Loading

Marihuana Tax Act

  • by Paul Armentano, NORML Deputy Director August 2, 2017

    norml_remember_prohibition2Eighty years ago today, on August 2, 1937, President Franklin Roosevelt signed House Bill 6385: the Marihuana Tax Act into law. The Act for the first time imposed federal criminal penalties on activities specific to the possession, production, and sale of cannabis.

    Congress’ decision followed the actions of 29 states, beginning with Massachusetts in 1914, that had previously passed laws criminalizing the plant over the prior decades. It also followed years of ‘Reefer Madness,’ during which time politicians, bureaucrats (led primarily by Federal Bureau of Narcotics Director Harry Anslinger), reporters, and science editors continually proclaimed that marijuana use irreparably damaged the brain. A 1933 editorial in the Journal of Criminal Law and Criminology largely summarized the sentiment of the time, “If continued, the inevitable result is insanity, which those familiar with it describe as absolutely incurable, and, without exception ending in death.”

    On April 14, 1937, Rep. Robert L. Doughton of North Carolina introduced HR 6385, which sought to stamp out the recreational use of marijuana by imposing a prohibitive federal tax on all cannabis-related activities. Members of Congress held only two hearings to debate the merits of the bill, which largely relied on the sensational testimony of Anslinger — who opined, ”This drug is entirely the monster Hyde, the harmful effect of which cannot be measured.” Over objections from the American Medical Association, whose representatives opposed the proposed federal ban, members of the House and Senate overwhelmingly approved the measure by voice votes.

    President Franklin Roosevelt promptly signed the legislation into law and on October 1, 1937, the Marihuana Tax Act officially took effect — thus setting in motion the federal prohibition that continues to this day.

    Tell Congress to end 80 years of failure. Click here to urge federal leadership to support The Marijuana Justice Act of 2017 in the US Senate and click here to support The Ending Federal Marijuana Prohibition Act of 2017 in the US House of Representatives.

  • by Paul Armentano, NORML Deputy Director October 1, 2012

    In a milestone that will no doubt go largely unnoticed by the mainstream media, today marks the 75th anniversary of the enactment of federal marijuana prohibition. On October 1, 1937, the US government criminally outlawed the possession and cultivation of cannabis — setting into motion a public policy that today results in some 850,000 arrests per year and has led to more than 20 million arrests since 1965.

    But times are changing. Now, for the first time, a majority of Americans say that they favor replacing this failed policy with one of cannabis legalization and regulation. Further, on November 6th, voters in three states — Colorado, Oregon, and Washington — will decide at the ballot box whether to allow for the limited legalization of cannabis for adults. According to the latest polls, voters Colorado and Washington appear ready to take this historic step, while Oregonians remain closely divided on the issue.

    That is why we have themed this week’s 41st national NORML Conference in Los Angeles ‘The Final Days of Prohibition’. (Conference registration information is here.) Today we reflect upon the decades of failure imposed by prohibition; tomorrow we look to the very near future when cannabis prohibition is abolished once and for all.

    Below is an excerpt from Chapter 4 of Marijuana Is Safer: So Why Are We Driving People to Drink? (2009, Chelsea Green) which looks back at how we got into this mess in the first place.

    By 1935, most states in the country had enacted laws criminalizing the possession and use of pot, and newspaper editors were frequently opining in favor of stiffer and stiffer penalties for marijuana users. As [US Federal Bureau of Narcotics’ Director Harry J.] Anslinger’s rhetoric became prominent, he found additional allies who were willing to carry his propagandist message to the general public. Among these were the Women’s Christian Temperance Union and the Hearst newspaper chain – the latter of which luridly editorialized against the “insidious and insanity producing marihuana” in papers across the country.

    Members of state and local law enforcement also joined the FBN’s anti-marijuana crusade. Writing in The Journal of Criminology, Wichita, Kansas, police officer L. E. Bowery asserted that the cannabis user is capable of “great feats of strength and endurance, during which no fatigue is felt.” Bowery’s toxic screed, which for years thereafter would be hailed by advocates of prohibition as the definitive ‘study’ of the drug, concluded:

    “Sexual desires are stimulated and may lead to unnatural acts, such as indecent exposure and rape. … [Marijuana use] ends in the destruction of brain tissues and nerve centers, and does irreparably damage. If continued, the inevitable result is insanity, which those familiar with it describe as absolutely incurable, and, without exception ending in death.”

    … By 1937, Congress – which had resisted efforts to clamp down on the drug some two decades earlier – was poised to act, and act quickly, to enact blanket federal prohibition. Ironically, by this time virtually every state had already ratified laws against cannabis possession. Nonetheless, local authorities argued that the marijuana threat was so great that federal intervention was also necessary.

    On April 14, 1937, Rep. Robert L. Doughton of North Carolina introduced House Bill 6385, which sought to stamp out the recreational use of marijuana by imposing a prohibitive tax on the drug. The measure was the brainchild of the U.S. Treasury Department, and mandated a $100 per ounce tax on the transfer of cannabis to members of the general public. Ironically, a separate anti-marijuana measure introduced that same year sought to directly outlaw possession and use of the drug. However this proposal was assumed at that time to have been beyond the constitutional authority of Congress.

    Members of Congress held only two hearings to debate the merits of Rep. Doughton’s bill. The federal government’s chief witness, Harry Anslinger, told members of the House Ways and Means Committee that “traffic in marijuana is increasing to such an extent that it has come to be the cause for the greatest national concern. … This drug is entirely the monster Hyde, the harmful effect of which cannot be measured.”

    Other witnesses included a pair of veterinarians who testified that dogs were particularly susceptible to marijuana’s effects. “Over a period of six months or a year (of exposure to marijuana), … the animal must be discarded because it is no longer serviceable,” one doctor testified. This would be the extent of ‘scientific’ testimony presented to the Committee.

    The American Medical Association (AMA) represented the most vocal opposition against the bill. Speaking before Congress, the AMA’s Legislative Counsel Dr. William C. Woodward challenged the legitimacy of the alleged ‘Demon Weed.’

    “We are told that the use of marijuana causes crime. But yet no one has been produced from the Bureau of Prisons to show the number of prisoners who have been found addicted to the marijuana habit. An informal inquiry shows that the Bureau of Prisons has no evidence on that point.

    You have been told that school children are great users of marijuana cigarettes. No one has been summoned from the Children’s Bureau to show the nature and extent of the habit among children. Inquiry of the Children’s Bureau shows that they have had no occasion to investigate it and no nothing particularly of it.

    … Moreover, there is the Treasury Department itself, the Public Health Service. … Informal inquiry by me indicates that they have no record of any marijuana or cannabis addicts.”

    Woodward further argued that the proposed legislation would severely hamper physicians’ ability to utilize marijuana’s therapeutic potential. While acknowledging that the drug’s popularity as a prescription medicine had declined, Woodward nonetheless warned that the Marihuana Tax Act “loses sight of the fact that future investigations may show that there are substantial medical uses for cannabis.”

    Woodward’s criticisms of the bill’s intent – as well as his questions regarding whether such legislation was objectively justifiable – drew a stern rebuke from the Chairman of the Committee. “If you want to advise us on legislation, you ought to come here with some constructive proposals, rather than criticism, rather than trying to throw obstacles in the way of something that the federal government is trying to do,” the AMA’s counsel was told. “Is not the fact that you were not consulted your real objection to this bill?”

    Despite the AMA’s protests, the House Ways and Means Committee approved House Bill 6385. House members even went so far as to elevate the Anslinger’s propaganda to Congressional findings of fact, stating:

    “Under the influence of this drug the will is destroyed and all power directing and controlling thought is lost. … [M]any violent crimes have been and are being committed by persons under the influence of this drug. … [S]chool children … have been driven to crime and insanity through the use of this drug. Its continued use results many times in impotency and insanity.”

    Anslinger made similar horrific pronouncements before members of the Senate, which spent even less time debating than the measure than had the House. By June, less than three months after the bill’s introduction, the House of Representatives voted affirmatively to pass the proposal, which was described by one congressman as having “something to do with something that is called marijuana. I believe it is a narcotic of some kind.”

    Weeks later, after the Senate had approved their version of the bill, the House was asked to vote once again on the measure. Prior to the House’s final vote, one representative asked whether the American Medical Association had endorsed the proposal, to which a member of the Ways and Means Committee replied, “Their Dr. Wharton (sic) gave this measure his full support.” Following this brief exchange of inaccurate information, Congress gave its final approval of the Marihuana Tax Act without a recorded vote.

    President Franklin Roosevelt promptly signed the legislation into law. The Marihuana Tax Act officially took effect on October 1, 1937 – thus setting in motion the federal government’s foray into the criminal enforcement of marijuana laws which continues unabated today.

  • by Paul Armentano, NORML Deputy Director April 29, 2011

    Marijuana prohibition ‘celebrates’ its centennial anniversary today. That’s right, the government’s war on cannabis consumers is now officially 100-years-old.

    Self-evidently, cannabis has won.

    Although many credit the passage of the federal Marijuana Tax Act of 1937 with the initiation of pot prohibition, the reality is that one hundred years ago today, Massachusetts Governor Eugene Foss signed the first statewide anti-pot prohibition into law. Following Massachusetts, over 30 states quickly followed suit — including California, Maine, Indiana and Wyoming in 1913 — leading the way for federal prohibition some two-and-a-half decades later.

    Of course, cannabis use was practically non-existent in Massachusetts (as well as in most of the rest of the country) in 1911. Yet today, 100 years following the plant’s criminalization, the state boasts one of the highest rates of pot use in the nation.

    Former NORML Board Member Richard Evans, author of Massachusetts House Bill 1371, the Cannabis Regulation and Taxation Act, nails it:

    “Despite a century of ever-zealous enforcement and thunderous propaganda at taxpayer expense, marijuana inextricably permeates our culture. Its cultivation, commerce and use have proven ineradicable. We have tried mightily and we have failed to extirpate it. If anyone, anywhere, believes that spending more money on marijuana enforcement will drive out pot, let that person come forward and tell us plainly what it will take to make that happen, how much it will cost, and where the money will come from.

    The futility of enforcement, however, is not the urgent reason to legalize it. The reason is that prohibition has become a destructive force in our society.

    Most perniciously, marijuana prohibition provides the tools and the excuses for the oppression of minorities. No historian denies that the early drug laws were conceived for that purpose, and today’s grotesquely disproportionate incarceration rate of African-Americans proves that the drug laws have shamefully accomplished that purpose.

    Prohibition divides us. Getting caught with pot, or the fear of getting caught, divides parents and teens, employers and employees, friends, neighbors, colleagues, doctors and patients, and citizens and the police. That divisiveness weakens us as we face colossal challenges like a sick economy, the insolvency of states and municipalities, climate change and our addiction to imported oil. As long as cannabis remains illegal, it cannot be a part of the solution to those colossal challenges.

    … Our immediate challenge is not to legalize cannabis, but to legalize serious talk about it, without smirks and snickers. How legalization can best protect public health and safety, and discourage abuse, and how to tax the substance, are issues not just for politicians, but for everyone. Legalization is no longer for stoners; it’s for taxpayers, entrepreneurs and grandparents, horrified at the likely state of the planet on which their grandchildren will grow up.

    Let the debate begin now, lest another hundred years go by.”