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Why Marijuana is Illegal in USA - The Historical and Political Reasons

Exploring the historical and political factors that led to the prohibition of marijuana in the United States.

By Harry GarlowPublished about a year ago 3 min read
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Why Marijuana is Illegal in USA - The Historical and Political Reasons
Photo by manish panghal on Unsplash

Marijuana, also known as cannabis, has been a controversial substance in the United States for decades. Despite its medicinal and recreational uses, it remains illegal at the federal level and in most states. This article will explore the historical and political reasons behind marijuana's illegalization in the U.S. and provide insights into the ongoing debate surrounding its legalization.

Historical Context

Marijuana was not always illegal in the U.S. In fact, it was a widely used medicine in the 19th century, and hemp (a strain of cannabis) was a crucial crop for American farmers. However, attitudes towards marijuana began to shift in the early 20th century, fueled in part by anti-immigrant sentiment and racial prejudice.

One influential figure in the anti-marijuana movement was Harry J. Anslinger, the first commissioner of the Federal Bureau of Narcotics (FBN), which later became the Drug Enforcement Administration (DEA). Anslinger believed that marijuana use led to insanity, violence, and sexual deviance. He also used racist language to describe marijuana users, referring to them as "Mexican bandits" and "black savages."

Anslinger's views on marijuana were not supported by scientific evidence. In fact, a 1944 report by the New York Academy of Medicine concluded that marijuana was not a major cause of addiction or crime. However, Anslinger's propaganda campaign was successful in shaping public opinion and paving the way for marijuana's illegalization.

Political Factors

Marijuana's illegalization was also influenced by political factors. In 1937, Congress passed the Marihuana Tax Act, which effectively banned the use and sale of marijuana. The act was supported by a coalition of politicians, including conservative Republicans and Democrats from the South, who were concerned about the perceived threat of marijuana to American society.

The Marihuana Tax Act was later found to be unconstitutional, but it set the stage for the federal government's continued efforts to criminalize marijuana. In 1970, Congress passed the Controlled Substances Act, which classified marijuana as a Schedule I drug, alongside heroin and LSD. Schedule I drugs are considered to have a high potential for abuse and no medical value, despite evidence to the contrary.

The War on Drugs, which was launched by President Richard Nixon in 1971, further escalated the government's efforts to combat drug use and trafficking. The campaign was characterized by harsh penalties for drug offenses, including mandatory minimum sentences and three-strikes laws. Marijuana offenses accounted for a significant portion of drug-related arrests and incarcerations, disproportionately affecting communities of color.

Recent Developments

Despite the federal government's continued opposition to marijuana, public opinion has shifted in favor of legalization. As of 2021, 36 states and the District of Columbia have legalized medical marijuana, and 15 states and the District of Columbia have legalized recreational use. However, marijuana remains illegal at the federal level, creating a legal gray area that has complicated the regulation and distribution of marijuana.

There is also ongoing debate about the social and economic implications of marijuana legalization. Supporters argue that legalization would reduce drug-related violence, generate tax revenue, and provide relief for individuals suffering from medical conditions. Critics, on the other hand, express concerns about the potential for increased drug use and addiction, as well as the negative impact on public health and safety.

Conclusion

The illegalization of marijuana in the U.S. was influenced by a combination of historical, political, and social factors. The racist and unfounded claims made by Harry J. Anslinger and others laid the groundwork for the government's ongoing efforts to criminalize marijuana. However, shifting public opinion and changing attitudes towards drug use have led to increased support for legalization.

The ongoing debate surrounding marijuana highlights the complex and nuanced issues involved in drug policy and the need for evidence-based approaches that balance public health and safety with individual rights and freedoms. As society continues to grapple with the complex issue of marijuana legalization, it is important to acknowledge the historical and political factors that have shaped our current policies and to consider the potential benefits and drawbacks of alternative approaches.

Ultimately, the goal should be to create a drug policy that is grounded in scientific evidence, promotes public health and safety, and respects individual rights and freedoms.

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About the Creator

Harry Garlow

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