Home
Marijuana Prize Home Page Rules FAQs Press Release Benefits How You Can Help
The Marijuana Prize for Genetically Modified Marijuana Food

Major Studies of Marijuana and the Marijuana Laws

Year Country Title
1894 India Indian Hemp Drugs Commission Report

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

1929 US Panama Canal Zone Military Investigations (US Military, 1916-29)

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."

1944 US The LaGuardia Committee Report Mayor's Committee on Marihuana, The Marihuana Problem in the City of New York commissioned by Mayor Fiorello LaGuardia, written by the New York Academy of Medicine, and published by the City of New York in 1944

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."

1968 England Advisory Committee on Drug Dependence, Cannabis, (The Wootton Report)

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:

  1. There is no evidence that in Western society serious physical dangers are directly associated with the smoking of cannabis.
  2. It can clearly be argued on the world picture that cannabis use does not lead to heroin addiction.
  3. The evidence of a link with violent crime is far stronger with alcohol than with the smoking of cannabis.
  4. There is no evidence that this activity ... is producing in otherwise normal people conditions of dependence or psychosis, requiring medical treatment.
1970 Canada Canadian Government Commission of Inquiry into the Non-Medical Use of Drugs, (The Le Dain Report) Interim Report  -  Cannabis Report

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.

1970 US The Forbidden Fruit and the Tree of Knowledge: An Inquiry into the Legal History of American Marihuana Prohibition by Professors Richard J. Bonnie & Charles H. Whitebread, II, Virginia Law Review, Volume 56, October 1970 Number 6

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.

  1. 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.
  1. 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.
  2. 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.

1972 US The Consumers Union Report on Licit and Illicit Drugs, by Edward M. Brecher and the Editors of Consumer Reports Magazine

(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.
1972 US Marihuana: A Signal of Misunderstanding, US National Commission on Marihuana and Drug Abuse
The first recommendations of the commission were:
  1. 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.
  2. 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.

1979 Canada Cannabis Control Policy: A Discussion Paper  - Canadian Government - Health Protection Branch Department of National Health and Welfare - January 1979
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.
1982 US An Analysis of Marijuana Policy

Committee on Substance Abuse and Habitual Behavior, Commission on Behavioral and Social Sciences and Education, National Research Council, National Academy of Science, National Academy Press Washington D.C. 1982

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,

1988 US DEA Docket No. 86-22, DEA Chief Administrative Law Judge ruling on medical marijuana

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."

1989 US Report of the Research Advisory Panel for the State of California

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

  1. permit the possession of syringes and needles;
  2. permit the cultivation of marijuana for personal use; and
  3. 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."

1994 Australia Legislative Options for Cannabis. Australian Government

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.

1995 World Health Organization A Comparative Appraisal of the Health and Psychological Consequences of Alcohol, Cannabis, Nicotine and Opiate Use -WHO Project on Health Implications of Cannabis Use

This report by the World Health Organization states that cannabis use has fewer negative health consequences than either alcohol or tobacco.

1996 Australia The health and psychological consequences of cannabis use - National Drug and Alcohol Research Centre - Prepared for the National Task Force on Cannabis

Summary not yet available.

1998 UK House of Lords Report on Medical Marijuana Ordered to be printed November 4, 1998
 
1999 US Marijuana as Medicine - Assessing the Science Base
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
2000 UK Drugs and the Law - Report of the Independent Inquiry into the Misuse of Drugs Act, 1971 -  Chairman: Viscountess Runciman DBE
 
2000 Canada Canadian Senate Special Committee on Illegal Drugs 37th Parliament, 1st Session
(January 29, 2001 - September 16, 2002)  
 
Save This Page
Share on Facebook
Stumble It!
Delicious Bookmark this on Delicious
Add to Mixx!