanish-speaking newcomers became associated with the term "marihuana." Anti-drug campaigners warned against the encroaching "Marihuana Menace," and terrible crimes were attributed to cannabis and the Mexicans who used it.
The 1930s: Fear of marijuana
During the Great Depression (1929-1939), massive unemployment increased public resentment and fear of Mexican immigrants, escalating public and governmental concern about the problem of marijuana. These fears and uncertainties instigated a flurry of "research," which linked the use of marijuana with violence, crime, and other socially deviant behaviors, primarily committed by "racially inferior" or underclass communities.
By 1931, 29 states had outlawed marijuana.
After the Mexican Revolution of 1910, displaced Mexican immigrants began entering the U.S. in large numbers, introducing American culture to the recreational use of cannabis. The drug became associated with the immigrants, and the fear and prejudice about the Spanish-speaking newcomers became associated with the term "marihuana." Anti-drug campaigners warned against the encroaching "Marihuana Menace," and terrible crimes were attributed to cannabis and the Mexicans who used it.
The 1930s: Fear of marijuana
During the Great Depression (1929-1939), massive unemployment increased public resentment and fear of Mexican immigrants, escalating public and governmental concern about the problem of marijuana. These fears and uncertainties instigated a flurry of "research," which linked the use of marijuana with violence, crime, and other socially deviant behaviors, primarily committed by "racially inferior" or underclass communities.
By 1931, 29 states had outlawed marijuana.
Photo Credit: Time.com photo gallery and Getty Images
1930: Creation of the Federal Bureau of Narcotics (FBN)
The use of alcohol, cannabis, and other drugs came under increasing scrutiny after the formation of the Federal Bureau of Narcotics (FBN) in 1930, headed by Harry J. Anslinger. Anslinger believed that "all dope" from marijuana to morphine, was equally dangerous. He advocated and helped implement harsh laws against the sale, possession, and use of all habit‐forming drugs.
The use of alcohol, cannabis, and other drugs came under increasing scrutiny after the formation of the Federal Bureau of Narcotics (FBN) in 1930, headed by Harry J. Anslinger. Anslinger believed that "all dope" from marijuana to morphine, was equally dangerous. He advocated and helped implement harsh laws against the sale, possession, and use of all habit‐forming drugs.
“Doctors cannot treat addicts even if they wish to.” Anslinger called instead for “tough judges not afraid to throw killer-pushers into prison and throw away the key.” Anslinger ruled over the Federal Narcotics Bureau (a precursor to the DEA) with racism and this relentless mentality for more than three decades (1930-1962). This epoch was a formative period that shaped the United States' drug policy for years to come.
|
1933: Alcohol Prohibition Repealed
Just three years after Anslinger's appointment in 1930, Prohibition was repealed — and the scope of the Federal Bureau of Narcotics began to shrink. With alcohol off the table, the department's business and justification for existence became limited to narcotics like cocaine and heroin — drugs used by a small percentage of the population. In response, Anslinger decided to make it his mission to put an end to all drugs in the United States, including cannabis, using anti-marijuana propaganda. |
1934: Uniform State Narcotic Drug Act enacted
This Act's stated purpose was to unify drug regulation throughout all of the states and also control their sale and use. Skeptics believed the real reason for the Act was to allow states to treat marijuana as a narcotic and control it as they would opiates.
Initially, only nine states adopted The Uniform State Act. In response, Anslinger launched a nationwide media campaign declaring that marijuana caused temporary insanity. The advertisements featured young people smoking marijuana and then acting recklessly, committing crimes, killing themselves, and others, even dying from marijuana use. The propaganda campaign was a success, and all states signed on.
This Act's stated purpose was to unify drug regulation throughout all of the states and also control their sale and use. Skeptics believed the real reason for the Act was to allow states to treat marijuana as a narcotic and control it as they would opiates.
Initially, only nine states adopted The Uniform State Act. In response, Anslinger launched a nationwide media campaign declaring that marijuana caused temporary insanity. The advertisements featured young people smoking marijuana and then acting recklessly, committing crimes, killing themselves, and others, even dying from marijuana use. The propaganda campaign was a success, and all states signed on.
|
1936: "Reefer Madness"
Anslinger's propaganda spawned similar efforts by other groups opposed to drug use. The film "Reefer Madness" was produced by the French director, Louis Gasnier, and financed by a US-based Christian organization. The movie was intended to be shown to parents as a morality tale attempting to teach them about the dangers of cannabis use by teenagers. |
1937: Marihuana Tax Act
After a sustained, sensationalized national propaganda campaign, congress passed the Marihuana Tax Act. The statute, by proxy, made marijuana illegal to the general public by restricting possession to individuals who would have to pay an excise tax. These taxes were only for specific authorized medical and industrial uses.
The American Medical Association (AMA) opposed the act, with direct objections filed by Dr. William Creighton Woodward, the legislative counsel for the AMA. Woodward noted that he and the AMA doubted the claims about marijuana addiction, violence, and overdosage. He further declared that the word "Marihuana" was largely unknown at the time. The broader medical profession did not realize they were losing access to cannabis as a therapeutic option for their patients. "Marijuana is not the correct term ...Yet the burden of this bill is placed heavily on the doctors and pharmacists of this country."
Soon after the Marihuana Tax Act went into effect, the Federal Bureau of Narcotics (FBN) began coordinating enforcement operations with local police departments. The first notable example of an arrest under the new law occurred in October 1937, when the FBN and Denver City police took Moses Baca into custody for marijuana possession and Samuel Caldwell for dealing.
Baca and Caldwell were the first two convictions under U.S. federal law for failure to pay the new marijuana tax. Judge Foster Symes sentenced Baca to 18 months and Caldwell to four years in Leavenworth Penitentiary.
1944: La Guardia Report finds marijuana less dangerous
The La Guardia Committee was the first in-depth study of the effects of smoking cannabis in the United States. The report declared, contrary to earlier research and popular belief, the use of marijuana did not induce violence, insanity, or sex crimes. It did not lead to addiction or other drug use.
The report was prepared by the New York Academy of Medicine, on behalf of a commission appointed in 1939 by New York Mayor LaGuardia. The mayor was a staunch opponent of the 1937 Marijuana Tax Act. The report infuriated Harry Anslinger, who condemned it as unscientific.
Anslinger went on an offensive against what he saw as a "degenerate Hollywood" promoting marijuana use. After several high-profile arrests of leading actors like Robert Mitchum, Hollywood production houses gave Anslinger full control over the script of any film that mentioned marijuana. Empowered, Anslinger proceeded to ban any movie that he felt sent the wrong message about drugs.
After a sustained, sensationalized national propaganda campaign, congress passed the Marihuana Tax Act. The statute, by proxy, made marijuana illegal to the general public by restricting possession to individuals who would have to pay an excise tax. These taxes were only for specific authorized medical and industrial uses.
The American Medical Association (AMA) opposed the act, with direct objections filed by Dr. William Creighton Woodward, the legislative counsel for the AMA. Woodward noted that he and the AMA doubted the claims about marijuana addiction, violence, and overdosage. He further declared that the word "Marihuana" was largely unknown at the time. The broader medical profession did not realize they were losing access to cannabis as a therapeutic option for their patients. "Marijuana is not the correct term ...Yet the burden of this bill is placed heavily on the doctors and pharmacists of this country."
Soon after the Marihuana Tax Act went into effect, the Federal Bureau of Narcotics (FBN) began coordinating enforcement operations with local police departments. The first notable example of an arrest under the new law occurred in October 1937, when the FBN and Denver City police took Moses Baca into custody for marijuana possession and Samuel Caldwell for dealing.
Baca and Caldwell were the first two convictions under U.S. federal law for failure to pay the new marijuana tax. Judge Foster Symes sentenced Baca to 18 months and Caldwell to four years in Leavenworth Penitentiary.
1944: La Guardia Report finds marijuana less dangerous
The La Guardia Committee was the first in-depth study of the effects of smoking cannabis in the United States. The report declared, contrary to earlier research and popular belief, the use of marijuana did not induce violence, insanity, or sex crimes. It did not lead to addiction or other drug use.
The report was prepared by the New York Academy of Medicine, on behalf of a commission appointed in 1939 by New York Mayor LaGuardia. The mayor was a staunch opponent of the 1937 Marijuana Tax Act. The report infuriated Harry Anslinger, who condemned it as unscientific.
Anslinger went on an offensive against what he saw as a "degenerate Hollywood" promoting marijuana use. After several high-profile arrests of leading actors like Robert Mitchum, Hollywood production houses gave Anslinger full control over the script of any film that mentioned marijuana. Empowered, Anslinger proceeded to ban any movie that he felt sent the wrong message about drugs.
|
The 1940s: "Hemp for Victory"
Hemp cultivation was also effectively prohibited by the Marihuana Stamp Act. Despite the non-narcotic nature of the crop and in spite of its agricultural importance. During World War II, supply lines were difficult to maintain. Hemp fiber and other materials crucial for producing rope, parachutes, and other military necessities were scarce and not viable to import in sufficient quantity. The Marihuana Tax Act of 1937 was lifted briefly to allow for hemp fiber production to meet the military's production requirements. To promote cultivation, The U.S. Department of Agriculture launched its "Hemp for Victory" program. The program encouraged farmers to plant hemp by giving out seeds and granting draft deferments to those who would stay home and grow hemp. By 1943 American farmers registered in the program harvested 375,000 acres of hemp. After the war, hemp reverted to its de facto illegal status under the Marihuana Stamp Act. |
The 1950s through the 1970s
These years saw the enactment of federal laws that set mandatory sentences for drug-related offenses, including marijuana.
1951: The Boggs Act
A first-offense marijuana possession carried a minimum sentence of 2-10 years with a fine of up to $20,000.
1956: Narcotics Control Act
The Narcotic Control Act imposed some of the strictest drug control penalties to date and was supported by the FBN as a way to reduce narcotics trafficking and use in the United States. The act increased penalties and mandatory minimum prison sentences outlined by the Boggs Act and introduced the death penalty for certain drug offenses.
Transitioning to the 60s
A changing political and cultural climate reflected more lenient attitudes towards marijuana. The use of the drug became widespread in the white upper-middle class. Reports commissioned by Presidents Kennedy and Johnson found that marijuana use did not induce violence or lead to the use of heavier drugs.
Policy towards marijuana and other drugs began to involve considerations of treatment options, in addition to criminal penalties. Between 1963 and 1966, Provisions are included in federal legislative funding for local alcoholism and addiction counseling, the development of local comprehensive community mental health centers, anti-poverty programs, and criminal justice diversion programs. This type of federal funding sees increases throughout the 1960s.
In 1964, Dr. Vincent Dole, an endocrinologist, and Dr. Marie Nyswander, a psychiatrist specializing in addiction, introduce methadone blockade therapy. Methadone is a drug used in the treatment of narcotic addiction.
1968: Creation of the Bureau of Narcotics and Dangerous Drugs
The Bureau of Narcotics and Dangerous Drugs (BNDD) was born from a merger of several existing agencies. The BNDD operated within the United States Department of Justice (DOJ).
These years saw the enactment of federal laws that set mandatory sentences for drug-related offenses, including marijuana.
1951: The Boggs Act
A first-offense marijuana possession carried a minimum sentence of 2-10 years with a fine of up to $20,000.
1956: Narcotics Control Act
The Narcotic Control Act imposed some of the strictest drug control penalties to date and was supported by the FBN as a way to reduce narcotics trafficking and use in the United States. The act increased penalties and mandatory minimum prison sentences outlined by the Boggs Act and introduced the death penalty for certain drug offenses.
Transitioning to the 60s
A changing political and cultural climate reflected more lenient attitudes towards marijuana. The use of the drug became widespread in the white upper-middle class. Reports commissioned by Presidents Kennedy and Johnson found that marijuana use did not induce violence or lead to the use of heavier drugs.
Policy towards marijuana and other drugs began to involve considerations of treatment options, in addition to criminal penalties. Between 1963 and 1966, Provisions are included in federal legislative funding for local alcoholism and addiction counseling, the development of local comprehensive community mental health centers, anti-poverty programs, and criminal justice diversion programs. This type of federal funding sees increases throughout the 1960s.
In 1964, Dr. Vincent Dole, an endocrinologist, and Dr. Marie Nyswander, a psychiatrist specializing in addiction, introduce methadone blockade therapy. Methadone is a drug used in the treatment of narcotic addiction.
1968: Creation of the Bureau of Narcotics and Dangerous Drugs
The Bureau of Narcotics and Dangerous Drugs (BNDD) was born from a merger of several existing agencies. The BNDD operated within the United States Department of Justice (DOJ).
1969: Richard Nixon elected President
Nixon served as president from 1969 until his resignation in 1974. At a press conference in 1971, Nixon declared drug abuse as "public enemy number one in the United States." With this statement and subsequent actions, he and his administration invigorated a failed, costly, and inhumane federal war on Americans that continues today. |
1970: Repeal of most mandatory minimum sentences
Congress repealed most mandatory penalties for drug-related offenses. It was widely acknowledged that the mandatory minimum sentences of the 1950s did not work. The imposed minimum, often unduly harsh sentences, had done nothing to eliminate the drug culture that embraced marijuana use throughout the 60s.
Note: this trend did not last, and mandatory minimums were reinstated in the 1980s.
1970: National Organization for the Reform of Marijuana Laws (NORML)
NORML is an American non-profit organization based in Washington, DC, They aim to move public opinion enough to achieve the legalization of recreational marijuana in the United States. The goal is for the responsible use of cannabis by adults to no longer subject to penalty.
NORML was founded in 1970 by Keith Stroup. The group was initially funded by $5,000 from the Playboy Foundation. By the middle of the 1970s, Playboy founder Hugh Hefner's financial support set NORML apart from other groups of its kind. Making it the premier decriminalization advocacy group. At one point, Hefner was donating $100,000 a year to NORML.
1970: Enactment of The Comprehensive Drug Abuse Prevention and Control Act (CDAP)
This federal law requires the pharmaceutical industry to maintain physical security and strict record-keeping for certain types of drugs.
The Act requires controlled substances to be divided into five schedules (or classes) of drugs. These classifications are based on their potential for abuse, accepted medical use, and accepted safety under medical supervision. How the drug is classified determines how it must be controlled. Schedule I substances are drugs that have a high potential for abuse, no accredited medical use, and a lack of accepted safety. Schedules II to V, decrease in potential for abuse, and therefore have more relaxed regulation.
Under CDAP, Marijuana is federally classified as a Schedule I substance.
Congress repealed most mandatory penalties for drug-related offenses. It was widely acknowledged that the mandatory minimum sentences of the 1950s did not work. The imposed minimum, often unduly harsh sentences, had done nothing to eliminate the drug culture that embraced marijuana use throughout the 60s.
Note: this trend did not last, and mandatory minimums were reinstated in the 1980s.
1970: National Organization for the Reform of Marijuana Laws (NORML)
NORML is an American non-profit organization based in Washington, DC, They aim to move public opinion enough to achieve the legalization of recreational marijuana in the United States. The goal is for the responsible use of cannabis by adults to no longer subject to penalty.
NORML was founded in 1970 by Keith Stroup. The group was initially funded by $5,000 from the Playboy Foundation. By the middle of the 1970s, Playboy founder Hugh Hefner's financial support set NORML apart from other groups of its kind. Making it the premier decriminalization advocacy group. At one point, Hefner was donating $100,000 a year to NORML.
1970: Enactment of The Comprehensive Drug Abuse Prevention and Control Act (CDAP)
This federal law requires the pharmaceutical industry to maintain physical security and strict record-keeping for certain types of drugs.
The Act requires controlled substances to be divided into five schedules (or classes) of drugs. These classifications are based on their potential for abuse, accepted medical use, and accepted safety under medical supervision. How the drug is classified determines how it must be controlled. Schedule I substances are drugs that have a high potential for abuse, no accredited medical use, and a lack of accepted safety. Schedules II to V, decrease in potential for abuse, and therefore have more relaxed regulation.
Under CDAP, Marijuana is federally classified as a Schedule I substance.
1970 enactment of CDAP as a backdrop to prison population rates:
As of 2017, The United States is the world's leader in incarceration. The American criminal justice system holds almost 2.2 million people. At 655 per 100,000 persons, this is the highest incarceration rate in the world.
Since the 2009 peak, the male incarceration rate has been gradually declining in each of the last seven years of available data through 2016. Three regulatory points are notable concerning the decrease:
a) decriminalization of cannabis at the city and state level
b) the legalization of medical cannabis at the state level
c) legalization of recreational cannabis at the city and state levels.
Below is a quote from John Ehrlichman. Ehrlichman served as Nixon's former domestic policy chief. The quote was taken from Dan Baum's 1994 interview with Ehrlichman:
“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or blacks, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
1972: Nixon creates the Office of Drug Abuse Law Enforcement (ODALE): A precursor to the DEA.
1972: The Shafer Commission Report
The bipartisan Shafer Commission was appointed by President Nixon, at the direction of Congress, to evaluate the seriousness of the marijuana problem in the United States.
The report described marijuana users as timid, drowsy, and passive. These findings were in direct contrast to public sentiment that viewed users as dangerous. The report concluded that cannabis did not represent a widespread danger to society. The Shafer Commission compared the use of cannabis to alcohol and recommended using social measures other than criminalization to discourage use. In the final part of the report, the Shafer Commission called for nation-wide decriminalization of marijuana possession.
The White House ignored the Shafer Commission report.
Although Nixon rejected the recommendation of the report, eleven states decriminalized marijuana, and many reduced penalties for possession.
Since the 2009 peak, the male incarceration rate has been gradually declining in each of the last seven years of available data through 2016. Three regulatory points are notable concerning the decrease:
a) decriminalization of cannabis at the city and state level
b) the legalization of medical cannabis at the state level
c) legalization of recreational cannabis at the city and state levels.
Below is a quote from John Ehrlichman. Ehrlichman served as Nixon's former domestic policy chief. The quote was taken from Dan Baum's 1994 interview with Ehrlichman:
“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or blacks, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
1972: Nixon creates the Office of Drug Abuse Law Enforcement (ODALE): A precursor to the DEA.
1972: The Shafer Commission Report
The bipartisan Shafer Commission was appointed by President Nixon, at the direction of Congress, to evaluate the seriousness of the marijuana problem in the United States.
The report described marijuana users as timid, drowsy, and passive. These findings were in direct contrast to public sentiment that viewed users as dangerous. The report concluded that cannabis did not represent a widespread danger to society. The Shafer Commission compared the use of cannabis to alcohol and recommended using social measures other than criminalization to discourage use. In the final part of the report, the Shafer Commission called for nation-wide decriminalization of marijuana possession.
The White House ignored the Shafer Commission report.
Although Nixon rejected the recommendation of the report, eleven states decriminalized marijuana, and many reduced penalties for possession.
|
1973: Creation of The US Drug Enforcement Agency (DEA)
Congress and the majority of the nation remained convinced that the plague of narcotics and drug abusers —some might say particularly those who were young, poor, or black — were pounding at the gates. Over the next four decades, with most drug policy now firmly in the grips of law enforcement officials, the DEA's annual budget saw massive continued increases. In 1972 the DEA's operating budget was $65 million, with total employees of 2,275. In 2019 the annual budget was $3.16 billion, with total employees of 10,169. Until 1968, the Bureau of Narcotics never had more than 330 agents (most of whom were employed in an administrative capacity), or, an annual budget of more than $3 million. |
1976: Beginning of parents' movement against marijuana
A nationwide movement emerged of conservative parents' groups lobbying for stricter regulation of marijuana and the prevention of drug use by teenagers. Some of these groups became extremely powerful and, with the support of the DEA and NIDA, were instrumental in affecting public attitudes, which led to the 1980s War on Drugs.
1979: The Domestic Cannabis Eradication/Suppression Program Created
DCES is a DEA-funded program to eradicate cannabis in the United States. In the first few years of the Reagan administration, the program expanded from seven states to forty. By 1985 it was active in all fifty states. The results of the program vary by locality. In 2015, agents pulled 2.6 million cannabis plants in California, 27 in New Hampshire, and zero in Utah.
As of 2018, the program continues alongside various degrees of legalization or decriminalization in 47 states.
A nationwide movement emerged of conservative parents' groups lobbying for stricter regulation of marijuana and the prevention of drug use by teenagers. Some of these groups became extremely powerful and, with the support of the DEA and NIDA, were instrumental in affecting public attitudes, which led to the 1980s War on Drugs.
1979: The Domestic Cannabis Eradication/Suppression Program Created
DCES is a DEA-funded program to eradicate cannabis in the United States. In the first few years of the Reagan administration, the program expanded from seven states to forty. By 1985 it was active in all fifty states. The results of the program vary by locality. In 2015, agents pulled 2.6 million cannabis plants in California, 27 in New Hampshire, and zero in Utah.
As of 2018, the program continues alongside various degrees of legalization or decriminalization in 47 states.
On October 14, 1982, President Ronald Reagan again declared a “war on drugs."
Continuing in step with many of his predecessors, Reagan proclaimed that illicit drugs were a direct threat to U.S. national security. Through a series of legislation, the government made a hard right turn away from a public health approach to drug use. |
1982: Congress enacts tax code 280E.
For future state-legal cannabis companies, this code will create enormous federal tax challenges.
Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the “trafficking” of Schedule I or II substances. The code originated from a 1981 court case in which a convicted cocaine trafficker insisted that it was his right under federal tax law to deduct ordinary business expenses. Congress created 280E to prevent future drug dealers from attempting the same.
280E clarifies that no deductions are allowed on any amount “in carrying on any trade or business if such trade or business consists of trafficking in controlled substances.” Even when cannabis becomes legal at the state level, marijuana is still considered a schedule I substance and federally legal. Cannabis businesses will be put in the position of still having to pay federal tax without being able to take advantage of any normal business deductions. This loophole will net the government billions of dollars.
Currently, to repeal of federal tax Code section 280E could cost the federal government upwards of $1.3 billion in 2020 alone, and then rise steadily after that. Once marijuana is no longer a federally illegal drug, 280E ceases to apply, and its revenue disappears.
1986: Anti-Drug Abuse Act - Mandatory Sentences
Although mandatory minimum sentences were shown to be ineffective, President Reagan signed the Anti-Drug Abuse Act, again instituting mandatory sentences for drug-related crimes. Combined with the Comprehensive Crime Control Act of 1984, the new law raised federal penalties for marijuana possession and dealing. The possession of 100 marijuana plants received the same sentencing as possession of 100 grams of heroin.
Drug offenders faced lifetime consequences for minor infractions. The focus on tough sentences for crack and not powder cocaine meant the people going to prison were largely black and brown. The media played along, hyping up threats with racist coverage that largely ignored rampant cocaine use among whites and sensationalized the crack problem in inner-city black neighborhoods.
A later amendment to the Anti-Drug Abuse Act established a "three strikes, and you're out" policy. Requiring life sentences for repeat drug offenders and providing for the death penalty for "drug kingpins." Drug offenders faced lifetime consequences for minor infractions. Yet the focus on severe sentences for crack and not powder cocaine meant the people going to prison were mostly black and brown. The media played along, exaggerating threats with racist coverage that largely ignored rampant cocaine use among whites and sensationalized the crack problem in inner-city black neighborhoods.
For future state-legal cannabis companies, this code will create enormous federal tax challenges.
Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the “trafficking” of Schedule I or II substances. The code originated from a 1981 court case in which a convicted cocaine trafficker insisted that it was his right under federal tax law to deduct ordinary business expenses. Congress created 280E to prevent future drug dealers from attempting the same.
280E clarifies that no deductions are allowed on any amount “in carrying on any trade or business if such trade or business consists of trafficking in controlled substances.” Even when cannabis becomes legal at the state level, marijuana is still considered a schedule I substance and federally legal. Cannabis businesses will be put in the position of still having to pay federal tax without being able to take advantage of any normal business deductions. This loophole will net the government billions of dollars.
Currently, to repeal of federal tax Code section 280E could cost the federal government upwards of $1.3 billion in 2020 alone, and then rise steadily after that. Once marijuana is no longer a federally illegal drug, 280E ceases to apply, and its revenue disappears.
1986: Anti-Drug Abuse Act - Mandatory Sentences
Although mandatory minimum sentences were shown to be ineffective, President Reagan signed the Anti-Drug Abuse Act, again instituting mandatory sentences for drug-related crimes. Combined with the Comprehensive Crime Control Act of 1984, the new law raised federal penalties for marijuana possession and dealing. The possession of 100 marijuana plants received the same sentencing as possession of 100 grams of heroin.
Drug offenders faced lifetime consequences for minor infractions. The focus on tough sentences for crack and not powder cocaine meant the people going to prison were largely black and brown. The media played along, hyping up threats with racist coverage that largely ignored rampant cocaine use among whites and sensationalized the crack problem in inner-city black neighborhoods.
A later amendment to the Anti-Drug Abuse Act established a "three strikes, and you're out" policy. Requiring life sentences for repeat drug offenders and providing for the death penalty for "drug kingpins." Drug offenders faced lifetime consequences for minor infractions. Yet the focus on severe sentences for crack and not powder cocaine meant the people going to prison were mostly black and brown. The media played along, exaggerating threats with racist coverage that largely ignored rampant cocaine use among whites and sensationalized the crack problem in inner-city black neighborhoods.
|
1980s-Early 1990s: Just Say "No" Initiative
The First Lady, Nancy Reagan, orchestrated the "Just Say No" program, which became a cornerstone of her legacy. The tagline — while memorable — was not effective when it came to helping kids cope with complex situations. Meanwhile, the U.S. government put money and military resources behind Central American groups known to be trafficking cocaine. It has been argued that these US resources played a significant role in the creation of America's inner-city crack cocaine problem. |
1989: President George Bush declares a new "war on drugs"
On September 5, 1989, in his first televised national address as president, George H.W. Bush called drugs "the greatest domestic threat facing our nation today." He held up a bag of seized crack cocaine and vowed to escalate funding for the war on drugs. He later approved, among other drug-related policies, the 1033 program that equipped local and state police with military-grade equipment for anti-drug operations.
As of 2014, 8,000 local law enforcement agencies participated. The program has transferred $5.1 billion in military material from the Department of Defense to law enforcement agencies since 1997.
On September 5, 1989, in his first televised national address as president, George H.W. Bush called drugs "the greatest domestic threat facing our nation today." He held up a bag of seized crack cocaine and vowed to escalate funding for the war on drugs. He later approved, among other drug-related policies, the 1033 program that equipped local and state police with military-grade equipment for anti-drug operations.
As of 2014, 8,000 local law enforcement agencies participated. The program has transferred $5.1 billion in military material from the Department of Defense to law enforcement agencies since 1997.
L: Photo Credit: Peace Officer: A documentary about police militarization in the US.
1990: The Solomon–Lautenberg amendment is enacted
As a result of this amendment, many states passed laws imposing mandatory driver's license suspensions for persons caught possessing cannabis, even if unrelated to driving. The bill stated that under newly approved legislation States must suspend the driver's licenses of all convicted drug offenders or risk losing part of their Federal highway funds.
The measure applied to all states and all illegal drugs. Including the ten states where possession of small amounts of marijuana had been decriminalized but still considered a minor infraction. As of 2019, Eight states currently have such laws in effect.
In 2016, an estimated 191,000 licenses were suspended for non-driving offenses according to a report by The Prison Policy Initiative.
As a result of this amendment, many states passed laws imposing mandatory driver's license suspensions for persons caught possessing cannabis, even if unrelated to driving. The bill stated that under newly approved legislation States must suspend the driver's licenses of all convicted drug offenders or risk losing part of their Federal highway funds.
The measure applied to all states and all illegal drugs. Including the ten states where possession of small amounts of marijuana had been decriminalized but still considered a minor infraction. As of 2019, Eight states currently have such laws in effect.
In 2016, an estimated 191,000 licenses were suspended for non-driving offenses according to a report by The Prison Policy Initiative.
|
The 1990s and the Birth of the Opioid Crisis
In the late 1990s, pharmaceutical companies reassured the medical community that patients would not become addicted to opioid pain relievers. Healthcare providers began to prescribe these classes of drugs at higher rates. Throughout the 1990s, support for opioid use for chronic pain grew among pain specialists, professional societies, and various organizations until opioids for chronic pain became the standard of care. The consequence was over-prescription of opiates and resulted in an epidemic of addiction and death by accidental overdose. |
From 1999 to 2013, overdose deaths grew by an average of 8 percent a year. Around the same time, the DEA authorized a five-fold increase in oxycodone production. Overdose deaths then skyrocketed between 2013 to 2017, growing by an average of 71 percent a year. Deaths from opioid overdose surpassed those of motor vehicle collisions in 2017. In 2018 10.3 million people (6% of the population, or 6 out of every 100 people) abused or misused prescription opioids.
The US attorney general (AG) is charged with the statutory authority to establish drug production quotas, and that responsibility is delegated to the DEA. The DEA authorized increasing quotas for oxycodone production by about 400 percent from 2002 to 2013. They did this despite clear evidence that opioids were being over-prescribed, misused, and deaths were increasing from overdose.
The DEA only recently started reducing production quotas of opioids in 2017. In 2019, the DEA proposed to reduce the allowable production amount of several combined classes of prescription opioids by 53 percent. In the same time-frame, the amount of marijuana slated for production for government-sanctioned "research" increased only slightly.
The public health effects of prescription opioids and heroin are intertwined.
Since 2011, the volume of prescription opioids has been declining steadily. During that time, opioid abuse has manifested mainly in the use of heroin and illicitly manufactured fentanyl. These facts change the face of the epidemic and further complicate it by the increased availability of heroin. Many who develop a dependence on prescription opioids switch to heroin. On the black market, heroin is less expensive than prescription opioids. In one study, about 80 percent of current heroin users reported that they began with prescription opioids.
Studies have shown that access to medical marijuana reduces opioid prescriptions. Despite the overwhelming evidence in the role cannabis plays in harm reduction, it is not likely The Government will regulate and make cannabis federally legal soon.
The United States has created and sustained conditions that inevitably led to crime. It built institutionalized drug addiction and then began limiting the state sanctioned supply with no exit strategy for the affected. The nation has criminalized drug addiction and then "solved" the problem by merely pulling out selected members of the community for punishment while leaving the underlying conditions ignored.
The US attorney general (AG) is charged with the statutory authority to establish drug production quotas, and that responsibility is delegated to the DEA. The DEA authorized increasing quotas for oxycodone production by about 400 percent from 2002 to 2013. They did this despite clear evidence that opioids were being over-prescribed, misused, and deaths were increasing from overdose.
The DEA only recently started reducing production quotas of opioids in 2017. In 2019, the DEA proposed to reduce the allowable production amount of several combined classes of prescription opioids by 53 percent. In the same time-frame, the amount of marijuana slated for production for government-sanctioned "research" increased only slightly.
The public health effects of prescription opioids and heroin are intertwined.
Since 2011, the volume of prescription opioids has been declining steadily. During that time, opioid abuse has manifested mainly in the use of heroin and illicitly manufactured fentanyl. These facts change the face of the epidemic and further complicate it by the increased availability of heroin. Many who develop a dependence on prescription opioids switch to heroin. On the black market, heroin is less expensive than prescription opioids. In one study, about 80 percent of current heroin users reported that they began with prescription opioids.
Studies have shown that access to medical marijuana reduces opioid prescriptions. Despite the overwhelming evidence in the role cannabis plays in harm reduction, it is not likely The Government will regulate and make cannabis federally legal soon.
The United States has created and sustained conditions that inevitably led to crime. It built institutionalized drug addiction and then began limiting the state sanctioned supply with no exit strategy for the affected. The nation has criminalized drug addiction and then "solved" the problem by merely pulling out selected members of the community for punishment while leaving the underlying conditions ignored.
1994: Bill Clinton signs the Violent Crime Control Law Enforcement Act also known as The "Three Strikes" Rule
The Violent Crime Control and Law Enforcement Act of 1994 was federal law passed to address crime in America. Under this act, a person will receive a mandatory life prison sentence without the possibility of parole if they have three federal convictions for violent felonies or crimes relating to drug trafficking. |
The Crime Bill’s Federal Death Penalty Act permitted the use of the death penalty for 60 new federal offenses, including certain drug offenses not related to a homicide. The crime bill implemented a rash of new three-strikes laws. These laws imposed automatic life sentences for people convicted of certain felony offenses. The law activated if they already have two convictions on their record.
1996: Hillary Clinton on "super-predators"
Source: CSPAN |
The crime bill expanded the school-to-prison pipeline and increased racial disparities in juvenile justice involvement. The bill created draconian penalties for so-called super predators—low-income children of color, especially black children, who are convicted of multiple crimes.
The crime bill’s three-strikes provision sent thousands of Americans to prison for life based on previous offenses for minor crimes. In 2016, 78.5 percent of Americans serving life sentences in federal prison were people of color. As of 2018, 30 states have "three strikes" rules of some kind. |
1996: Medical Use Legalized in California
California voters passed Proposition 215, allowing for the sale and medical use of marijuana for patients with AIDS, cancer, and other severe and agonizing diseases. This law stood in tension with federal laws prohibiting possession of marijuana.
California voters passed Proposition 215, allowing for the sale and medical use of marijuana for patients with AIDS, cancer, and other severe and agonizing diseases. This law stood in tension with federal laws prohibiting possession of marijuana.
2012-2019: Modern Cannabis Regulation
2001-2010: Marijuana arrests set a new record
According to the ACLU’s original analysis (Report: The War in Marijuana Black and White), marijuana arrests accounted for over half of all drug arrests in the United States. Of the 8.2 million marijuana arrests between 2001 and 2010, 88% were cases involving non-violent possession. Nationwide, the arrest data revealed one consistent trend: significant racial bias. Despite roughly equal usage rates, Blacks are 3.73 times more likely than whites to be arrested for marijuana..
2012: Recreational legalization begins
Colorado and Washington became the first two states to legalize the recreational use of cannabis, following the passage of Amendment 64 and Initiative 502.
2001-2010: Marijuana arrests set a new record
According to the ACLU’s original analysis (Report: The War in Marijuana Black and White), marijuana arrests accounted for over half of all drug arrests in the United States. Of the 8.2 million marijuana arrests between 2001 and 2010, 88% were cases involving non-violent possession. Nationwide, the arrest data revealed one consistent trend: significant racial bias. Despite roughly equal usage rates, Blacks are 3.73 times more likely than whites to be arrested for marijuana..
2012: Recreational legalization begins
Colorado and Washington became the first two states to legalize the recreational use of cannabis, following the passage of Amendment 64 and Initiative 502.
What's Next for the United States?
The current road to full federal legalization is complicated. Moral judgments, mis and disinformation, along with competing financial interests, are issues that directly oppose public health and safety.
Opiates have cut a devastating swath across all sectors of society. This class of drug now kills more people per year than any other form of accidental death in the United States. And still, cannabis remains illegal, and Schedule I ("no medical value"), despite its benign nature (it is not possible to die from a cannabis overdose) and benefits to health. Conversely, both opiates, alcohol, and even cigarettes long term are frequently lethal.
Although the benefits of cannabis are many, It is currently more profitable for private industry (private prisons, alcohol manufacturers, pharmaceutical companies) and the government (taxes, fines, law enforcement and other budgets) to keep cannabis illegal. To attain true legalization, we must undo the decades-long building of government and private sector multi-billion dollar year institutions that rely on it remaining illegal.
While what needs to be done has some clarity, how to do it remains the more difficult question.
The current road to full federal legalization is complicated. Moral judgments, mis and disinformation, along with competing financial interests, are issues that directly oppose public health and safety.
Opiates have cut a devastating swath across all sectors of society. This class of drug now kills more people per year than any other form of accidental death in the United States. And still, cannabis remains illegal, and Schedule I ("no medical value"), despite its benign nature (it is not possible to die from a cannabis overdose) and benefits to health. Conversely, both opiates, alcohol, and even cigarettes long term are frequently lethal.
Although the benefits of cannabis are many, It is currently more profitable for private industry (private prisons, alcohol manufacturers, pharmaceutical companies) and the government (taxes, fines, law enforcement and other budgets) to keep cannabis illegal. To attain true legalization, we must undo the decades-long building of government and private sector multi-billion dollar year institutions that rely on it remaining illegal.
While what needs to be done has some clarity, how to do it remains the more difficult question.