Marijuana in the US:
1910 - Mexicans begin immigrating to the US in large numbers. They are widely acknowledged to have introduced the recreational use of marijuana to the American public.
1930 - The Federal Bureau of Narcotics is created.
1936 - Reefer Madness, a government-sponsored film demonstrating the dangers of marijuana, is released.
1937 - The Marijuana Tax Act is passed. This act requires individuals with a specific medical or industrial use of marijuana to pay a special tax. Recreational use or possession of marijuana is effectively outlawed by this act.
1944 - New York City Mayor LaGuardia commissions the New York Academy of Medicine to study the city’s marijuana problem. The so-called “LaGuardia Report” found that, contrary to popular belief, marijuana is not a gateway to harder drugs, does not play a role in the commission of other crimes, and is not medically addictive.
1972 - The Shafer Commission, appointed by President Nixon, releases a report on marijuana. The commission finds the concerns about pot to be highly exaggerated and strongly favors a “partial prohibition” whereby drug trafficking would still be a crime, but personal use and possession of marijuana would be legalized. Nixon rejects the commission’s recommendations.
1973 - NY passes strict drug laws that require mandatory sentencing for the possession or sale of even small amounts of marijuana
1982 - National Academy of Sciences issues a report that concludes, “Current policies directed at controlling the supply of marijuana should be seriously reconsidered.”
1996 - California legalizes the medical use of marijuana.
1998 - President Clinton signs an amendment to the Higher Education Act denying federal student aid to convicted drug offenders.
In New York, marijuana has been partially decriminalized, and simple possession of very small amounts by a first offender often results in nothing more than a civil citation for $100. The federal Drug Enforcement Administration (DEA), however, classifies marijuana as a Schedule I drug, which means it has a high potential for abuse, no currently accepted medical use, and is unsafe even under medical supervision. Although the federal courts don’t usually bother to prosecute minor drug cases, possession of even a small amount of marijuana could result in up to five years in federal prison and a $250,000 fine for a first time offender.
Despite these potentially serious consequences, over one-third of Americans have admitted to breaking the law by smoking pot. In addition, millions of Americans routinely violate these laws by buying, selling, growing, or smoking marijuana. This has led to increasingly intense debate about the effectiveness and appropriateness of US marijuana policy.
The Federal Legalization Debate
Marijuana legalization has been a hotly contested issue since at least 1970, when the National Organization for the Reform of Marijuana Laws (NORML) was created. Unfortunately, legalization is a highly politicized issue, and the arguments on both sides of the debate are often characterized by exaggerations, rhetoric, and half-truths.
For example, government documents and newspaper articles routinely claim that marijuana smoke is far more damaging for the lungs than tobacco smoke. Generally, this claim is based on a single study conducted in part by UCLA professor Dr. Donald Tashkin. Assessing the lung damage is a complex and difficult process, and the results of the study are less than conclusive about how marijuana compares to tobacco.
The Medical Post reports that Dr. Tashkin himself told a panel of medical experts, “My own feeling is that marijuana smokers probably will not develop emphysema as a consequence of smoking marijuana.” He cited the fact that regular pot smokers do far less actual smoking than regular tobacco smokers. He does caution, however, that other respiratory conditions could be caused by pot smoke and that more studies are still needed to fully assess the situation.
Even the venerable New York Times has come under attack for its role in the creation of an educational pamphlet funded by the Office of National Drug Control Policy, a federal program. According to Editor & Publisher Magazine, The Marijuana Policy Project has accused the Times of distorting facts by selectively quoting sources and by only including negative drug articles, despite the fact that it has often published articles on marijuana’s benefits. For its part, the Times claims that the pamphlet was put together by its business unit, and there was no input from editors or reporters.
Ironically, a careful examination of the Marijuana Policy Project’s own literature shows that they are occasionally guilty of selectively quoting sources. On their website, the MPP quotes an Institute Of Medicine report that says, “Earlier studies purporting to show structural changes in the brains of heavy marijuana users have not been replicated with more sophisticated techniques.” Although this phrase is included in the report, the MPP fails to include the very next sentence, “Recent studies have found subtle defects in cognitive tasks in heavy marijuana users after a brief period (19-24 hours) of marijuana abstinence.” The study in question concluded, “The question remains open as to whether this impairment is due to a residue of drug in the brain, a withdrawal effect from the drug, or a frank neurotoxic effect of the drug.”
The Nevada Ballot Initiative
This election day, Nevada residents will have the opportunity to cast their vote on a controversial and potentially groundbreaking amendment. Question Nine, also known as the marijuana initiative, has the potential to change the face of illegal drugs in this country. If the initiative passes in this election and again in the November 2004 election, the Nevada state constitution will be amended to allow for the production and sale of marijuana to adults for both medical and recreational use. “The use or possession of three ounces or less of marijuana by a person who has attained the age of 21 years is not cause for arrest, civil or criminal penalty, or seizure or forfeiture of assets,” reads the proposed amendment.
Although it’s obviously a drastic change, the authors of the initiative have been careful not to appear reckless. The amendment stipulates that the state legislature maintain penalties for driving stoned, smoking in any vehicle or public place, or on any prison or school premises. The ballot initiative also details a plan to move the current illegal drug trade to a regulated, taxed, government-controlled system.
Although Nevada is currently the center of debate for legal pot in the US, there are also other efforts underway. Voters in Arizona will decide if the state constitution should be amended so that residents caught with a small amount of pot for personal use would be punished with only a $250 civil fine. It is also likely that South Dakota will pass an initiative to legalize the production of industrial hemp, which is the same plant as marijuana but with only a very small amount of the mind-altering chemicals normally present.
Canadian Drug Laws Challenged
In June of 1999, the Canadian government gave permission for the production and distribution of marijuana for medical purposes. “This is about showing compassion to people, often dying, suffering from grave debilitating illness,” Health Minister Allan Rock told the Globe and Mail. Rock also told the paper that, at that time, he did not consider this as a step towards legalization.
On Sept. 16, 2002, however, the Canadian Senate Special Committee on Illegal Drugs released the final version of a report that advocated just that. The report, titled “Cannabis: Our Position For A Canadian Public Policy,” is an exhaustive four-volume analysis of the social, medical, and legal aspects of North America’s most popular illicit substance. Briefly, the report concluded that marijuana is not significantly more dangerous than alcoholic drinks and that the policy of prohibition is both ineffective and ill conceived. The report advocates the institution of a system for regulating marijuana distribution in a similar to way alcohol as is regulated. The senate report also calls for amnesty for any individual with an arrest for marijuana on their criminal record.
Many groups, such as the Canadian Police Association are strongly opposed to any changes to Canada’s drug laws, and many politicians are afraid to support legalizing pot because of the potential backlash from the United States. The Associated Press reports that the White House has threatened Canada with strict border checks that could hinder trade and hurt Canada’s economy in order to “protect our citizens” from an influx of Canadian marijuana. On the other hand, many American pro-legalization groups applauded the report. Ethan Nadelmann, the executive director of the Drug Policy Alliance, told The Ottawa Citzen that any positive changes to Canada’s drug laws will ultimately have a positive effect on US policy.
“It’s actually going to be a longer battle than you think,” lawyer and medical marijuana advocate Alan Young told a Sept. 30 demonstration in Toronto. “There are a lot of backward steps being taken.”
