80 Years Ago Today: President Signs First Federal Anti-Marijuana Law

norml_remember_prohibition2Eighty years ago today, on August 2, 1937, President Franklin Roosevelt signed House Bill 6385: the Marihuana Tax Act into law. The Act for the first time imposed federal criminal penalties on activities specific to the possession, production, and sale of cannabis.

Congress’ decision followed the actions of 29 states, beginning with Massachusetts in 1914, that had previously passed laws criminalizing the plant over the prior decades. It also followed years of ‘Reefer Madness,’ during which time politicians, bureaucrats (led primarily by Federal Bureau of Narcotics Director Harry Anslinger), reporters, and science editors continually proclaimed that marijuana use irreparably damaged the brain. A 1933 editorial in the Journal of Criminal Law and Criminology largely summarized the sentiment of the time, “If continued, the inevitable result is insanity, which those familiar with it describe as absolutely incurable, and, without exception ending in death.”

On April 14, 1937, Rep. Robert L. Doughton of North Carolina introduced HR 6385, which sought to stamp out the recreational use of marijuana by imposing a prohibitive federal tax on all cannabis-related activities. Members of Congress held only two hearings to debate the merits of the bill, which largely relied on the sensational testimony of Anslinger — who opined, ”This drug is entirely the monster Hyde, the harmful effect of which cannot be measured.” Over objections from the American Medical Association, whose representatives opposed the proposed federal ban, members of the House and Senate overwhelmingly approved the measure by voice votes.

President Franklin Roosevelt promptly signed the legislation into law and on October 1, 1937, the Marihuana Tax Act officially took effect — thus setting in motion the federal prohibition that continues to this day.

0 years of failure. Click here to urge federal leadership to support The Marijuana Justice Act of 2017 in the US Senate and click here to support The Ending Federal Marijuana Prohibition Act of 2017 in the US House of Representatives.

Marijuana Smoking Up, Marijuana Arrests Down

C1_8734_r_xIt’s a great time to be alive if you are a marijuana smoker. We are finally working our way out of the shadows of prohibition and into the mainstream. Following the reign of terror that resulted in more than 25 million Americans being arrested on marijuana charges since 1937, the country is at last looking for a better alternative.

Fewer marijuana smokers are being arrested.

Officer arresting someone breaking the lawFlickr/Oregon Dept. of Transportation – flic.kr

First, and most important, fewer and fewer states continue to treat responsible marijuana smokers like criminals. Seventeen states have decriminalized the personal use of marijuana, and four states and the District of Columbia have legalized recreational use. With each new state that moves in our direction, the number of marijuana arrests continues to decline.

The latest marijuana arrest data released this week by the FBI show that 643,122 Americans were arrested on marijuana charges in 2015, with 89 percent of those arrests for marijuana possession only, not for cultivation or trafficking. While that number remains far too high — that’s a lot of individuals having their lives and careers disrupted unfairly over their use of marijuana — it is the lowest number of marijuana arrests reported since 1996. And it represents nearly a 25 percent reduction in arrests since the peak (almost 800,000 arrests) was reached in 2007.

“Enforcing marijuana laws costs us about $3.6 billion a year, yet the War on Marijuana has failed to diminish the use or availability of marijuana,” according to the ACLU’s 2013 report on marijuana arrests.

With five states scheduled to vote on full legalization this November, marijuana arrest rates are expected to continue to decline further in the coming years. We clearly still have lots of work to do, but the trend is all in our direction, and the pace appears to be accelerating.

More Americans are smoking marijuana.

woman-smoking-marijuana-joint

Second, marijuana smoking continues to become more mainstream culturally, with more and more adult Americans smoking each year. Instead of being ostracized and marginalized, marijuana smokers today are being embraced by the larger culture. For most Americans today, smoking marijuana is simply no big deal.

About 30 million Americans smoked marijuana over the past year, more than double the number of smokers in 2002, and 69 percent of the country now are aware that alcohol is more dangerous than marijuana, according to the National Institute on Alcohol Abuse and Alcoholism.

One in eight Americans (13 percent) now reports that they currently smoke marijuana, according to a recent Gallup poll. That’s nearly double the number of current users (7 percent) found by Gallup just three years earlier, with 43 percent of Americans acknowledging they have tried marijuana at some point in their lives. One in five adults under 30 years of age is now a pot smoker.

marijuanaFlickr/Dank Depot – flickr.com

And yet the number of adolescent marijuana smokers has not increased over the last decade, and adolescents tell us that marijuana is becoming less available to them than in prior years. The percentage of respondents aged 12-17 years who perceived marijuana to be “fairly easy or very easy to obtain” fell by 13 percent between 2002 and 2014, researchers at the CDC reported. Regulation with age controls is clearly more effective than prohibition.

As marijuana smoking continues to gain popularity, it also gains respectability, with fewer and fewer Americans supporting marijuana prohibition. They are not necessarily pro-pot, but — just as the country learned with the failed attempt at alcohol prohibition in the 1920s and early ’30s — a majority of the public has concluded that prohibition is a failed public policy that causes far more harm than the use of marijuana itself. Roughly 60 percent of the public now supports ending prohibition and legalizing marijuana.

Among generations, the demographics are strongly pointing toward ending prohibition altogether. About 68 percent of Millennials say marijuana should be legal, and 50 percent of baby boomers favor legalization. Young Americans simply have no problem with marijuana and can’t understand why it was ever made illegal.

High quality marijuana is available today.

man-smoking-and-cannabisFlickr/fredodf, Bigstock/greg banks – flic.kr

Finally, high quality marijuana is available to most consumers today, regardless of where you live. The marijuana legalization movement is only incidentally about marijuana; it is really about personal freedom. The government has no business coming into our homes to know what books we read, what music we listen to, how we conduct ourselves in the bedroom, and whether we drink alcohol or smoke marijuana when we relax in the evening. It is simply none of their business.

If there were no marijuana to smoke, this movement would still be an interesting intellectual exercise, but it would not be a political movement that is changing fundamental values in our country. We have political power as a movement because we are part of a community, and our marijuana smoking helps define that community.

There was a time when marijuana smokers had to make a serious effort to find a source to obtain decent marijuana, and in many parts of the country, there was frequently a “marijuana drought” for a couple of months each fall, before the new crop was harvested, when there was simply no marijuana available for consumers to buy on the black market. During those years, most high quality marijuana was imported. Some came from Canada, some from Mexico (“Acapulco Gold”). There was ganja from Jamaica, “Thai stick” from Thailand, etc. Domestic marijuana during those years was considered “ditch weed” and only smoked as a last resort.

And because of the legal risks involved importing marijuana, the price sometimes put high quality marijuana out of reach for many consumers, even if available. It was largely a connoisseur’s market.

Then the “grow America” movement took off. With seeds imported primarily from Holland and Canada, domestic marijuana growers began to produce the finest marijuana in the world. That remains the case today. Anyone who has traveled to Amsterdam, for example, will find that most of the marijuana available in the famous coffee shops, while good, is simply not as strong as the marijuana available in most states today, either via the legally regulated market or on the black market.

We’re looking for basic fairness.

man-smoking-joint-and-jointFlickr/Heath Alseike, Flickr/Unai Mateo – flickr.com

We still have a great deal of work to do before responsible marijuana smokers are treated fairly: Job discrimination, child custody issues, and DUID are just three of the more important areas where smokers are still treated like second class citizens. And we need social clubs where we can legally socialize with our friends and others who also smoke marijuana, outside a private home.

But these reforms will come as we continue to come out of the closet and gain political strength and as more and more Americans accept the fact that we are just average Americans who work hard, raise families, pay taxes, and contribute to our communities in a positive manner. When we relax in the evening, just as tens of millions of Americans enjoy a beer or a glass of wine, tens of millions of us enjoy a joint.

Is this a great country or what?

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This column first ran on ATTN.com.

http://www.attn.com/stories/11752/marijuana-smoking-increases-and-marijuana-arrests-decrease

 

Marijuana Tax Act of 1937 Opposed by the AMA (American Medical Association)

1936 – 1938: William Randolph Hearst’s newspaper empire fuels a tabloid journalism propaganda campaign against marijuana. Articles with headlines such as Marihuana Makes Fiends of Boys in 30 Days; Hasheesh Goads Users to Blood-Lust create terror of the killer weed from Mexico. Through his relentless misinformation campaign, Hearst is credited with bringing the word marijuana into the English language. In addition to fueling racist attitudes toward Hispanics, Hearst papers run articles about marijuana-crazed negroes raping white women and playing voodoo-satanic jazz music. Driven insane by marijuana, these blacks — according to accounts in Hearst-owned newspapers — dared to step on white men’s shadows, look white people directly in the eye for more than three seconds, and even laugh out loud at white people. For shame! 1936: DuPont obtains a patent license to manufacture synthetic plastic fibers from German industrial giant IG Farben Corporation. The patent license is obtained as part Germany’s reparation payments to the United States after World War I. A few years later, IG Farben manufactures deadly Zyklon-B gas, used in Nazi death camps to murder millions of Jews (along with many homosexuals and drug users). DuPont owned and financed approximately 30% of Hitler’s IG Corps, the military-industrial backbone of the fascist Third Reich. 1937: The year the federal government outlawed cannabis. — DuPont patents petrochemical manufacturing processes for making plastics, as
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Kush Clubhouse and Medical Kush Beach Club In the News on hashbartv

www.hashbar.tv The Medical Kush Beach Club was featured on Fox 11 News as laws to close the medical marijuana dispensaries begin to close down local shops. Sean Kush talks about the state of affairs and we take a walk down the Venice Beach Boardwalk to visit the Kush Clubhouse and learn about the function of smoking lounges and Hash Bars. For more episodes go to http For information about the Medical Kush Beach Club go To www.medicalkushbeachclub.com
Video Rating: 5 / 5

Transcription to follow: Actually I was very skeptical rather than opposed. The first person who introduced me to the possibility that cannabis was medicinal was my father who was a pharmacist. We were talking about prohibition and he mentioned that when he was a freshman in pharmacy school at the University of Minnesota in 1928 and one of their assignments was to make tincture of cannabis. He said, we had to be very careful because the alcohol was illegal. I’ve got his 1927 Remmington’s Textbook of Pharmacy and on page 999 and 1000 it tells you how to make tincture of cannabis. It also says that it is useful for relief of pain and a tranquilizer. In the process of marginalizing quackery we also tended to marginalize homeopaths, naturopaths, osteopaths all of whom placed greater importance on herbal medicine that allopathic doctors, the doctors that we today called MD’s. There still was interest in plant based medicine but there was a problem that it was not standardized. However, as late as 1937 the AMA testified against the marijuana tax act. First off, they said we don’t have any idea why you are not calling this cannabis obviously we need to explore that why was it called marijuana when that’s not what it was called at that time. And secondly he said, yes, this is decreasingly being prescribed by physicians because of lack of standardization. However, even then in 1937 there were about 100000 prescriptions written by doctors in the United States where cannabis
Video Rating: 5 / 5

Federal Cannabis Prohibition Turns 75-Years-Old Today

In a milestone that will no doubt go largely unnoticed by the mainstream media, today marks the 75th anniversary of the enactment of federal marijuana prohibition. On October 1, 1937, the US government criminally outlawed the possession and cultivation of cannabis — setting into motion a public policy that today results in some 850,000 arrests per year and has led to more than 20 million arrests since 1965.

But times are changing. Now, for the first time, a majority of Americans say that they favor replacing this failed policy with one of cannabis legalization and regulation. Further, on November 6th, voters in three states — Colorado, Oregon, and Washington — will decide at the ballot box whether to allow for the limited legalization of cannabis for adults. According to the latest polls, voters Colorado and Washington appear ready to take this historic step, while Oregonians remain closely divided on the issue.

That is why we have themed this week’s 41st national NORML Conference in Los Angeles ‘The Final Days of Prohibition’. (Conference registration information is here.) Today we reflect upon the decades of failure imposed by prohibition; tomorrow we look to the very near future when cannabis prohibition is abolished once and for all.

Below is an excerpt from Chapter 4 of Marijuana Is Safer: So Why Are We Driving People to Drink? (2009, Chelsea Green) which looks back at how we got into this mess in the first place.

By 1935, most states in the country had enacted laws criminalizing the possession and use of pot, and newspaper editors were frequently opining in favor of stiffer and stiffer penalties for marijuana users. As [US Federal Bureau of Narcotics' Director Harry J.] Anslinger’s rhetoric became prominent, he found additional allies who were willing to carry his propagandist message to the general public. Among these were the Women’s Christian Temperance Union and the Hearst newspaper chain – the latter of which luridly editorialized against the “insidious and insanity producing marihuana” in papers across the country.

Members of state and local law enforcement also joined the FBN’s anti-marijuana crusade. Writing in The Journal of Criminology, Wichita, Kansas, police officer L. E. Bowery asserted that the cannabis user is capable of “great feats of strength and endurance, during which no fatigue is felt.” Bowery’s toxic screed, which for years thereafter would be hailed by advocates of prohibition as the definitive ‘study’ of the drug, concluded:

“Sexual desires are stimulated and may lead to unnatural acts, such as indecent exposure and rape. … [Marijuana use] ends in the destruction of brain tissues and nerve centers, and does irreparably damage. If continued, the inevitable result is insanity, which those familiar with it describe as absolutely incurable, and, without exception ending in death.”

… By 1937, Congress – which had resisted efforts to clamp down on the drug some two decades earlier – was poised to act, and act quickly, to enact blanket federal prohibition. Ironically, by this time virtually every state had already ratified laws against cannabis possession. Nonetheless, local authorities argued that the marijuana threat was so great that federal intervention was also necessary.

On April 14, 1937, Rep. Robert L. Doughton of North Carolina introduced House Bill 6385, which sought to stamp out the recreational use of marijuana by imposing a prohibitive tax on the drug. The measure was the brainchild of the U.S. Treasury Department, and mandated a $100 per ounce tax on the transfer of cannabis to members of the general public. Ironically, a separate anti-marijuana measure introduced that same year sought to directly outlaw possession and use of the drug. However this proposal was assumed at that time to have been beyond the constitutional authority of Congress.

Members of Congress held only two hearings to debate the merits of Rep. Doughton’s bill. The federal government’s chief witness, Harry Anslinger, told members of the House Ways and Means Committee that “traffic in marijuana is increasing to such an extent that it has come to be the cause for the greatest national concern. … This drug is entirely the monster Hyde, the harmful effect of which cannot be measured.”

Other witnesses included a pair of veterinarians who testified that dogs were particularly susceptible to marijuana’s effects. “Over a period of six months or a year (of exposure to marijuana), … the animal must be discarded because it is no longer serviceable,” one doctor testified. This would be the extent of ‘scientific’ testimony presented to the Committee.

The American Medical Association (AMA) represented the most vocal opposition against the bill. Speaking before Congress, the AMA’s Legislative Counsel Dr. William C. Woodward challenged the legitimacy of the alleged ‘Demon Weed.’

“We are told that the use of marijuana causes crime. But yet no one has been produced from the Bureau of Prisons to show the number of prisoners who have been found addicted to the marijuana habit. An informal inquiry shows that the Bureau of Prisons has no evidence on that point.

You have been told that school children are great users of marijuana cigarettes. No one has been summoned from the Children’s Bureau to show the nature and extent of the habit among children. Inquiry of the Children’s Bureau shows that they have had no occasion to investigate it and no nothing particularly of it.

… Moreover, there is the Treasury Department itself, the Public Health Service. … Informal inquiry by me indicates that they have no record of any marijuana or cannabis addicts.”

Woodward further argued that the proposed legislation would severely hamper physicians’ ability to utilize marijuana’s therapeutic potential. While acknowledging that the drug’s popularity as a prescription medicine had declined, Woodward nonetheless warned that the Marihuana Tax Act “loses sight of the fact that future investigations may show that there are substantial medical uses for cannabis.”

Woodward’s criticisms of the bill’s intent – as well as his questions regarding whether such legislation was objectively justifiable – drew a stern rebuke from the Chairman of the Committee. “If you want to advise us on legislation, you ought to come here with some constructive proposals, rather than criticism, rather than trying to throw obstacles in the way of something that the federal government is trying to do,” the AMA’s counsel was told. “Is not the fact that you were not consulted your real objection to this bill?”

Despite the AMA’s protests, the House Ways and Means Committee approved House Bill 6385. House members even went so far as to elevate the Anslinger’s propaganda to Congressional findings of fact, stating:

“Under the influence of this drug the will is destroyed and all power directing and controlling thought is lost. … [M]any violent crimes have been and are being committed by persons under the influence of this drug. … [S]chool children … have been driven to crime and insanity through the use of this drug. Its continued use results many times in impotency and insanity.”

Anslinger made similar horrific pronouncements before members of the Senate, which spent even less time debating than the measure than had the House. By June, less than three months after the bill’s introduction, the House of Representatives voted affirmatively to pass the proposal, which was described by one congressman as having “something to do with something that is called marijuana. I believe it is a narcotic of some kind.”

Weeks later, after the Senate had approved their version of the bill, the House was asked to vote once again on the measure. Prior to the House’s final vote, one representative asked whether the American Medical Association had endorsed the proposal, to which a member of the Ways and Means Committee replied, “Their Dr. Wharton (sic) gave this measure his full support.” Following this brief exchange of inaccurate information, Congress gave its final approval of the Marihuana Tax Act without a recorded vote.

President Franklin Roosevelt promptly signed the legislation into law. The Marihuana Tax Act officially took effect on October 1, 1937 – thus setting in motion the federal government’s foray into the criminal enforcement of marijuana laws which continues unabated today.

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