The federal bureau of narcotics commissioner, harry anslinger, took on the case of making marijuana illegal. The reasoning seemed to be that addicts would move from one. Heroin, an opiate that was regulated in the harrison narcotic act, was specifically prohibited for use in the united states by another law in 1924. In this episode we begin with a brief history of the use of the cannabis plant, and the activities occurring just prior to the ratification of the 1937 marihuana tax act. Sure, the language of prohibition has changed over the years, but this is the law that. What were the results of the marijuana tax act of 1937. Sage reference marihuana tax act 1937 sage knowledge. The marihuana tax act of 1937 full text of the act drug library. It also imposed a tax upon all transfers of marijuana, with stamps reflecting payment. The apparent purpose of the act is to levy a token tax of approximately one. Act did not ban marijuana regulation by taxation as w the harrison act of 1914basically, made it very difficult to get it. The marihuana tax act of 1937 and the birth of a synthetic.
The panes are imperforate at the top, sides, and bottom, thus all of. I n the night of 6 october 1937, denver field agents of the federal bureau of narcotics fbn apprehended samuel r. The history of the nonmedical use of drugs in the united states a speech by professor charles whitebread to the california judges conference this contains a short history of the marijuana laws the forbidden fruit and the tree of knowledge, by professors richard bonnie and. While the potential of hemp was being explored by many farmers and entrepreneurs at the turn of the 20th century, the competition was quietly working in the background to take it out of the picture. The popular and therapeutic uses of hemp preparations are not categorically prohibited by the provisions of the marihuana tax act of 1937. Coming to terms with cannabis a discursive history of the. Paying the tax would incriminate oneself of later laws passed in the states not the 1937 tax act, that banned the drug entirely regardless of whether the tax was paid to the federal government. An act to impose an occupational excise tax upon certain dealers in. The marijuana tax act was imposed between 1937 and 1969 as an annual occupational tax, with payment reflected by a special tax stamp, on those who dealt in or possessed marijuana. The law, for the first time, imposed federal criminal penalties on activities specific to the possession, production and sale of cannabis, ushering in the modern era of federal prohibition. This act made it illegal to grow or distribute marijuana unless the grower obtained federal stamp. Pat harrison chairman, committee on finance, united states senate washington d. The act was drafted by harry anslinger and introduced by rep. The puzzle of the social origins of the marihuana tax act.
A few days later, denvers own samuel caldwell became anslingers poster boy as the first prosecution under the new marihuana tax act. If you have opened a veedverks starter kit or cartridge refill, you have encountered a sticker labeled with marihuana tax act of 1937. In 1937 the marijuana tax act went into law, industrial hemp was to be excluded from this law but due to lobbying efforts by chemical companies, petroleum companies, and the logging industry, that exclusion never took place. Instead, it implemented a host of taxes, restrictions, and regulations that made it almost impossible to purchase or sell weed in practice. Wealthy individuals such as dupont who at the time mainly worked with nylons, polymers, paper, plastics and owned gm motors was one of the people who would gain the most from the. Caidwell was the first accused violator of the newly passed marihuana tax act which made. This act may be cited as the marihuana tax act of 1937. Marijuana tax act 1937very few opposed the billlittle to no evidence that marijuana was the social menace that the media made it out to be. Marijuana tax stamps of 19371971 stamp collecting world. Since congress did not have the power to ban substances directly because of the 10th amendment, they needed an indirect method of prohibition. The provisions of the act are codified under title 26 of the united states code. The four documentary stamps of 1917, shown above sc.
The 100 dollar denomination was issued in panes of four, with a receipt tab attached to each of the stamps. Oliphant had undoubtedly been awaiting the courts decision, and the treasury department introduced its marihuana sic tax bill two weeks later, april 14. The date was august 2 nd, 1937 whereby a relatively empty 75 th congress instituted the marihuana tax act of 1937, after a mere 30 minutes of debate. It was in the 1930s that rockefeller standard oil, dupont, dow, hearst, and others were realizing huge profits from their investments and monopolies on oil, pharmaceuticals, chemicals, and timber.
B the british government was angry at americans for losing the french and indian war, and punished america with high taxes and restrictive laws. Congress signed the marihuana tax act of 1937 in august of that same year. Until just prior to the marihuana tax acts passage, however, anslingers suggested remedy for this problem was uniform state laws to handle the problem, for he doubted the constitutionality of federal attempts to control a drug where no importation from foreign countries was alleged. Defended ama against charges of violating the sherman antitrust act excerpts from dr. The marihuana tax act, however, was not strictly created to prohibit marihuana. Testified at marihuana tax act hearings as legal counsel for the ama 1938. As a result, when the act became law on october 1, 1937, arrests followed swiftly. Sure, the language of prohibition has changed over the years, but this is the law that set the precedent for the ongoing policies we live with todayor so the story goes. Heres everything you ever wanted to know about the marihuana tax act of 1937. Its passage was engineered by federal bureau of narcotics. American medical association opposes the marijuana tax act of 1937 american medical association bureau of legal medicine and legislation chicago, july 10, 1937 hon. The marihuana tax act of 1937 anslinger, oil, the birth.
The act did not criminalize the use or possession of marijuana. The united states marijuana tax act of 1937 made it illegal to grow cannabis without a license. The current status of medical marijuana in the united states. Woodwards testimony to the ways and means committee, u. The history of antimarijuana sentiment in federal law and how. The marihuana tax act of 1937 full text of the act. The marihuana tax act of 1937 is often misunderstood. Marihuana tax act of 1937 stamp required for legal import and export of the drug. The marihuana tax act of 1937 jama psychiatry jama network. By the 1930s, several state governments and other countries.
We use the stamps and the associated purple, orange, and green colors to identify our indica, sativa, and hybrid products. A farm bill, for instance, might contain provisions that affect the tax status of farmers, their management of land or treatment of the environment, a system of price limits or supports, and so on. Full text of the marihuana tax act as passed in 1937. The marihuana tax act of 1937 used a unique legal theory. The antimarihuana law of 1937 was largely the federal governments response to political pressure from enforcement agencies and other alarmed groups who. In 1941 popular mechanics introduced henry fords plastic car. The drive behind this act was mainly due to corporate greed and monopolistic gain. American medical association bureau of legal medicine and legislation chicago, july 10, 1937 hon. The marihuana tax act of 1937 and the birth of a synthetic economy.
For more background on the history of, and reasons for the marihuana tax act, see also these related documents. However, it included penalty and subjected marijuana possession to some regulations. Marihuana tax act of 1937 rises from the dead boulder weekly. The marihuana tax act of 1937 is often cited as the origin of the us federal governments ban on cannabis. Such a time was also appropriate for control of other dangerous substances. American medical association opposes the marijuana tax act of 1937. The marihuana tax act of 1937 was the first national marijuana prohibition law. It was the marijuana tax act, which was signed by harry anslinger, on august 2, 1937 facts. Marijuana tax act of 1937 did not criminalize the possession or use of cannabis, but levied a tax via a tax stamp on anyone who dealt commercially in marijuana. Marijuana tax act law and legal definition uslegal, inc.
Unfortunately for these manufacturers, however, the marihuana tax act of 1937 was passed26, putting a tax on hemp dealing that hemp in the. While this act did not criminalize cannabis or hemp as it is commonly thought, it did call for heavy taxation, strict. The supreme court held the act unconstitutional on selfincrimination grounds in 1969. Up until this law was passed, cannabis products were legal to sell in pharmacies and drug stores, so long as they were properly labeled and regulated, but it was during the 1930s that the mainstream attitudes towards cannabis began to sway greatly towards. The popular and therapeutic uses of hemp preparations are not. The marijuana tax act of 1937 made possession or transfer of cannabis illegal throughout the united states under federal law, excluding medical and industrial uses, in which an expensive excise tax was required. Just as the marihuana tax act of 1937 became obsolete in the late 1960s and was replaced, the controlled substances act of 1970 has become obsolete as a regulatory tool for marijuana and it too. As we know, in the early 1900s, marijuana products were available in drug stores, but in 1937, the us government made its first attempt towards reducing the consumption of weed. By the 1930s, several state governments and other countries had banned the drug. The firearms act, passed in june 1934, was the first act to hide congress motives behind a prohibitive tax. The apparent purpose of the act is to levy a token tax of approximately one dollar on all buyers, sellers, importers, growers, physicians, veterinarians. History of the marihuana tax act of 1937 all you need to. They were inspired by the national firearms act of 1934, which effectively outlawed machine guns through the requirement of a prohibitive tax.
The agenda setting for the actual marihuana tax act in 1937 was great. What it was and how it has shaped the legal and cultural landscape of cannabis. Pages in category marihuana tax act of 1937 the following 6 pages are in this category, out of 6 total. Trouble is, the federal government didnt hand out any licenses. The seventyfifth congress held hearings on april 27, 28, 29th, 30th, and may 4, 1937.
Roosevelt signed house bill 6385, the marihuana tax act, into law. The marijuana tax act of 1937 was imposed after growing public concerns about drug abuse, beginning with morphine abuse in the late 1800s. It made recreational marijuana illegal and set a heavy. The marihuana tax act of 1937 was originally passed to increase taxes on the use of hemp. Each of these individual provisions would, logically, belong in a different place in the code. American medical association opposes the marijuana tax act. The one, five, and ten dollar stamps were sold both perforated and imperforate. Caldwell, a 58yearold denver resident, was arrested for possessing and selling. The marihuana tax act of 1937 was drafted by infamous anticannabis prohibitionist harry anslinger, and signed into law on august 2, 1937. Eighty years ago, on august 2, 1937, president franklin d.