|Own your ow legal marijuana business||
Your guide to making money in the multi-billion dollar marijuana industry
|Major Studies of Drugs and Drug Policy|
|Indian Hemp Drug Commission Report|
Indian Hemp Drugs Commission
Tod H. Mikuriya, M.D.
This monumental study exposes the overriding and pervasive powers of contemporary
collective denial and moral failure underpinning policies of cannabis prohibition.
Motivated by convenient moralism, questions are repeatedly disingenuously raised
concerning the harm of hemp drugs, cannabis, or marijuana. The engine of agitprop
bureaucratic ire fires up. Hearings are scheduled, witnesses heard, proceedings
transcribed, summarized, presented to the requesting organization, discussed, filed, and
forgotten. The prohibition policies go on. Enforcement, corrections systems strain under
the demands of majoritarian magical beliefs in coercive powers of Government; promoted by
continuing self-serving Government misinformation and censorship. From the Indian Hemp
Drugs Commission's policy perspective, today's drug polices would be unthinkable.
In the century since the resolution passed the British House of Commons setting up the
Indian Hemp Drugs Commission that resulted in this massive inquiry documented in a nine
volume report there have been drastic changes in public policy in the United States and
The Indian hemp drug regulation policies were explicitly predicated upon optimal and
minimal government intervention.
The subsequent century in the United States, Great Britain, and Europe has seen
pandemic spread of prohibitionist authoritarian Government interference- the American
Disease- social experiment run amok.
Income taxes, mass conscription, and two world wars have seen regression from
utilitarian governance of enlightened non-interference to intrusive majoritarian
autocracy. Authoritative Government has become authoritarian. Less and less Government
justification and demonstrated necessity are needed. The principle of non-interference is
virtually inoperative. The space of human existence where a person reigns uncontrolled
contracts even further. The large departments of individualistic human life are contracted
or eliminated by laws, public and corporate policy.
The second intervention by Government; giving advice and promulgating information has
seen a parallel degradation. From legitimate and trustworthy dissemination of factual
information through the institutions of science and medicine to censorship, giving bad
advice, dissimulation and deception in the service of coercion and manipulation. The
ensuing chaos of ignorance, partial truths, and outright lies has produced a cacophonous
toxic confusion surrounding the use of hemp drugs. The font of contemporary knowledge is
now a stinking swamp, hopelessly poisoned by the ignorant fantasies, fears, and untruths
resulting from prohibitionists' drug propaganda efforts.
Fifty years after the Indian Hemp Drugs Commission Report in America the New York
Mayor's Committee on Marihuana reported on use of the drug after a five year study, seven
years after national marijuana prohibition. The perspective was based on the premise that
departments of human life and individual circle with uncontrolled reign did not include
the right to use marihuana. The authoritative Government intervention of Prohibition is
now accepted; the non-interference principle of the Millsean Indian Hemp Drugs
Administration policy; dead- a luxury enjoyed, ironically, by people of India subjugated
by the British imperium.
Descriptions of marihuana use were now from the perspective of studying the
characteristics of the users of this illicit drug: to what extent, method of distribution,
attitude of smoker toward society and use of the drug, relationship with eroticism, crime,
and juvenile delinquency. Discussions of legitimacy of Government intervention are by
implication discussing the relative dangerousness of marihuana. The legitimacy of
Prohibition as a social policy was neither justified nor discussed. Religious use or
freedom is not mentioned.
"I am glad that the sociological, psychological, and medical ills commonly
attributed to marihuana have been found to be exaggerated insofar as the City of New York
is concerned. I hasten to point out, however, that the findings are to be interpreted only
as a reassuring report of progress and not as encouragement to indulgence, for I shall
continue to enforce the laws prohibiting the use of marihuana until and if complete
findings may justify an amendment to existing laws."
In the 1970 revision in Government marihuana prohibition policy generated another
report in 1972: Marihuana: a Signal of Misunderstanding- First Report of the National
Commission on Marihuana and Drug Abuse.
Individual rights are at least discussed in order to be heavily discounted:
"So, while we agree with the basic philosophical precept that society may
interfere with individual conduct only in the public interest, using coercive measures
only when less restrictive measures would not suffice, this principle merely initiates
inquiry into a rational social policy but does not identify it. We must take a careful
look at this complicated question of the social impact of private behavior. And we must
recognize at the outset the inherent difficulty in predicting effects on the public health
and welfare, and the strong conflicting notions of what constitutes the public
"Religious freedom" as currently delineated by the Government places the
burden on the individual to pass certain "tests" to prove that hemp drugs used
for sacramental purposes:
"Cases dealing with religious freedom in other contexts have isolated three
distinct foci of inquiry when a law is challenged as violative of the "free
exercise" clause: (1) Is the claimant's belief and practice really a
"religion" within the meaning of the First Amendment? (2) If so, is the practice
prohibited by the challenged statute essential to the practice of the
"religion?" (3) Even if the answers to (1) and (2) are yes, is there
nevertheless a sufficiently compelling state interest to warrant overriding the practice?
Only when the proscribed activity is essential to a qualified "religion" and the
state's interest is not overwhelming will the courts invoke the First Amendment to
invalidate an otherwise permissible legislative proscription."
In the 1989 Carl Olsen, a white Rastafarian and director of Iowa NORML unsuccessfully
attempted a religious freedom defense for charges of marijuana selling and importation for
distribution to other members of the Ethiopian Coptic Zion Church.
"If the 'compelling interest' test is to be applied...it must be applied across
the board, to all actions thought to be religiously commanded... Any society adopting such
a system would be courting anarchy.... The rule respondents favor would open the prospect
of constitutionally required religious exemptions from civic obligations of almost every
conceivable kind- ranging from compulsory military service....to the payment of
Dutifully crafted by Judge Ruth Bader Ginsburg, now on the supreme court, no question
of how authoritative interference of Government is accepted to be appropriate public
policy. Religious freedom is now restricted to activity that must be asserted and proven
rather than assumed. Proving compelling interest has switched from the Government to the
Departments of human life were seen not to be imperiously guarded for the individual
but regarded with mistrust and source of opportunities for dissent against public policy.
At the height of the Vietnam war marijuana use was strongly identified with the growing
student antiwar resistance.
The non-intervention principle is at least recognized but the departments of
individuality and circle around the individual were routinely stepped over by Government
with justification in this case for national security. Militarism preempted any
considerations of individual rights of privacy. Departments of human life were small and
confined to cosmetic obligatory institutional ritual displays in the context of growing
public resistance to the American military industrial behemoth run amok in southeast Asia.
Notwithstanding the cautious conclusion of the Commission to critically examine the
policies of marijuana prohibition, the report was conspicuously rejected sight unseen by
then president Richard M. Nixon to demonstrate his being "tough on crime" in a
presidency struggling to end the Vietnam war.
Twenty-two years later on the centennial of the Indian Hemp Drugs Commission Report
finds the principle of Government non-interference is an all but forgotten faded
idealistic icon, given hollow obeisance at state ceremonies, a quaint philosophical
curiosity of the past. The circle around the individual is reduced to a pale, flaccid,
tattered, transparent, and permeable membrane. Intrusion is limited only by available
funding to Government interference. The worsening of the balance of power between the
individual and state has increased by an order of magnitude, facilitated by advances in
Toqueville in his prophetic Democracy in America warns of dangerous forms of despotism
in democratic, egalitarian America:
"A great many persons of the present day are quite contented with this sort of
compromise between administrative despotism and the sovereignty of the people; and they
think they have done enough for the protection of individual freedom when they have
surrendered it to the power of the nation at large. This does not satisfy me: the nature
of him I am to obey signifies less to me than the fact of extorted obedience."
"Thus it every day renders the exercise of the free agency of man less useful and
less frequent; it circumscribes the will within a narrower range and gradually robs a man
of all the uses of himself. The principle of equality has prepared men for these things;
it has predisposed men to endure them and often to look upon them as benefits.
After having thus successively taken each member of the community in its powerful grasp
and fashioned him at will, the supreme power then extends its arm over the whole
community. It covers the surface of society with a network of small complicated rules,
minute and uniform, through which the most original minds and most energetic characters
cannot penetrate, to rise above the crowd. The will of the man is not shattered, but
softened, bent, and guided; men are seldom forced by it to act, but they are constantly
restrained from acting. Such a power does not destroy, but it prevents existence, it does
not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till
each nation is reduced to nothing better than a flock of timid and industrious animals, of
which the government is the shepherd."
Attacked by oaths of "drug free," informers (including children), undercover
police, drug-sniffing dogs, random and warrantless searches, child snatching, drug
testing, forfeiture of property, surveillance of bank, business, electricity, and other
records, the departments of human life wither. The parts of human life considered reserved
territory are noticeably smaller- the individual, society and "civilization"
suffer the loss.
Review of the Indian Hemp Drugs Commission Report is important for perspective in
assessing the legitimacy and direction of contemporary Government drug policy in a
democratic society. Froude's theorem of functional governance: "no laws are of any
service which are above the working level of public morality, and evasion." was of
importance to feudal England, the Indian Hemp Drugs Commission in 1894 and a century later
a public policy issue of prime magnitude.
THM April 16, 1994
Contents | Feedback | Search | DRCNet Home Page | Join DRCNet
DRCNet Library | Schaffer Library | Major Studies | Indian Hemp Drugs Commission
Schaffer Library of Drug Policy
Major Studies of Drug and Drug Policy
Marihuana, A Signal of Misunderstanding - The Report of the US National Commission on Marihuana and Drug Abuse
Licit and Illicit Drugs
Short History of the Marijuana Laws
The Drug Hang-Up
Congressional Transcripts of the Hearings for the Marihuana Tax Act of 1937
Frequently Asked Questions About Drugs
Basic Facts About the Drug War
Charts and Graphs about Drugs
Information on Alcohol
Guide to Heroin - Frequently Asked Questions About Heroin
LSD, Mescaline, and Psychedelics
Drugs and Driving
Children and Drugs
Drug Abuse Treatment Resource List
American Society for Action on Pain
Let Us Pay Taxes
Marijuana Business News
Reefer Madness Collection
Medical Marijuana Throughout History
Drug Legalization Debate
Legal History of American Marijuana Prohibition
Marijuana, the First 12,000 Years
DEA Ruling on Medical Marijuana
Legal References on Drugs
GAO Documents on Drugs
Response to the Drug Enforcement Agency
|Drug Information Articles|
Taking a drug test:
How To Pass A Drug Test
Beat Drug Test
Pass Drug Test
Drug Screening Tests
Drug Addiction Treatment