|
Major Studies of Marijuana and the Marijuana Laws
This 3,281-page, seven-volume classic report on the marijuana problem in India by
the British concluded: "Viewing the subject generally, it may be added that moderate
use of these drugs is the rule, and that the excessive use is comparatively exceptional.
The moderate use produces practically no ill effects." Nothing of significance in the
report's conclusions has been proven wrong in the intervening century
|
After an exhaustive study of the smoking of marijuana among American soldiers stationed
in the zone, the panel of civilian and military experts recommended that "no steps be
taken by the Canal Zone authorities to prevent the sale or use of Marihuana." The
committee also concluded that "there is no evidence that Marihuana as grown and used
[in the Canal Zone] is a 'habit-forming' drug."
|
This study is viewed by many experts as the best study of any drug viewed in its
social, medical, and legal context. The committee covered thousands of years of the
history of marijuana and also made a detailed examination of conditions In New York City.
Among its conclusions: "The practice of smoking marihuana does not lead to addiction
in the medical sense of the word." And: "The use of marihuana does not lead to
morphine or heroin or cocaine addiction, and no effort is made to create a market for
those narcotics by stimulating the practice of marihuana smoking." Finally: "The
publicity concerning the catastrophic effects of marihuana smoking in New York City is
unfounded."
|
This study report on marijuana and hashish was prepared by a group that included some
of the leading drug abuse experts of the United Kingdom. These impartial experts worked as
a subcommittee under the lead of Baroness Wootton of Abinger. The basic tone and
substantive conclusions were similar to all of the other great commission reports. The
Wootton group specifically endorsed the conclusions of the Indian Hemp Drugs Commission
and the La Guardia Committee. Typical findings included the following:
- There is no evidence that in Western society serious physical dangers are directly
associated with the smoking of cannabis.
- It can clearly be argued on the world picture that cannabis use does not lead to heroin
addiction.
- The evidence of a link with violent crime is far stronger with alcohol than with the
smoking of cannabis.
- There is no evidence that this activity ... is producing in otherwise normal people
conditions of dependence or psychosis, requiring medical treatment.
|
The distinguished Canadian experts on this governmental commission were led by law
school dean, later Supreme Court Justice, Gerald Le Dain. The report was similar to the
other great commission reports in terms of its non-martial, calm approach to the facts and
in its belief that marijuana use did not constitute a great threat to the public welfare.
The official governmental commission was remarkable in the extent to which its report
portrayed casual drug users as decent, thoughtful citizens whose views deserved the
fullest possible hearing by the government in the process of developing drug control
strategies.
A mother of four and school teacher was quoted in the report as saying: "When I
smoke grass I do it in the same social way that I take a glass of wine at dinner or have a
drink at a party. I do not feel that is one of the great and beautiful experiences of my
life; I simply feel that it is pleasant, and I think it ought to be legalized." The
commission did not ask for that change immediately but instead recommended that serious
consideration be given to legalization of personal possession in the near future. The
report also urged that police and prosecutors go easy on casual users and keep them out of
jail as often as possible.
|
This is the most definitive history of the marijuana laws. See The History of the Non-Medical Use of Drugs for the
author's short version of this history.
The authors concluded that the marijuana laws were motivated by three major factors.
- The first state marijuana prohibition law came in Utah in 1915 and was enacted into law
along with a number of other Mormon religious prohibitions.
- The early state marijuana laws in the Southwest and West were passed because "All
Mexicans are crazy and marijuana is what makes them crazy." That is, they were the
result of racial prejudice against newly arrived Mexican immigrants.
- The other early state marijuana laws were passed out of the fear that opiate addicts,
who had been deprived of legal access to opiates by the Harrison Tax Act of 1914, would
turn to marijuana. In other words, they were afraid that opiate use would lead to
marijuana.
The first Federal prohibition on marijuana was passed for reasons which can only be
described as "nonsense," including the racial reasons listed above, as well as
allegations that marijuana caused young lovers to elope. Interested readers may want to
review the original source documents under Marihuana
Tax Act of 1937.
|
(Highly Recommended) This is a
landmark study, a "must-read", used as a basic textbook at major universities.
It presents a comprehensive, fascinating and highly readable overview of the entire drug
issue. It is certainly one of the first books which should be read by anyone who wants to
know about this subject.
The recommendations in this report included:
- Consumers Union recommends the immediate repeal of all federal laws governing the
growing, processing, transportation, sale, possession, and use of marijuana.
- Consumers Union recommends that each of the fifty states similarly repeal its existing
marijuana laws and pass new laws legalizing the cultivation, processing, and orderly
marketing of marijuana-subject to appropriate regulations.
- Consumers Union recommends that state and federal taxes on marijuana be kept moderate,
and that tax proceeds be devoted primarily to drug research, drug education, and other
measures specifically designed to minimize the damage done by alcohol, nicotine,
marijuana. heroin, and other drugs.
- Consumers Union recommends an immediate end to imprisonment as a punishment for
marijuana possession and for furnishing marijuana to friends.*
- Consumers Union recommends, pending legalization of marijuana, that marijuana possession
and sharing be immediately made civil violations rather than criminal acts.
- Consumers Union recommends that those now serving prison terms for possession of or
sharing marijuana be set free, and that such marijuana offenses be expunged from all legal
records.
|
The first recommendations of the commission were:
- Possession of marihuana for personal use would no longer be an offense, but marihuana
possessed in public would remain contraband subject to summary seizure and forfeiture.
- Casual distribution of small amounts of marihuana for no remuneration, or Insignificant
remuneration not involving profit, would no longer be an offense.
The recommendations in this reports were endorsed by (among others) the American
Medical Association, the American Bar Association, The American Association for Public
Health, the National Education Association, and the National Council of Churches.
|
This report discusses a range of eight options for
cannabis control, ranging from complete prohibition to complete legalization. The
report recommends a form of "semi-prohibition" of cannabis, with no penalties
for personal use but retaining criminal penalties for trafficking:
Our primary concern is to minimize the health and safety risks
associated with the use of cannabis. The pursuit of this objective has required careful
consideration of the gravity of the harms attributed to cannabis and the countervailing
costs of any control measures. Given our empirical understanding of both the effects of
cannabis and the adverse consequences that flow from applying a counterproductive
possessory sanction, it appears, on balance, that essentially the same measure of public
health protection can be attained through a less comprehensive and injurious use of the
criminal law. Although a broad range of variations is possible, a legislative reform which
best achieves this balancing of interests would probably bear a close resemblance to the semi-prohibition
model.
|
The NAS Committee on Substance Abuse and Habitual Behavior was composed of some of the
leading American experts on medicine, addiction treatment, law, business, and public
policy. These experts reviewed all of the available evidence on every aspect of the
marijuana question. The committee then recommended that the country experiment with a
system that would allow states to set up their own methods of controlling marijuana as is
now done with alcohol. Under this approach, federal criminal penalties would be removed,
and each state could decide to legalize the drug and impose regulations concerning hours
of sale, age limits, and taxation.
In the same vein as all the previous major objective studies, this report stated that
excessive marijuana use could cause serious harm, that such use was rare, and that, on
balance, the current policy of total prohibition was socially and personally destructive.
The report placed great emphasis on building up public education and informal social
controls, which often have a greater impact on drug abuse than the criminal law. Regarding
the possibility of disaster for our youth under legalization, the report observed:
There is reason to believe that widespread uncontrolled use would not occur under
regulation. Indeed, regulation might facilitate patterns of controlled use by diminishing
the "forbidden fruit" aspect of the drug and perhaps increasing the likelihood
that an adolescent would be introduced to the drug through families and friends, who
practice moderate use, rather than from their heaviest-using, most drug-involved peers,
|
This is the ruling of the DEA's own Chief Administrative Law Judge which arose as the
result of a suit against the Federal Government, seeking to reschedule marijuana for
medical purposes. Before issuing his ruling, Judge Francis Young heard two years of
testimony from both sides of the issue and accumulated fifteen volumes of research. This
was undoubtedly the most comprehensive study of medical marijuana done to date. Judge
Young concluded that marijuana was one of the safest therapeutically active substances
known to man, that it had never caused a single human death, and that the Federal
Government's policy toward medical marijuana is "unconscionable."
|
This panel, appointed by the state legislature of California to regulate all research
on controlled substances, reviewed drug policy and recommended that "the legislature
act to redirect this, state away from the present destructive pathways of drug
control." The report noted that we had followed a path of prohibition over the last
fifty years and concluded that this policy "has been manifestly unsuccessful in that
we are now using more and a greater variety of drugs, legal and illegal." In
addition, the failure of prohibition has resulted in "societal overreaction (that]
has burdened us with ineffectual, inhumane, and expensive treatment, education and
enforcement efforts." They recommended a move toward the formulation of
"legislation aiming at regulation and decriminalization" and the winding down of
the war on drugs.
The Research Advisory Panel made three specific recommendations for initial legislative
action. These were
- permit the possession of syringes and needles;
- permit the cultivation of marijuana for personal use; and
- in order to project an attitude of disapproval of all drug use, take a token action in
forbidding the sale or consumption of alcohol in state-supported institutions devoted in
part or whole to patient care or educational activity.
The panel recommended immediate and innovative action, concluding it is
"incontrovertible that whatever policies we have been following over the past
generations must not be continued unexamined and unmodified since our actions to date have
favored the development of massive individual and societal problems."
|
This was the largest study of marijuana laws by the Australian Government.
The report identifies five policy options for controlling marijuana:
- total prohibition;
- prohibition with civil penalties for minor offences;
- partial prohibition;
- regulation; and
- free availability.
The report states in the Conclusion:
Our review suggests that two of the five legislative options discussed in Chapter 4 are inappropriate in contemporary Australian
circumstances. They are the options which we have characterised as 'total prohibition' and
'free availability'. The arguments for rejecting these options will not be repeated here
as they are detailed in Chapter 4.
We point out, however, that the cultivation, possession and supply of cannabis remain
an offence in all Australian States and Territories (and using it is an offence in most),
even though cannabis use is commonplace and little evidence exists that cannabis itself
causes significant harm when used in small quantities. Australian society experiences more
harm, we conclude, from maintaining the prohibition policy than it experiences from the
use of the drug.
|
This report by the World Health Organization states that cannabis use has fewer
negative health consequences than either alcohol or tobacco.
|
Summary not yet available.
|
| |
| Full text of the report issued by
the National Academy of Sciences - Institute of Medicine, as ordered by the US Director of
National Drug Control Policy |
| |
| |
|
|