Legality of cannabis in the United States

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U.S. Federal Bureau of Narcotics public service announcement used in the late 1930s and 1940s
U.S. Federal Bureau of Narcotics public service announcement used in the late 1930s and 1940s

Contents

[edit] Before 1937

Until 1937, consumption and sale of cannabis was legal in most U.S. states. In some areas it could be openly purchased in bulk from grocers or in cigarette form at newsstands, though an increasing number of states had begun to outlaw it. In that year, federal law made possession or transfer of cannabis without the purchase of a by-then-incriminating tax stamp illegal throughout the United States by passing the 1937 Marihuana Tax Act. This was contrary to the advice of the American Medical Association at the time.[1] Legal opinions of the time held that the federal government could not outlaw it entirely. The tax was $100 per pound of hemp, even for clothes or rope. The expense, extremely high for the time, was such that people stopped openly buying and making it. The decision of the United States Congress was based in part on testimony derived from articles in newspapers owned by William Randolph Hearst, who had significant financial interests in the timber industry, which manufactured his newsprint.[2]

[edit] DuPont

Some analysts theorize DuPont played a role in the criminalization of cannabis. [3] The company, suffering from declining post-war textile sales, wished to eliminate hemp fiber as competition. Many argue that this seems unlikely given DuPont's lack of concern with the legal status of cotton[4] , wool, and linen; although it should be noted that hemp's textile potential had not yet been largely exploited, while textile factories already had made large investments in equipment to handle cotton, wool, and linen.[citation needed] Others argue that DuPont wanted to eliminate cannabis because its high natural cellulose content made it a viable alternative to the company's developing innovation: modern plastic.[citation needed] Still others could argue that hemp could never truly compete with the high strength and elasticity of synthetics, such as nylon.[citation needed] Furthermore, hemp would have been an easy target due to the misconception of its equivalence to certain strains of cannabis having intoxicating effect, while no rational justification could have been made for outlawing cotton, wool, or linen.

[edit] Decriminalization

[edit] See also

[edit] Notes

  1. ^ Statement of Dr. William C. Woodward, Legislative Counsel, American Medical Association. Retrieved on March 25, 2006.
  2. ^ Additional Statement of H.J. Anslinger, Commissioner of Narcotics. Retrieved on March 25, 2006.
  3. ^ The Emperor Wears No Clothes, Chapter 4. Retrieved on October 21, 2006.
  4. ^ DuPont vs. United States, 300 U.S. 150 (1937). Retrieved on October 21, 2006.