A Look Through Time on The Federal Ban
Written By: Louisa Baltodano
With the recent changes in it's legal status, more and more states are moving towards the legalization of marijuana and industrial hemp, after it being banned since the early 1900's.
The Marijuana Tax Act of 1937
One of the first legal efforts against marijuana was the Marijuana Tax Act in 1937. This federal law imposed a tax on the sale of cannabis, hemp, or marijuana and was the first time when marijuana began to be regulated as a drug. The act did not criminalize the possession or the use of marijuana but what it did was penalize and enforce provisions to which handlers were subjected to. Up until this law was passed, cannabis products were legal to sell and often found in over-the-counter products in drug stores and pharmacies. What lead to this sudden negative mainstream ideology of the 1930s? Propaganda against the cannabis industry sought to demonize the plant as a dangerous substance. The paper industry for example campaigned against cannabis, as hemp was a much cheaper substitute than paper pulp. Other propaganda such as Reefer Madness began to tell the public of how dangerous cannabis was and how it was affecting the youth.
5 Facts About The Marihuana Tax Act of 1937. (2017, August 2). Retrieved November 20, 2017, from https://www.leafly.com/news/cannabis-101/facts-about-the-marihuana-tax-act-of-1937
Case Study: Leary v. United States
This was a Supreme Court case which claimed that the Marijuana Tax Act was unconstitutional. Timothy Leary argued that the act violated the fifth amendment in which it required self incrimination. When Timothy Leary and his family took a trip to Mexico, their car was searched as they came back into the United States to discover marijuana seeds in the vehicle and smoked marijuana cigarettes. At the time, it was illegal to possess marijuana in Texas, but under compliance to the Marijuana Tax Act it required self-incrimination. Here is a case where we see state law and federal law collide with each other. Leary won the case in court and the Marijuana Tax Act was condemned unconstitutional.
Controlled Substances Act
In response to the outcome of Leary v. United States, Congress passed the Controlled Substances Act in the 1970's to repeal the Marijuana Tax Act. This statue establishes the United State's drug policy, classifying marijuana as a Schedule 1 substance comparing it to heroin and also being more harmful than cocaine. The Drug Enforcement Agency (DEA) is responsible for the implementation of this act.
Brief Period of Decriminalization 1973-1981
During this time, eleven states decriminalized marijuana possession; Arkansas, Oregon, California, Colorado, Nebraska, Minnesota, Mississippi, Ohio, North Carolina, New York, and Maine. Many states legalized marijuana with the provision of the purpose being for medicinal purposes and for suffering dying patients to ease the pain.
Zero Tolerance
Once Ronald Reagan came into office with his wife Nancy Reagan, who were completely anti-cannabis and the "War on Drugs", they created a total ban on cannabis and ended the short era of decriminalization of marijuana. The number of people imprisoned for non- violent drug offenses skyrocketed during this time according to statistics from the War on Drugs Policy Alliance, with numbers of "50,000 in 1980 to over 400,000 by 1997". During this time of mass hysteria, casual drug users were seen as more dangerous targets than murderers and rapists, which led to the zero tolerance policy being the first total federal ban on marijuana. During this time, the Comprehensive Crime Control Act of 1984 was passed.
Movement Toward Legalization
Case Study: Proposition 215
In 1996, California sought to legalize medical cannabis use, possession, and cultivation. The Compassion Act was was passed in 1996 which aided chronically ill people and allowed for the use and possession of cannabis in the events of a prescription from a doctor or physician.
For most of 2000 to now 2017, more and more states have begun to move towards decriminalization and legalization of marijuana. Today, numerous states have decriminalized marijuana, while other states have completely legalized it for both medicinal and recreational purposes.
On April 14, 2014, Maryland decriminalized the possession of marijuana to a $100 to $500 fine and legalized the possession, sale, and production of medical marijuana. Another law was also passed in 2017 in order to expunge marijuana offenses from 10 years to 4 years. Due to a high demographic disproportion of marijuana offense, which predominantly affects the African American community, Maryland has programs in the works to assist with the collateral consequences, which created a poverty trap preventing people from being able to obtain a beneficial job to better their lives.
Even though individual states continue to legalize marijuana, there is still a big issue with the federal government, which makes it difficult for the hemp industry to grow. It is undeniable that the cannabis and hemp industry is steadily thriving and it is valuable in seeing what the future holds for it.
For most of 2000 to now 2017, more and more states have begun to move towards decriminalization and legalization of marijuana. Today, numerous states have decriminalized marijuana, while other states have completely legalized it for both medicinal and recreational purposes.
On April 14, 2014, Maryland decriminalized the possession of marijuana to a $100 to $500 fine and legalized the possession, sale, and production of medical marijuana. Another law was also passed in 2017 in order to expunge marijuana offenses from 10 years to 4 years. Due to a high demographic disproportion of marijuana offense, which predominantly affects the African American community, Maryland has programs in the works to assist with the collateral consequences, which created a poverty trap preventing people from being able to obtain a beneficial job to better their lives.
Even though individual states continue to legalize marijuana, there is still a big issue with the federal government, which makes it difficult for the hemp industry to grow. It is undeniable that the cannabis and hemp industry is steadily thriving and it is valuable in seeing what the future holds for it.
References
Marijuana Tax Act Law and Legal Definition | USLegal, Inc. (n.d.). Retrieved November 20, 2017, from https://definitions.uslegal.com/m/marijuana-tax-act%20/
Leary v. United States, 395 U.S. 6 (1969). (n.d.). Retrieved November 20, 2017, from https://supreme.justia.com/cases/federal/us/395/6/
The Controlled Substances Act (CSA): Overview. (n.d.). Retrieved November 20, 2017, from http://criminal.findlaw.com/criminal-charges/controlled-substances-act-csa-overview.html
Marijuana Law Reform Timeline - NORML.org - Working to Reform Marijuana Laws. (n.d.). Retrieved November 20, 2017, from http://norml.org/shop/item/marijuana-law-reform-timeline
A Brief History of the Drug War. (n.d.). Retrieved November 20, 2017, from http://www.drugpolicy.org/issues/brief-history-drug-war
Thurmond, S. (1984 9–25). S.1762 - 98th Congress (1983-1984): Comprehensive Crime Control Act of 1984 [webpage]. Retrieved November 20, 2017, from https://www.congress.gov/bill/98th-congress/senate-bill/1762
Project, M. P. (n.d.). Maryland. Retrieved November 20, 2017, from https://www.mpp.org/states/maryland/
U.S. Farm Bill Allows Hemp Farming... in 10 States. (2014, January 31). Retrieved November 20, 2017, from http://www.cannabisculture.com/content/2014/01/31/us-farm-bill-allows-hemp-farming-10-states
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