Federal Legal Status

At the end of the 19th century, hemp was a widely cultivated crop. A vital component of the agricultural landscape valued for its industrial uses such as fiber for textiles, paper, and rope. At the dawn of the 20th century, the temperance movement gained momentum, leading to increased scrutiny of various substances such as alcohol. Due to the Mexican Revolution (1910-1920) and the influx of Mexican immigrants into the United States, cannabis was associated with Mexican culture. Anti-Mexican sentiment influenced the demonization of the plant. Fearful of the perceived social and moral consequences, in the 1920s various states criminalized cannabis. At that time public awareness was limited and consumption was modest. Cannabis tinctures and extracts were available as over-the-counter remedies and pharmaceutical preparations. Cannabis was used as an ingredient in tonics promoted as remedies for pain, insomnia, and nervous disorders.

The Marihuana Tax Act of 1937 was the first comprehensive federal legislation that targeted cannabis. While it did not outright criminalize the possession or use of cannabis, it imposed stringent regulations and taxes on its cultivation, sale, and transportation. The head of the Federal Bureau of Narcotics, Harry Anslinger, played a crucial role in shaping public opinion against cannabis during this time. Anslinger pushed anti-cannabis propaganda that linked the substance to violence, insanity, and criminal behavior, contributing to the demonization of cannabis in the eyes of the American public. With cannabis products harder to find, the medical use of cannabis declined, and its association with deviant behavior and criminality grew.

The countercultural movements of the 1960s and 1970s finally challenged mainstream perceptions of cannabis. The use of cannabis became associated with broader cultural shifts of the time, including opposition to the Vietnam War, civil rights activism, and a rejection of traditional societal norms. This period witnessed a surge in cannabis consumption, particularly among the younger generation, leading to an increased demand for the plant. Smoking marijuana became a common method of consumption, and the drug became closely linked with anti-establishment sentiments. Cannabis use was often associated with rebellion, deviance, and a perceived threat to societal order. The “War on Drugs” rhetoric, initiated by President Nixon in the early 1970s, further vilified cannabis and contributed to the stigmatization of its users.

The 1980s and 1990s witnessed an escalation of the War on Drugs, with stringent anti-drug policies and harsh penalties for cannabis offenses. The Just Say No campaign, launched in the 1980s during Nancy Reagan’s tenure as First Lady, was a prominent aspect of the anti-drug efforts. The campaign aimed to discourage drug use, particularly among young people, through educational programs and media campaigns. While it became a significant cultural phenomenon, critics argued that it oversimplified the complexities of drug addiction and failed to address underlying social and economic issues. The Anti-Drug Abuse Act of 1986 and the Anti-Drug Abuse Act of 1988 introduced mandatory minimum sentences for drug offenses, disproportionately affecting individuals convicted of non-violent cannabis-related crimes. These laws contributed to the over-incarceration of individuals for low-level drug offenses.

When the United States began demonizing cannabis, many countries around the world followed suit by enacting similar prohibitionist policies. The adoption of the Single Convention on Narcotic Drugs of 1961, embedded the anti-cannabis sentiment into international drug policy for decades. Since then several countries have taken significant steps to legalize or decriminalize cannabis, reflecting a global shift towards more progressive drug policies. Canada fully legalized both medicinal and recreational marijuana in 2018 after nearly a century of prohibition. Uruguay legalized cannabis in 2013, regulating every level of the market, while Thailand completely legalized cannabis in 2022. Portugal took a pioneering stance on drug policy by decriminalizing the possession and use of all drugs, including cannabis, in 2001. Their model has been applauded as a successful example of harm reduction, emphasizing treatment and support over incarceration. The Netherlands decriminalized for personal use back in 1976, emphasizing regulation over prohibition. Many other countries have also recently decriminalized cannabis possession including Germany, Mexico, Belize, Colombia, Costa Rica, Ecuador, Jamaica and Peru.