Schaffer Library of Drug Policy |
The Consumers Union Report on Licit and Illicit Drugsby Edward M. Brecher and the Editors of Consumer Reports Magazine, 1972 Chapter 56. Marijuana is outlawedFollowing the legalization of weak beer in 1933 and the return of hard liquor the following year, the modest, localized popularity of marijuana during the Prohibition years might have declined further. But additional legal developments intervened. On January 1, 1932, the newly established Federal Bureau of Narcotics, a unit in the Treasury Department, took over from the Alcohol Unit of the department the enforcement of the federal anti-opiate and anti-cocaine laws; and former Assistant Prohibition Commissioner Harry J. Anslinger took over as commissioner of narcotics. Commissioner Anslinger had no legal jurisdiction over marijuana, but his interest in it was intense. The Bureau's first Annual Report under his aegis warned that marijuana, dismissed as a minor problem by the Treasury one year earlier, had now "come into wide and increasing abuse in many states, and the Bureau of Narcotics has therefore been endeavoring to impress on the various States the urgent need for vigorous enforcement of the local cannabis laws." 1 During his first year as commissioner of narcotics, Mr. Anslinger secured from the National Conference of Commissioners on Uniform Drug Laws the draft of a "Uniform Anti-Narcotics Act," designed for adoption by state legislatures. The conference failed to include a ban on marijuana in the main text of this model law; but it did supply to the states an "optional text applying to the restriction of traffic in Indian hemp." 2 Commissioner Anslinger and his bureau urged on the states the adoption of this "optional text" as well as the basic act; and state after state complied. Commissioner Anslinger's report for 1935 noted: "In the absence of Federal legislation on the subject, the States and cities should rightfully assume the responsibility for providing vigorous measures for the extinction of this lethal weed, and it is therefore hoped that all public-spirited citizens will earnestly enlist in the movement urged by the Treasury Department to adjure intensified enforcement of marijuana laws." 3 By 1937, forty-six of the forty-eight states as well as the District of Columbia had laws against marijuana. 4 Under most of these state laws, marijuana was subject to the same rigorous penalties applicable to morphine, heroin, and cocaine, 5 and was often erroneously designated a narcotic. Commissioner Anslinger's next campaign was for a federal marijuana law. Professor Howard S. Becker, a sociologist now at Northwestern University, has documented in detail the magazine phase of this campaign. The Readers' Guide to Periodical Literature, Professor Becker notes, failed to list a single article on marijuana from January 1925 through June 1935. 6 Four such national magazine articles, however, were indexed for the period July 1935 through June 1937, and seventeen more were indexed between July 1937 and June 1939. The production of anti-marijuana articles then tapered off again to four between July 1939 and June 1941, with one lone article indexed in the period July 1941 to June 1943. Of the seventeen articles during the peak of the drive, Professor Becker continues, "ten either explicitly acknowledged the help of the Bureau in furnishing facts and figures or gave implicit evidence of having received help by using facts and figures that had appeared earlier, either in Bureau publications or in testimony before the Congress. . . ." 7 Typical of the articles in this magazine campaign was one signed by Commissioner Anslinger himself, in collaboration with Courtney Ryley Cooper, which appeared in the American Magazine for July 1937. It contained such atrocity stories as the following:
Four of the sixteen other articles indexed in Readers' Guide for the peak period contained this same story. Many readers in the 1970s, familiar with the mild, often calming effect of marijuana on young people in their own neighborhoods, will dismiss these accounts of wild crimes of violence committed under the influence of the drug as sheer nonsense or malicious propaganda but this is far from certain. LSD, it will be recalled, was converted as a result of anti LSD publicity from a relatively bland drug before 1962 to a drug that evoked the most bizarre behavior after that date. It is quite possible that marijuana effects were similarly altered during the 1920s and 1930s that some children solemnly warned in advance that marijuana would madden them and cause them to commit the most awful crimes, including crimes of violence, really did lose self-control and commit such crimes thereafter when they smoked marijuana. Whether or not there was some truth in the anti-marijuana stories, however, the were certainly exaggerated as one of the cases reported in a 1937 bulletin of the Foreign Policy Association demonstrates. The cases presented in the bulletin were described as "culled at random from the files of the U.S. Bureau of Narcotics." 9 One such story concerned a young man identified as "J. O.," who was said to have confessed that he murdered a friend and put his body in a trunk "while under the influence of marijuana." 10 The story turned out to be partly true. Dr. Walter Bromberg, psychiatrist-in-charge at the Psychiatric Clinic, New York County Court of General Sessions, described the case of J. 0. in greater detail in a 1939 issue of the Journal of the American Medical Association. No doubt J. 0. really had murdered a friend and stuffed his body into a trunk. But the remaining details differed notably from the bureau's version. "J. 0. was examined in this clinic," Dr. Bromberg reported; "although he was a psychopathic liar and possibly homosexual, there was no indication in the examination or history of the use of any drug. The investigation by the probation department failed to indicate use of the drug marijuana." 11 The only known relationship of the crime to drugs was that the victim was a heroin addict. Dr. Bromberg's debunking of the story of J. O., however, did not retire that story from circulation. It bobbed up again, with additional verisimilitudinous details, in the United Nations Bulletin on Narcotics for April-June 1966, in an article by Dr. James C. Munch, identified as "Member, Advisory Committee, U.S. Bureau of Narcotics." In this version J. 0. was quoted as saying: "I was fearless after smoking marijuana cigarettes but would not have done this without marijuana." 12 The news media frequently may omit mentioning that a criminal was drunk on alcohol when he committed his crime, but when marijuana (or LSD) is supposedly involved in a case, that fact is often given prominence. Dr. Lawrence Kolb has supplied a striking example: "Two young men had some drinks of whiskey in a hotel room where they were celebrating. They then smoked a marijuana cigarette, after which they had some more whiskey and left the hotel room. Shortly thereafter, one of the men shot another man for some trifling reason. This story was played up in the press as a vicious, marijuana-induced murder." 13 Commissioner Anslinger's drive for federal as well as state anti-marijuana legislation shifted into high gear in 1937, when his superiors in the Treasury Department sent to Congress the draft of a bill that became the Marijuana Tax Act of 1937. This bill, modeled on the Harrison Narcotic Act of 1914, did not on its face actually ban marijuana. It fully recognized the medicinal usefulness of the substance, specifying that physicians, dentists, veterinarians, and others could continue to prescribe cannabis if they paid a license fee of $1 per year, that druggists who dispensed the drug should pay a license fee of $15 a year, that growers of marijuana should pay $25 a year, and that importers, manufacturers, and compounders should pay $50 a year. Only the nonmedicinal, untaxed possession or sale of marijuana was outlawed. 14 At hearings on this bill before Senate and House committees, Commissioner Anslinger appeared as the chief witness, buttressed by members of his staff. He told horror stories similar to the ones in his American Magazine article quoted above. Another witness was the prosecuting attorney from New Orleans, who told of how criminals used marijuana in that city. In addition to stressing the relationship between marijuana and crime, witnesses testified that marijuana "addicts" went crazy. 15 Curiously, Commissioner Anslinger himself refuted one charge against marijuana now commonly made. In the course of the House hearings, Representative John Dingell of Michigan remarked, "I am just wondering whether the marijuana addict graduates into a heroin, an opium, or a cocaine user." Commissioner Anslinger replied, "No, sir; I have not heard of a case of that kind. The marijuana addict does not go in that direction." 16 By 1955, however, Commissioner Anslinger was testifying before a Senate committee that "eventually if used over a long period, [marijuana] does lead to heroin addiction." 17 No medical testimony in favor of the proposed federal anti-marijuana law was presented at the 1937 Congressional hearings. Indeed, the only physician to testify was a representative of the American Medical Association and he opposed the bill. 18 Marijuana, he pointed out, was a recognized medicine in good standing, distributed by leading pharmaceutical firms, and on sale at many pharmacies. At least twenty-eight medicinal products containing marijuana were on the market in 1937. Although the proposed federal law preserved the right of physicians to prescribe marijuana and of pharmacists to dispense it, 19 an editorial in the Journal of the American Medical Association for May 1, 1937, vigorously opposed the legislation.
The JAMA editorial also took a dim view of the likelihood that the new law would succeed in its purpose of discouraging the nonmedicinal use of marijuana. Its words have a prophetic ring:
The proposed federal anti-marijuana law was also considered at the June 1937 convention of the American Medical Association in Atlantic City. The "Report of the AMA Committee on Legislative Activities" at that convention noted:
Dr. William Woodward, a specialist in legal medicine and a lawyer as well as a physician, testified as a representative of the board of trustees of the American Medical Association in opposition to the proposed marijuana legislation at the 1937 Congressional hearings. He pointed out that the case against marijuana rested merely on newspaper stories and was not proven, and he opposed the law as likely to be a nuisance to the medical profession. 25 Also testifying against the law were the distributors of birdseed, who complained that canaries would not sing as well, or might stop singing altogether, if marijuana seeds were eliminated from their diet. 26 Congress recognized the legitimacy of the opposition from the birdseed manufacturers, and the bill was amended before enactment to exclude sterilized marijuana seed. 27 But the AMA's opposition was ignored, and the law was passed without other amendment. Having secured both state and federal anti-marijuana legislation, Commissioner Anslinger's next goal was to drive marijuana out of legitimate medical practice, despite the promarijuana stand of the American Medical Association. One step in this direction was his successful effort to persuade Dr. Ernest Fullerton Cook, chairman of the Committee on Revision of the United States Pharmacopeia (U.S.P.), to have marijuana deleted from that official compendium. * Commissioner Anslinger made use of Dr. Cook's well-known opposition to "shotgun remedies" containing two or more active ingredients. I recollect very well my conversation with . . . Dr. Fullerton Cook in relation to removing marijuana from the Pharmacopeia," the former commissioner wrote in 1970. "He made the decision to remove it after I pointed out that it was being used purely in shotgun prescriptions. In one case, a woman had her prescription refilled 300 times and wound up in Bellevue Hospital as a mental case." 28
Commissioner Anslinger's campaign against medicinal use of marijuana was almost wholly successful. During the year ending December 31, 1970, only 38 American physicians paid their tax under the Marijuana Tax Act of 1937 and received licenses to prescribe marijuana. 29 Since 1937, restrictive legislation on marijuana has increased in quantity and severity. Most state marijuana laws specified that marijuana penalties should be the same as heroin penalties. Thus, as heroin penalties were escalated through the decades, marijuana penalties rose automatically. Nineteen states, moreover, made no distinction between mere possession of one marijuana cigarette and the sale of large quantities of heroin. Under both federal law and the laws of many states, as noted earlier, the giving or furnishing of a narcotic drug or of marijuana was included in the definition of "sale." Here are some of the penalties in force as of January 1, 1970: 30
Congress also from time to time escalated federal marijuana penalties along with federal heroin penalties. In 1951, mandatory minimum sentences were fixed for all marijuana offenses, and, all but first-time offenders were rendered ineligible for suspended sentence or probation. In 1956, the mandatory minimum for first-offense possession was fixed at two years (with a ten-year term possible). The mandatory minimum for a second possession offense was fixed at five years (with a twenty-year term possible), with parole as well as probation and suspended sentence prohibited. For sale offenses, the mandatory minimum was set at five years for a first offense and ten years for a second; terms of twenty years for a first offense and forty for a second were possible and parole as well as suspended sentence and probation were banned for all sale offenses. 31 The Comprehensive Drug Abuse Prevention and Control Act of 1970 subsequently reduced federal penalties for marijuana possession. As in the case of similar penalties for the possession or sale of heroin, these "mandatory" penalties were in fact rarely invoked; the offender was usually allowed to plead guilty to a lesser offense. When extreme penalties were handed down, there usually appeared to be some other reason some conduct or advocacy aside from involvement with marijuana. Ordinary people, it is commonly agreed, rarely draw such sentences. "In California," one youth leader explains, "it is illegal to smoke marijuana unless you have your hair cut at least once a month." 32 The children of governors, senators, and others in the public eye, when arrested for marijuana offenses, rarely receive even short prison terms. Inequities of sentencing are no doubt among the factors bringing the marijuana laws, and drug law enforcement generally, into disrepute. Continuing anti-marijuana propaganda kept pace with the continuing anti-marijuana legislation after 1937. And people generally believed the propaganda. In a National Institute of Public Opinion (Gallup) poll of a cross-section of 1,539 adults in 300 localities, made in October 1969, only 12 percent of the respondents thought that use of marijuana should be legalized; 84 percent were opposed, and 4 percent had no opinion. Among grade-school children, opposition to marijuana was even more prevalent; 6 percent thought it should be legalized, while 91 percent were opposed, and 3 percent had no opinion. 33 When adult respondents were asked to describe the effects of smoking marijuana, they gave the following replies. 34
"The total adds up to more than 100 percent since some persons gave more than one response," the Gallup organization explained. That only 3 percent of respondents considered marijuana "neither habit-forming nor harmful" is worthy of particular note. From the point of view of anti-marijuana laws and anti-marijuana publicity alike, the United States in the 1960s was superbly protected against this hated drug.
Notes
1. Bureau of Narcotics, U.S. Treasury Department, Traffic in Opium and Other Dangerous Drugs for the Year Ended December 31, 1932 (Washington, D.C.: U.S. Government Printing Office, 1933), p. 13. |