A man with a bit of power and enough determination decided pot was wicked, evil and narcotic. He moved mountains to make it illegal worldwide. In the U.S., the struggle continues to this day to overcome the lies and misconceptions about marijuana that the government spent billions to spread. Between 1937 and 1998, the government spent more than $300 billion on the war against drugs.
Marijuana came into the southwestern United States in the early 1900s with Mexican migrants who entered the country looking for work. Laborers enjoyed smoking marijuana after hard days in the fields. The local European Whites believed that marijuana gave the Mexicans "superhuman strength" and turned them into killers. In 1914 in El Paso, some white men were allegedly attacked by a Mexican man who had "gone crazy" on supposedly "killer weed." Following the incident, the El Paso City Council passed an ordinance banning possession of marijuana. The law was more about controlling the local Mexican populace than controlling marijuana, as the predominantly white constituency did not like the Mexicans or their customs.
Harry J. Anslinger Declares War on Marijuana The federal government gave control of illegal drugs to the Treasury Department, which created the Federal Bureau of Narcotics. Harry J. Anslinger, a prohibitionist, became the first commissioner of the Federal Bureau of Narcotics in 1930. He held the position until 1962. Anslinger declared war on drugs and effectively shaped America's views about marijuana.
In the 1930s, bales of marijuana (called muggles), tea and reefer were arriving in southern port cities such as New Orleans via West Indian sailors. Jazz musicians travelled north and took marijuana with them, making reefer parties popular in many major cities along the way.
When it became too expensive for the Bureau to pursue all drug cases on its own, Anslinger tirelessly campaigned and lobbied for the passage of the Uniform State Narcotic Act, which would require states to police drug trafficking and commit state resources for the war on drugs. Only nine states initially agreed, so Anslinger launched a nationwide media campaign declaring marijuana causes temporary insanity. The ads featured young people smoking marijuana, then behaving recklessly, committing crimes, killing themselves and others or dying from marijuana use. The propaganda campaign was a success and all states signed on.
In 1936, the propaganda film "Reefer Madness" was made in an attempt to scare young Americans away from using marijuana. The film directly stated that smoking marijuana causes insanity. In the film, a woman smokes marijuana, then laughs while a man who has smoked marijuana beats a third person to death.
Anslinger's propaganda campaign convinced the public that marijuana was in fact a "killer drug." Hysterical voters demanded action without seeing or hearing about any scientific research about marijuana or proof of the supposed harm that comes from smoking it. On October 2, 1937, without any open debate, scientific enquiry, or political objection, President Roosevelt signed the Marijuana Tax Law. The law made it illegal to possess marijuana in the U.S. without a special tax stamp issued by the U.S. Treasury Department. In theory, growing and selling marijuana was still legal as long as you bought the government tax stamp for $1.00. However, the Treasury Department did not issue any tax stamps for marijuana, effectively making growing, selling and possessing marijuana illegal under the Act.
On the very day the Marijunana Tax Stamp Act was passed, the FBI and Denver police raided the Lexington Hotel and arrested two people: Samuel R. Caldwell and Moses Baca. Three days later, Caldwell, a 58 year old unemployed laborer, became first person in the U.S. to be convicted of selling of marijuana without a tax stamp. He was sentenced to four years of hard labor in Leavenworth Penitentiary. Presiding Judge J Foster Symes, had previously stated that he considered marijuana to be the worst of all narcotics and vowed to impose harsh sentences for violations of the Marijuana Tax Act. Caldwell was also fined $1,000 for the two marijuana cigarettes that were found in his possession. Baca, who was his customer, was found guilty of possession of marijuana and was sentenced to 18 months in prison. Both men served their full sentences. Caldwell died a year after his release.
New York Mayor Takes a Stand Against Marijuana Prohibition Fiorello La Guardia, the mayor of New York, spoke out against the Marijuana Tax Stamp Act, saying the majority of Americans did not want the law and it should be abolished. He was skeptical of the government's claims and propaganda touting marijuana as a dangerous, evil, killer narcotic. La Guardia commissioned a six-year study by a group of 31 impartial scientists. After an in-depth scientific analysis, researchers concluded that marijuana does not cause violent, psychotic episodes, is not responsible for anti-social behavior, does not cause uncontrollable sexual urges and does not alter a person's core personality structure. In 1944, La Guardia's commission published a report of the findings, scientifically disproving all of Anslinger's propaganda and outlandish clams about the effects of smoking marijuana. Once again, Anslinger used his muscle with the press to discredit the report and destroyed every copy of the report he could. He then successfully blocked any further research by restricting the availability of marijuana.
Anslinger then began digging up dirt on anti-prohibitionists, and took special aim at the entertainment industry. Hollywood buckled under the pressure and gave Anslinger personal control over movie scripts that mentioned drugs. Any movie that Anslinger felt sent the wrong message was banned.
In the 1950s, Anslinger used a new scare tactic by producing propaganda claiming that marijuana was a gateway drug to heroin. Americans were concerned about a growing number of teens using heroin, so Anslinger used that concern as an opening to push his marijuana message once again. The media circulated the myth that most heroin-addicts were led down the path to disaster by marijuana and that most marijuana users become addicted to harder drugs.
In 1951, Anslinger supported an amendment to the Harrison Narcotic Act, introduced by Senator Hale Boggs, that would dramatically increase mandatory drug sentences. Boggs said that harsh sentences were needed for all drug offenses because drugs were a tool of Communist China. Truman signed the Boggs Act.
On a roll, Anslinger then pushed for even tougher drug laws and got President Eisenhower on board. The Narcotic Control Act put marijuana in the same drug class as heroin and added more severe penalties. A first conviction of possession of marijuana was punishable by a mandatory two to 10 years in prison. State drug laws also toughened up. In Missouri, a second conviction for possession of marijuana was eligible for a life sentence.
Propelled by his success in criminalizing marijuana and adding teeth to drug laws, Anslinger set his sights higher and went to the U.N. In 1961, Using the then-considerable influence of the United States, he convinced over 100 countries to consolidate their drug agreements into a single convention that would make marijuana illegal around the world. Anslinger was honored by JFK at his retirement in 1962.
In the 1960s, anti-drug propaganda was widely distributed with the message that smoking marijuana would not only make you lazy and irresponsible, but that you were also out of touch with reality and a threat to national security. Dr. Leo E. Hollister, the associate chief of staff and the Palo Alto Veterans Hospital in California conducted a study of the effects of marijuana and concluded that smoking marijuana makes people happy, friendly, intoxicated and sleepy. He found no reason to believe that smoking pot made people aggressive or led to addiction to other drugs.
Despite the propaganda, marijuana increased in popularity on college campuses across the country. Students spoke out about their marijuana use and gradually changed the public's perception of the drug. By 1965, an estimated 1 million Americans had tried marijuana. With events like Woodstock and popular groups such as the Grateful Dead, smoking marijuana became a part of pop-culture. By 1972, approximately 24 million Americans had tried marijuana.
Nixon's War on Drugs Nixon won the election on a campaign-platform for restoring law and order in the country. Since most criminal violations are handled by the states, he found that drug laws could allow him to be most effective. He launched Operation Intercept. Two thousand customs agents were deployed along the Mexican border in a military-style search and seizure mission to stop the flow of marijuana. Virtually no marijuana was found among the 5 million people who were searched and after three weeks the operation was abandoned. Nixon then decided to concentrate on police training to fight the war against marijuana. Almost immediately, marijuan-related arrests and convictions increased dramatically.
Don Crowe Sentenced to 50 Years Twenty-five year old Vietnam veteran Don Crowe was convicted of selling marijuana to an undercover cop. It was his first offense and the amount of marijuana was under an ounce. He was sentenced to 50 years in prison.
There was a push for marijuana reform as the public began to realize that marijuana laws were not effective and that the penalties were too harsh. A big wake-up call for many middle-class people was the fact that their own kids were the top demographic for arrests and prosecution. At a Senate hearing on marijuana legislation in 1969, Dr. Stanley Yolles estimated that 8 to 12 million people in the United States smoked marijuana and urged Congress to abolish mandatory minimum sentencing for drug offenses. Congress took the advice and passed Controlled Substances Act which eliminated mandatory minimums and reduced penalties for possession of marijuana.
Nixon continued his anti-drug crusade. He enlisted celebrities and used the media to spread the message, as well as funded a new study to identify the dangers of marijuana. Researchers found that using marijuana did not lead to crime, and that laws were selectively enforced and police targeted people with a certain look. They also found the cost of attempting to enforce marijuana laws far outweighed any deterrent effect of that enforcement. In 1972, The National Commission on Marijuana and Drug Abuse released a report which would be the most comprehensive study on marijuana ever done. The commission took the position that smoking marijuana in one's own home should not be criminalized. Nixon threw the report in the garbage can without ever reading it.
Nixon did not give up, and pushed forward with his war against marijuana. In 1972, all of the government's existing drug agencies were combined into one super-powerful agency, the Drug Enforcement Agency. The DEA was given the authority to enter homes without knocking, use wiretaps and gather intelligence on anyone.
In the 1970s, smoking marijuana became popular among middle-class adults, and activists revamped the movement for decriminalization.
In the 1980s, the Reagan administration launched its own war on drugs. An average of one person every 38 seconds was arrested for violating marijuana laws.
Judge Francis Law, a DEA administrative law judge, held hearings on the medical benefits of marijuana. He found that marijuana has a clearly established medical use and recommended that it be reclassified as a prescription drug. However, no action was taken to reclassify marijuana based on Law's findings.
Although Canada became the first country in the world to legalize medical marijuana in 2003, the U.S. Federal Government has been resistant to changing marijuana laws. California passed Proposition 215, the first U.S. medical marijuana law, in 1996. Today Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington have passed medical marijuana laws. Several other states are also considering legalizing medical marijuana.
U.S. Supreme Court Declines to Hear Medical Marijuana Case On May, 18, 2009, the U.S. Supreme Court declined to hear a dispute over California's medical marijuana law. Opponents of California's Compassionate Use Act argue that the law undermines federal drug laws. Last year, a California appeals court ruled that the state's medical marijuana law does not supersede federal drug laws.
The Fight for Reform and Medical Marijuana Continues Currently marijuana activists are working for marijuana reform and fighting for medical marijuana laws. The U.S. National Institute of Health spent $1 million on medical research to investigate the therapeutic effects of synthetic chemicals that mimic the effects of smoking marijuana. At Temple University, research is also being done on synthetic marijuana. Meanwhile, the U.S. government, which supposedly has no horse in the medical marijuana race, has patented medical marijuana. US Patent 6630507 was assigned to the United States of America, as represented by the Department of Health and Human services on October 7, 2003 and protects "Cannabinoids as antioxidants and neuroprotectants."
Types of marijuana
1. Big Bud Big Bud Marijuana is the winner of Holland's world famous Cannabis Cup in 1989. Big Bud is a massive producer with gnormous leaves.
2. Ice Ice Marijuana was developed to be stronger bolder than any other strain of marijuana. It's very sticky and very popular.
3. Skunk #1 Skunk #1 was developed for indoor cultivators. This particular strain was developed for the high yield grower that is looking to achieve large buds.
4. Northern Lights Northern Lights Marijuana has big crystalized leaves and was developed for high yield indoor growing. It has a strong earthy taste that is preferred by many.
5. New York City Diesel NYC Diesel is a super dense indoor strain that is also very smelly. It has the strong earthy taste of citric diesel fuel.
6. Lowryder Lowryder is unique in that it does away with the vegetative growth stage. It grows a set of leaves and begins flowering. Because of this it is one of the most easily concealed for the indoor grower.
7. Blueberry Blueberry is a high yield mosty indica strain that is a bit on the high maintenance end of growth but it has an amazing flavor and some amazing buds. Very popular with new smokers.
8. AK 47 AK 47 is very tangy. Its great for entire body sensation buzz. Especially popular for medical marijuana use.
9. Purple Power Another high yield growth strain that is primarily an outdoor strain with a sweet amber overtone.
10. Afghan Perfect for the outdoor cultivator, though it is also grown indoors. This strain is extremely rugged plant and is the lowest mntc of any strain of marijuana.
Why is Marijuana Illegal?
ADAMHA Reorganization. Transfers NIDA, NIMH, and NIAAA to NIH and incorporates ADAMHA’s programs into the Substance Abuse and Mental Health Services Administration (SAMHSA) Many people assume that marijuana was made illegal through some kind of process involving scientific, medical, and government hearings; that it was to protect the citizens from what was determined to be a dangerous drug.
The actual story shows a much different picture. Those who voted on the legal fate of this plant never had the facts, but were dependent on information supplied by those who had a specific agenda to deceive lawmakers. You’ll see below that the very first federal vote to prohibit marijuana was based entirely on a documented lie on the floor of the Senate.
You’ll also see that the history of marijuana’s criminalization is filled with:
Racism Fear Protection of Corporate Profits Yellow Journalism Ignorant, Incompetent, and/or Corrupt Legislators Personal Career Advancement and Greed These are the actual reasons marijuana is illegal.
For most of human history, marijuana has been completely legal. It’s not a recently discovered plant, nor is it a long-standing law. Marijuana has been illegal for less than 1% of the time that it’s been in use. Its known uses go back further than 7,000 B.C. and it was legal as recently as when Ronald Reagan was a boy.
The marijuana (hemp) plant, of course, has an incredible number of uses. The earliest known woven fabric was apparently of hemp, and over the centuries the plant was used for food, incense, cloth, rope, and much more. This adds to some of the confusion over its introduction in the United States, as the plant was well known from the early 1600's, but did not reach public awareness as a recreational drug until the early 1900's.
America’s first marijuana law was enacted at Jamestown Colony, Virginia in 1619. It was a law “ordering” all farmers to grow Indian hempseed. There were several other “must grow” laws over the next 200 years (you could be jailed for not growing hemp during times of shortage in Virginia between 1763 and 1767), and during most of that time, hemp was legal tender (you could even pay your taxes with hemp — try that today!) Hemp was such a critical crop for a number of purposes (including essential war requirements – rope, etc.) that the government went out of its way to encourage growth.
The United States Census of 1850 counted 8,327 hemp “plantations” (minimum 2,000-acre farm) growing cannabis hemp for cloth, canvas and even the cordage used for baling cotton.
The Mexican Connection
In the early 1900s, the western states developed significant tensions regarding the influx of Mexican-Americans. The revolution in Mexico in 1910 spilled over the border, with General Pershing’s army clashing with bandit Pancho Villa. Later in that decade, bad feelings developed between the small farmer and the large farms that used cheaper Mexican labor. Then, the depression came and increased tensions, as jobs and welfare resources became scarce.
One of the “differences” seized upon during this time was the fact that many Mexicans smoked marijuana and had brought the plant with them, and it was through this that California apparently passed the first state marijuana law, outlawing “preparations of hemp, or loco weed.”
However, one of the first state laws outlawing marijuana may have been influenced, not just by Mexicans using the drug, but, oddly enough, because of Mormons using it. Mormons who traveled to Mexico in 1910 came back to Salt Lake City with marijuana. The church’s reaction to this may have contributed to the state’s marijuana law. (Note: the source for this speculation is from articles by Charles Whitebread, Professor of Law at USC Law School in a paper for the Virginia Law Review, and a speech to the California Judges Association (sourced below). Mormon blogger Ardis Parshall disputes this.)
Other states quickly followed suit with marijuana prohibition laws, including Wyoming (1915), Texas (1919), Iowa (1923), Nevada (1923), Oregon (1923), Washington (1923), Arkansas (1923), and Nebraska (1927). These laws tended to be specifically targeted against the Mexican-American population.
When Montana outlawed marijuana in 1927, the Butte Montana Standard reported a legislator’s comment: “When some beet field peon takes a few traces of this stuff… he thinks he has just been elected president of Mexico, so he starts out to execute all his political enemies.” In Texas, a senator said on the floor of the Senate: “All Mexicans are crazy, and this stuff [marijuana] is what makes them crazy.”
Jazz and Assassins
In the eastern states, the “problem” was attributed to a combination of Latin Americans and black jazz musicians. Marijuana and jazz traveled from New Orleans to Chicago, and then to Harlem, where marijuana became an indispensable part of the music scene, even entering the language of the black hits of the time (Louis Armstrong’s “Muggles”, Cab Calloway’s “That Funny Reefer Man”, Fats Waller’s “Viper’s Drag”).
Again, racism was part of the charge against marijuana, as newspapers in 1934 editorialized: “Marihuana influences Negroes to look at white people in the eye, step on white men’s shadows and look at a white woman twice.”
Two other fear-tactic rumors started to spread: one, that Mexicans, Blacks and other foreigners were snaring white children with marijuana; and two, the story of the “assassins.” Early stories of Marco Polo had told of “hasheesh-eaters” or hashashin, from which derived the term “assassin.” In the original stories, these professional killers were given large doses of hashish and brought to the ruler’s garden (to give them a glimpse of the paradise that awaited them upon successful completion of their mission). Then, after the effects of the drug disappeared, the assassin would fulfill his ruler’s wishes with cool, calculating loyalty.
By the 1930s, the story had changed. Dr. A. E. Fossier wrote in the 1931 New Orleans Medical and Surgical Journal: “Under the influence of hashish those fanatics would madly rush at their enemies, and ruthlessly massacre every one within their grasp.” Within a very short time, marijuana started being linked to violent behavior.
Alcohol Prohibition and Federal Approaches to Drug Prohibition
During this time, the United States was also dealing with alcohol prohibition, which lasted from 1919 to 1933. Alcohol prohibition was extremely visible and debated at all levels, while drug laws were passed without the general public’s knowledge. National alcohol prohibition happened through the mechanism of an amendment to the constitution.
Earlier (1914), the Harrison Act was passed, which provided federal tax penalties for opiates and cocaine.
The federal approach is important. It was considered at the time that the federal government did not have the constitutional power to outlaw alcohol or drugs. It is because of this that alcohol prohibition required a constitutional amendment.
At that time in our country’s history, the judiciary regularly placed the tenth amendment in the path of congressional regulation of “local” affairs, and direct regulation of medical practice was considered beyond congressional power under the commerce clause (since then, both provisions have been weakened so far as to have almost no meaning).
Since drugs could not be outlawed at the federal level, the decision was made to use federal taxes as a way around the restriction. In the Harrison Act, legal uses of opiates and cocaine were taxed (supposedly as a revenue need by the federal government, which is the only way it would hold up in the courts), and those who didn’t follow the law found themselves in trouble with the treasury department.
In 1930, a new division in the Treasury Department was established — the Federal Bureau of Narcotics — and Harry J. Anslinger was named director. This, if anything, marked the beginning of the all-out war against marijuana.
Harry J. Anslinger
Anslinger was an extremely ambitious man, and he recognized the Bureau of Narcotics as an amazing career opportunity — a new government agency with the opportunity to define both the problem and the solution. He immediately realized that opiates and cocaine wouldn’t be enough to help build his agency, so he latched on to marijuana and started to work on making it illegal at the federal level.
Anslinger immediately drew upon the themes of racism and violence to draw national attention to the problem he wanted to create. He also promoted and frequently read from “Gore Files” — wild reefer-madness-style exploitation tales of ax murderers on marijuana and sex and… Negroes. Here are some quotes that have been widely attributed to Anslinger and his Gore Files:
“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.”
“…the primary reason to outlaw marijuana is its effect on the degenerate races.”
“Marijuana is an addictive drug which produces in its users insanity, criminality, and death.”
“Reefer makes darkies think they’re as good as white men.”
“Marihuana leads to pacifism and communist brainwashing”
“You smoke a joint and you’re likely to kill your brother.”
“Marijuana is the most violence-causing drug in the history of mankind.” And he loved to pull out his own version of the “assassin” definition:
“In the year 1090, there was founded in Persia the religious and military order of the Assassins, whose history is one of cruelty, barbarity, and murder, and for good reason: the members were confirmed users of hashish, or marihuana, and it is from the Arabs’ ‘hashashin’ that we have the English word ‘assassin.’”
Harry Anslinger got some additional help from William Randolf Hearst, owner of a huge chain of newspapers. Hearst had lots of reasons to help. First, he hated Mexicans. Second, he had invested heavily in the timber industry to support his newspaper chain and didn’t want to see the development of hemp paper in competition. Third, he had lost 800,000 acres of timberland to Pancho Villa, so he hated Mexicans. Fourth, telling lurid lies about Mexicans (and the devil marijuana weed causing violence) sold newspapers, making him rich.
Some samples from the San Francisco Examiner:
“Marihuana makes fiends of boys in thirty days — Hashish goads users to bloodlust.”
“By the tons it is coming into this country — the deadly, dreadful poison that racks and tears not only the body, but the very heart and soul of every human being who once becomes a slave to it in any of its cruel and devastating forms…. Marihuana is a short cut to the insane asylum. Smoke marihuana cigarettes for a month and what was once your brain will be nothing but a storehouse of horrid specters. Hasheesh makes a murderer who kills for the love of killing out of the mildest mannered man who ever laughed at the idea that any habit could ever get him….” And other nationwide columns…
“Users of marijuana become STIMULATED as they inhale the drug and are LIKELY TO DO ANYTHING. Most crimes of violence in this section, especially in country districts are laid to users of that drug.”
“Was it marijuana, the new Mexican drug, that nerved the murderous arm of Clara Phillips when she hammered out her victim’s life in Los Angeles?… THREE-FOURTHS OF THE CRIMES of violence in this country today are committed by DOPE SLAVES — that is a matter of cold record.” Hearst and Anslinger were then supported by Dupont chemical company and various pharmaceutical companies in the effort to outlaw cannabis. Dupont had patented nylon, and wanted hemp removed as competition. The pharmaceutical companies could neither identify nor standardize cannabis dosages, and besides, with cannabis, folks could grow their own medicine and not have to purchase it from large companies.
This all set the stage for…
The Marijuana Tax Act of 1937.
After two years of secret planning, Anslinger brought his plan to Congress — complete with a scrapbook full of sensational Hearst editorials, stories of ax murderers who had supposedly smoked marijuana, and racial slurs.
It was a remarkably short set of hearings.
The one fly in Anslinger’s ointment was the appearance by Dr. William C. Woodward, Legislative Council of the American Medical Association.
Woodward started by slamming Harry Anslinger and the Bureau of Narcotics for distorting earlier AMA statements that had nothing to do with marijuana and making them appear to be AMA endorsement for Anslinger’s view.
He also reproached the legislature and the Bureau for using the term marijuana in the legislation and not publicizing it as a bill about cannabis or hemp. At this point, marijuana (or marihuana) was a sensationalist word used to refer to Mexicans smoking a drug and had not been connected in most people’s minds to the existing cannabis/hemp plant. Thus, many who had legitimate reasons to oppose the bill weren’t even aware of it.
Woodward went on to state that the AMA was opposed to the legislation and further questioned the approach of the hearings, coming close to outright accusation of misconduct by Anslinger and the committee:
“That there is a certain amount of narcotic addiction of an objectionable character no one will deny. The newspapers have called attention to it so prominently that there must be some grounds for [their] statements [even Woodward was partially taken in by Hearst's propaganda]. It has surprised me, however, that the facts on which these statements have been based have not been brought before this committee by competent primary evidence. We are referred to newspaper publications concerning the prevalence of marihuana addiction. We are told that the use of marihuana 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 marihuana habit. An informed inquiry shows that the Bureau of Prisons has no evidence on that point.
You have been told that school children are great users of marihuana 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 know nothing particularly of it.
Inquiry of the Office of Education— and they certainly should know something of the prevalence of the habit among the school children of the country, if there is a prevalent habit— indicates that they have had no occasion to investigate and know nothing of it.
Moreover, there is in the Treasury Department itself, the Public Health Service, with its Division of Mental Hygiene. The Division of Mental Hygiene was, in the first place, the Division of Narcotics. It was converted into the Division of Mental Hygiene, I think, about 1930. That particular Bureau has control at the present time of the narcotics farms that were created about 1929 or 1930 and came into operation a few years later. No one has been summoned from that Bureau to give evidence on that point.
Informal inquiry by me indicates that they have had no record of any marihuana of Cannabis addicts who have ever been committed to those farms.
The bureau of Public Health Service has also a division of pharmacology. If you desire evidence as to the pharmacology of Cannabis, that obviously is the place where you can get direct and primary evidence, rather than the indirect hearsay evidence.” Committee members then proceeded to attack Dr. Woodward, questioning his motives in opposing the legislation. Even the Chairman joined in:
The Chairman: 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. It has not only an unselfish motive in this, but they have a serious responsibility.
Dr. Woodward: We cannot understand yet, Mr. Chairman, why this bill should have been prepared in secret for 2 years without any intimation, even, to the profession, that it was being prepared. After some further bantering…
The Chairman: I would like to read a quotation from a recent editorial in the Washington Times:
The marihuana cigarette is one of the most insidious of all forms of dope, largely because of the failure of the public to understand its fatal qualities.
The Nation is almost defenseless against it, having no Federal laws to cope with it and virtually no organized campaign for combating it.
The result is tragic.
School children are the prey of peddlers who infest school neighborhoods.
High school boys and girls buy the destructive weed without knowledge of its capacity of harm, and conscienceless dealers sell it with impunity.
This is a national problem, and it must have national attention.
The fatal marihuana cigarette must be recognized as a deadly drug, and American children must be protected against it. That is a pretty severe indictment. They say it is a national question and that it requires effective legislation. Of course, in a general way, you have responded to all of these statements; but that indicates very clearly that it is an evil of such magnitude that it is recognized by the press of the country as such. And that was basically it. Yellow journalism won over medical science.
The committee passed the legislation on. And on the floor of the house, the entire discussion was:
Member from upstate New York: “Mr. Speaker, what is this bill about?”
Speaker Rayburn: “I don’t know. It has something to do with a thing called marihuana. I think it’s a narcotic of some kind.”
“Mr. Speaker, does the American Medical Association support this bill?”
Member on the committee jumps up and says: “Their Doctor Wentworth[sic] came down here. They support this bill 100 percent.” And on the basis of that lie, on August 2, 1937, marijuana became illegal at the federal level.
The entire coverage in the New York Times: “President Roosevelt signed today a bill to curb traffic in the narcotic, marihuana, through heavy taxes on transactions.”
Anslinger as precursor to the Drug Czars
Anslinger was essentially the first Drug Czar. Even though the term didn’t exist until William Bennett’s position as director of the White House Office of National Drug Policy, Anslinger acted in a similar fashion. In fact, there are some amazing parallels between Anslinger and the current Drug Czar John Walters. Both had kind of a carte blanche to go around demonizing drugs and drug users. Both had resources and a large public podium for their voice to be heard and to promote their personal agenda. Both lied constantly, often when it was unnecessary. Both were racists. Both had the ear of lawmakers, and both realized that they could persuade legislators and others based on lies, particularly if they could co-opt the media into squelching or downplaying any opposition views.
Anslinger even had the ability to circumvent the First Amendment. He banned the Canadian movie “Drug Addict,” a 1946 documentary that realistically depicted the drug addicts and law enforcement efforts. He even tried to get Canada to ban the movie in their own country, or failing that, to prevent U.S. citizens from seeing the movie in Canada. Canada refused. (Today, Drug Czar John Walters is trying to bully Canada into keeping harsh marijuana laws.)
Anslinger had 37 years to solidify the propaganda and stifle opposition. The lies continued the entire time (although the stories would adjust — the 21 year old Florida boy who killed his family of five got younger each time he told it). In 1961, he looked back at his efforts:
“Much of the most irrational juvenile violence and that has written a new chapter of shame and tragedy is traceable directly to this hemp intoxication. A gang of boys tear the clothes from two school girls and rape the screaming girls, one boy after the other. A sixteen-year-old kills his entire family of five in Florida, a man in Minnesota puts a bullet through the head of a stranger on the road; in Colorado husband tries to shoot his wife, kills her grandmother instead and then kills himself. Every one of these crimes had been proceeded [sic] by the smoking of one or more marijuana “reefers.” As the marijuana situation grew worse, I knew action had to be taken to get the proper legislation passed. By 1937 under my direction, the Bureau launched two important steps First, a legislative plan to seek from Congress a new law that would place marijuana and its distribution directly under federal control. Second, on radio and at major forums, such that presented annually by the New York Herald Tribune, I told the story of this evil weed of the fields and river beds and roadsides. I wrote articles for magazines; our agents gave hundreds of lectures to parents, educators, social and civic leaders. In network broadcasts I reported on the growing list of crimes, including murder and rape. I described the nature of marijuana and its close kinship to hashish. I continued to hammer at the facts.
I believe we did a thorough job, for the public was alerted and the laws to protect them were passed, both nationally and at the state level. We also brought under control the wild growing marijuana in this country. Working with local authorities, we cleaned up hundreds of acres of marijuana and we uprooted plants sprouting along the roadsides.” After Anslinger
On a break from college in the 70s, I was visiting a church in rural Illinois. There in the literature racks in the back of the church was a lurid pamphlet about the evils of marijuana — all the old reefer madness propaganda about how it caused insanity and murder. I approached the minister and said “You can’t have this in your church. It’s all lies, and the church shouldn’t be about promoting lies.” Fortunately, my dad believed me, and he had the material removed. He didn’t even know how it got there. But without me speaking up, neither he nor the other members of the church had any reason NOT to believe what the pamphlet said. The propaganda machine had been that effective.
The narrative since then has been a continual litany of:
Politicians wanting to appear tough on crime and passing tougher penalties Constant increases in spending on law enforcement and prisons Racist application of drug laws Taxpayer funded propaganda Stifling of opposition speech Political contributions from corporations that profit from marijuana being illegal (pharmaceuticals, alcohol, etc.) … but that’s another whole story.
This account only scratches the surface of the story. If you want to know more about the history of marijuana, Harry Anslinger, and the saga of criminalization in the United States and elsewhere, visit some of the excellent links below. (All data and quotes for this piece came from these sources as well).
• The History of the Non-Medical Use of Drugs in the United States by Charles Whitebread, Professor of Law, USC Law School. A Speech to the California Judges Association 1995 annual conference.
• THE FORBIDDEN FRUIT AND THE TREE OF KNOWLEDGE: AN INQUIRY INTO THE LEGAL HISTORY OF AMERICAN MARIJUANA PROHIBITION by Richard J. Bonnie & Charles H. Whitebread, II. VIRGINIA LAW REVIEW. VOLUME 56 OCTOBER 1970 NUMBER 6
• The Consumers Union Report – Licit and Illicit Drugs by Edward M. Brecher and the Editors of Consumer Reports Magazine
• The History of the Marihuana Tax Act of 1937 By David F. Musto, M.D., New Haven, Conn. Originally published in Arch. Gen. Psychiat. Volume 26, February, 1972
• The Report of the National Commission on Marihuana and Drug Abuse I. Control of Marihuana, Alcohol and Tobacco. History of Marihuana Legislation
• The Marihuana Tax Act of 1937. The history of how the Marihuana Tax Act came to be the law of the land.
• Marijuana – The First Twelve Thousand Years by Ernest L. Abel, 1980