Reefer Madness: Why was Marijuana Made Illegal in 1937?

If you are like most people reading this article, there’s a good chance you have been under the influence of either alcohol or marijuana at some time in your life. Don’t worry; I’m not going to tell anyone. Inhaling is the point, isn’t it? In fact, many experts believe it is an inherent, biological drive to alter one’s consciousness through the use of intoxicants. Drug use is universal. Every culture in history has used at least one psychoactive drug. Yes, drug-taking is so common that it appears to be a basic human activity.

According to a 2008 World Health Organization study, more than 90 percent of Americans have consumed alcohol during their lives, and almost 45 percent have used marijuana. Although both drugs are woven into the fabric of popular culture, booze and pot are portrayed in different ways. Alcohol is openly celebrated, often glamorized, aggressively marketed, and legal. Marijuana is commonly portrayed as highly addictive, causing permanent mental illness, being a dangerous “gateway” drug, and is illegal.

One book that encourages reassessing the way you think about these two drugs is Marijuana is Safer: So why are we driving people to drink? written by Steve Fox, Paul Armentano, and Mason Tvert. When I picked up this book, I was surprised to read a foreword written by a former chief of police. After all, regardless of how you view current marijuana laws, it is still illegal. Norm Stamper, former Chief of the Seattle Police Department, has decades of law enforcement experience, and he agrees that it’s very rare to have a night go by without an alcohol-related incident, usually several.

Stamper’s answer isn’t unique. Ask any police officer the last time he had to fight someone under the influence of marijuana alone – usually he will pause to think, and respond, “never.” Ask the same question regarding alcohol, and he will look at his watch to see how many hours ago he wrestled with “beer muscles”. Alcohol can fuel violent behavior where marijuana does not. Alcohol is a major contributing factor in crimes like homicide (not to mention vehicular manslaughter), sexual assault, and domestic violence.

The fact that marijuana does little social harm is the reason that most law reformers give as the primary reason to legalize marijuana; however, as the authors of this book demonstrate, by prohibiting marijuana, we are driving people toward a drug that far too many people abuse already, alcohol. But can marijuana be abused?

Of course, but if everything you learned about “Mary Jane” was in a high school health class or a government-sponsored pamphlet, then this book is required reading. There is ample scientific evidence contradicting many of the government’s most popular marijuana myths – such as the new “super potent” pot, and the use of cannabis leading to harder drugs.

If marijuana poses so little legitimate harm, then why does federal government spend tens of millions on campaigns designed to maintain the criminal prohibition of cannabis? Is it a moral crusade? Part of a larger cultural battle? Or does protection of corporate profits come into play? Marijuana has only been illegal since 1937. It’s not a recently discovered plant. Its known use dates back to 7,000 B.C., and can be used for textiles, rope, paper and much more. In fact, you could have been jailed for not growing hemp between 1763 and 1767 in the United States, and you could even pay your taxes with hemp. I wouldn’t advise trying that today.

Why marijuana is illegal is beyond the scope of Marijuana is Safer, but I delved deeper into the events that led to the Marijuana Tax Act of 1937. Hemp fiber threatened DuPont’s monopoly on the necessary chemicals for paper from trees, and patented Nylon, a synthetic fiber, the same year hemp was made illegal. Andrew Mellon, the primary financial backer of DuPont, was also the Secretary of the Treasury. He appointed Harry Anslinger, his nephew-in-law, to director of the Bureau of Narcotics and Dangerous Drugs, the predecessor of the Drug Enforcement Agency of today.

Anslinger was an ambitious man. He realized that cocaine and opiates wouldn’t be enough to build the agency. He was determined to make marijuana illegal at the federal level. He drew upon themes of violence and racism to draw national attention. Marijuana at the time was mostly used by Mexicans, and black Jazz musicians. He received additional help from William Randolph Hearst.

Hearst was the owner of a huge chain of newspapers, and had several reasons of his own to help. He was heavily invested in the timber industry to support his newspaper empire, and didn’t want to see the development of hemp paper. One acre of hemp can produce the equivalent of three acres of timber. Hearst used yellow journalism, and his known hatred of Mexicans, to spread lies about “loco weed”. Anslinger then brought his plan to Congress, even with the opposition of the American Medical Association. Do your history homework and draw your own conclusions.

Does punishing adults who make the decision to consume a less harmful substance than alcohol make legal sense? By legalizing marijuana, the authors conclude that we would not be adding another vice, but rather offering adults a safer alternative for relaxation and recreation. I personally believe it’s about freedom of choice. You ask, “Why marijuana should be legalized?” I ask, “Why should marijuana be illegal?”


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