Harrison Narcotics Tax Act

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The Harrison Narcotics Tax Act (ch. 1, 38 Stat. 785) was a United States federal law that regulated and taxed the production, importation, and distribution of opiates. The act was proposed by Representative Francis Burton Harrison of New York and was approved on December 17, 1914.[1]

"An Act To provide for the registration of, with collectors of internal revenue, and to impose a special tax on all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes." The courts interpreted this to mean that physicians could prescribe narcotics to patients in the course of normal treatment, but not for the treatment of addiction.

Although technically illegal for purposes of distribution and use, the distribution, sale and use of cocaine was still legal for registered companies and individuals.

Contents

[edit] History

[edit] International background

Following the Spanish-American War the U.S. took the Philippines. Confronted with a licensing system for opium addicts, a Commission of Inquiry was appointed to examine alternatives to this system. The Brent Commission recommended that narcotics should be subject to international control.

This proposal was supported by the United States Department of State and in 1906 President Theodore Roosevelt called for an international opium conference, the Shanghai Commission in 1909. In 1906 an imperial edict, had been published prohibiting the cultivation and smoking of opium in the Chinese Empire over a period of ten years. This was being implemented with greater success than had been anticipated[2] The British Empire had since the Opium war in the 1840s by military means forced China to allow a large import of opium from India.

A second conference was held at The Hague in 1911, and out of it came the first international drug control treaty, the International Opium Convention of 1912,

[edit] Domestic Background

In the 1800s opiates and cocaine were mostly unregulated drugs. In the 1890s the Sears & Roebuck catalogue, which was distributed to millions of Americans homes, offered a syrienge and a small amount of cocaine for $1.50.[3] Addicts of opium were very frequent. It has been estimated that one US. citizen of 400 was an addict of opium in 1914, much more frequent than today, and the number had increased fast for a number of years. [4] The opium addicts were mostly women who were prescribed and dispensed legal opiates by physicians and pharmacist for ”female problems”, probably mostly pain at menstruation, or white men and Chinese at the Opium dens. Between two-thirds and three-quarters of these addicts were women.[5]

"Of all the nations of the world,the United States consumes most habit-forming drugs per capita. Opium, the most pernicious drug known to humanity, is surrounded, in this country, with far fewer safeguards than any other nation in Europe fences it with." (Dr. Hamilton Wright, United States first Opium Commissioner, New York Times, 1911)[4]

At the beginning of the 20th century, cocaine began to be linked to crime. In 1900 the Journal of the American Medical Association published an editorial stating, "Negroes in the South are reported as being addicted to a new form of vice--that of 'cocaine sniffing' or the 'coke habit'." Some newspapers later claimed cocaine use caused blacks to rape white women and was improving their pistol marksmanship. Chinese immigrants were blamed for importing the opium-smoking habit to the U.S. The 1903 blue-ribbon citizens' panel, the Committee on the Acquirement of the Drug Habit concluded, "If the Chinaman cannot get along without his dope we can get along without him". By 1914 forty-six states had regulations on cocaine and twenty-nine states had laws against opium, morphine, and heroine.[3][6][7][8]

The , Dr. Hamilton Wright, appointed by Theodore Roosevelt, stated that "Cocaine is often the direct incentive to the crime of rape by the Negroes of the South and other sections of the country", even though there was no evidence to support this claim. Wright also stated that "One of the most unfortunate phases of smoking opium in this country is the large number of women who have become involved and were living as common law wives or cohabitating with Chinese in the Chinatowns of our various cities". [9][7]

[edit] Debate

In 1914, the Senate considered the Harrison bill. The act was supported by the Secretary of State William Jennings Bryan who urged that the law be passed to fulfill the obligation of the new international treaty.

Several authors have argued that the debate was merely to regulate trade and collect a tax. However, the committee report[10] prior to the debate on the house floor and the debate itself, discussed the rise of opiate use in the United States. Harrison stated that "The purpose of this Bill can hardly be said to raise revenue, because it prohibits the importation of something upon which we have hitherto collected revenue." Later Harrison stated, "We are not attempting to collect revenue, but regulate commerce." House representative Thomas Sisson stated, "The purpose of this bill--and we are all in sympathy with it--is to prevent the use of opium in the United States, destructive as it is to human happiness and human life."[11]

The drafters played on fears of “drug-crazed, sex-mad negroes” and made references to Negroes under the influence of drugs murdering whites, degenerate Mexicans smoking marijuana, and “Chinamen” seducing white women with drugs.[12][13] Dr. Hamilton Wright, testified at a hearing for the Harrison Act. Wright alleged that drugs made blacks uncontrollable, gave them superhuman powers and caused them to rebel against white authority. Dr. Christopher Koch of the State Pharmacy Board of Pennsylvania testified that "Most of the attacks upon the white women of the South are the direct result of a cocaine-crazed Negro brain".[3]

Before the Act was passed, on February 8, 1914 The New York Times published an article entitled "Negro Cocaine 'Fiends' Are New Southern Menace:Murder and Insanity Increasing Among Lower-Class Blacks" by Edward Huntington Williams which reported that Southern sheriffs had increased the caliber of their weapons from .32 to .38 to bring down Negroes under the effect of cocaine.[3][6][7]

[edit] Effect

The act appears to be concerned about the marketing of opiates. However a clause applying to doctors allowed distribution "in the course of his professional practice only." This clause was interpreted after 1917 to mean that a doctor could not prescribe opiates to an addict, since addiction was not considered a disease. A number of doctors were arrested and some were imprisoned. The medical profession quickly learned not to supply opiates to addicts. In 1919, the Supreme Court ruled in Doremus that the Harrison Act was constitutional and in Webb that physicians could not prescribe narcotics solely for maintenance.[5]

The impact of diminished supply was obvious by mid-1915. A 1918 commission called for sterner law enforcement. Congress responded by tightening up the Harrison Act-the importation of heroin for any purpose was banned in 1924. After other complementary laws (for ex. implementing the Uniform State Narcotic Act), and other actions by the government the number of addicts of opium started to decrease fast from 1925 to a level that in 1945 that was about one tenth of the level in 1914.

The use of the term 'narcotics' in the title of the act to describe not just opiates but also cocaine — which is a central nervous system stimulant, not a narcotic — initiated a precedent of frequent legislative and judicial misclassification of various substances as 'narcotics'. Today, law enforcement agencies, popular media, the United Nations, other nations and even some medical practitioners can be observed applying the term very broadly and often pejoratively in reference to a wide range of illicit substances, regardless of the more precise definition existing in medical contexts.

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[edit] Challenge

The Act's applicability in prosecuting doctors who prescribe narcotics to addicts was successfully challenged in Linder v. United States in 1925, as Justice McReynolds ruled that the federal government has no power to regulate medical practice.

[edit] Notes

  1. ^ Opium Throughout History. PBS Frontline. Retrieved on 2006-10-22.
  2. ^ UNOCD:The Shanghai Opium Commission
  3. ^ a b c d Cockburn, Alexander; Jeffrey St. Clair (1998). Whiteout: The CIA, Drugs and the Press. Verso. 1859841392. 
  4. ^ a b Edward Marshall: UNCLE SAM IS THE WORST DRUG FIEND IN THE WORLD, New York Times 1911
  5. ^ a b Stephen R. Kandall, M.D.:Women and Addiction in the United States—1850 to 1920
  6. ^ a b Levinson, Martin H. (2002). The Drug Problem: A New View Using the General Semantics Approach. Greenwood Publishing Group. 027596129X.  p. 14-15. Mentions New York Times article about drug crazed blacks.
  7. ^ a b c Thomas, Evan (September 15 1986). "America's Crusade". Time Magazine.  "A 1910 federal survey reported that "cocaine is often the direct incentive to the crime of rape by the Negroes in the South and other sections of the country. Southern sheriffs believed cocaine even rendered blacks impervious to .32-cal. bullets (as a result many police departments switched to .38-cal.)."
  8. ^ (September 1902) Proceedings of the American Pharmaceutical Association at the Fifteenth Annual Meeting.  p. 572 (Google Print)
  9. ^ Wetherington, Cora L.; Alan I Leshner (1999). Drug Addiction Research & the Health of Women. DIANE publishing. 0788180533.  Wetherington states that the 1909 Shanghai Commission made this comment.
  10. ^ Committee on Finance (Ways and Means Committee, Senate Reports, vol. 1, of the 63rd Congress, 2nd session on Senate Bill 6552, report #258, pp. 3-4)
  11. ^ Rowe, Thomas C. (2006). Federal Narcotics Laws and the War on Drugs: Money Down a Rat Hole. Haworth Press. 0789028085.  p. 14-15
  12. ^ "How did we get here?" (July 26 2001). The Economist.  "The drafters of the Harrison Act of 1914, the first federal ban on non-medical narcotics, played on fears of “drug-crazed, sex-mad negroes”."
  13. ^ McNamara, Joseph D. (2004). "The Drug War:The American Junkie". The Hoover Digest. 

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