by Jay Blaze
As this piece of work, I am working on for hours at the time, on the time line of laws that coincide with the timing of Marijuana prohibition and what lead up to it. I come across the exact same points I am trying to find and in a perfect timeline right here. However I feel it is imperative that I finish what I started just because I already started it...
Hard to be politically active and vocal about marijuana prohibition for to long to realize how...Politically Challenged our government is.
The United States created the anti-marijuana campaign which was still legal after cocaine and heroin were added to the the Harrison Narcotic Act of 1914. The law enacted that the importation, manufacturing, distribution, and the taxation of all opiates and chloral hydrates (medicinally formulated versions of cocaine and heroin still used today, in soaringly high numbers even after hundreds of thousands of deaths caused by these legally prescribed medicines). It also made it possible for the Internal Revenue Service (IRS) to keep track of how much was being prescribed by the amount they were taxed, because they were taxed on the the actual amount of opium prescriptions being prescribed.
Interesting how in 1914, the Harrison Narcotic tax Act of 1914 was referred to as simply, the Harrison Narcotic Act or the Anti-Narcotic act to some. The Marijuana Tax Stamp Act of 1937 was referred to in 1937, as just the Marijuana Act of 1937. It seems disgusting that through out history we felt the need to cloud perception and add TAX to these drug regulation bills and 'Acts' to make them sound as if they are helping us.
Sounds like the old fashion shakedown if I've ever heard of it. This is where a curiosity sparked my interested in the laws leading up to the Marijuana Act of 1937. Remember the time of Al Capone, the Mob, and Gangsters are all emerging from the prohibition of alcohol through the days leading up to Marijuana Prohibition as well. From 1920 through 1933 when we realized why spend money to fight a loosing battle when there is money to be made in regulating and taxing alcohol. Especially in the days following the market crash and the Great Depression we were coming up with what they referred to as "Revenue Producing Act's". In short, ways to generate taxable dollars inside the already available resources. Create money in a sense. All while sending money to aid foreign governments and freedom fighters of oppressed governments and people in struggling countries that are producing all the opium and cocaine that is so heavily being taxed and regulated. Even as current day Obama just recently pledged $200,000,000 to help Latin America fight their 'War on Drugs' and the local street gangs in their troubled local communities.
The street gangs and troubled communities that Obama means to help with the funding being sent there are the exact creations that our 'War on Drugs have birthed. Now we spend money helping the victims of our war. Why then wouldn't we stop that war?
The war I thought was started with the creation of the DEA and the Controlled Substance Act of 1970. Upon further research I followed the laws backwards through history trying to reach the beginning of this whole government controlled drug dealing ring and that's when I found the Harrison Narcotic Act of 1914 which lead me to the Narcotic Drug Import & Export Act and the creation of the Federal Narcotic Conference Board (FNCB) the first groups to overlook the importation and exportation of opiates(Heroin).
The first International Drug Control Treaty that the United States supported in regards to the regulation of Indian Hemp a.k.a. hashish. The International Opium Convention, signed in The Hague, the 3rd largest city in Netherlands behind Amsterdam and Rotterdam, was the treaty which banned the exportation of Indian Hemp to the countries that prohibited it's use unless they register for a certificate that would approve them to grow and export Opium "exclusively for medical or scientific purposes". However the convention did not ban the use/exportation of the European Hemp because of it's soft, durable fiber that is cultivated from it and it's low level of THC, the ingredient in Marijuana that make it psychoactive. The Hague also being the location of all foreign Embassies and Government Ministries.
The actual International Opium Commission was created in 1909 due to the increase in criticism of the opium trade, signed by Germany, USA, France China, the U.K., Italy, Japan, Netherlands, Persia, Portugal, Russia, and Siam this concluded:
"The contracting Powers Shall use their best endeavors to control or to cause to be controlled, all persons manufacturing, importing, selling, distributing, and exporting Morphine, Cocaine, and their respected salts, as well as the buildings in which these person(s) can carry such an industry or trade"
This further went on to be implemented in 1915 by the United States, Netherlands, China, Honduras, and Norway. Finally to go global in 1919when incorporated into the Treaty of Versailles as one of the final peace treaties of the Great War, later to be coined World War I. Signed June 28th 1919, can also be found in The League of Nation's Treaty Series.
So now my research has taken me into the early 20th century to find out Hemp and Cannabis are still very much legal and a vital part of the Medical community as well as the global economy.
Before the 1890's all these drugs, Morphine, Cocaine, Cannabis, Opiates, Chloral Hydrates, were all dealt with locally or at a State level. With the growing concern of dirty medicine and liquors the Pure Food and Drug Act was created in 1906 to prevent the manufacture, sale, or transport of any adulterated, misbranded, or poisonous Food, Medicine/Drugs,and/or liquor. Three years later, 1909, the first federal law to ban the use of non-medical substances, was introduced as the Smoking Opium Exclusion Act. Banning the importation, possession, and the use of "smoking Opium". However the act did not regulate Opium-based medications. This came later in 1914 with the Harrison Narcotic Act of 1914. This is when I ran across the proverbial 'Mother Load' at NAABT.org this listed in timeline chronologically as I was looking for and I realized someone has already done this homework project...as it felt like I was cheating after knowingly finding this all on my own before running across this...
1906 – Pure Food and Drug Act
Preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes. Punishment included fines and prison time.
1909 – Smoking Opium Exclusion Act
Banned the importation, possession and use of "smoking opium". Did not regulate opium-based "medications". First Federal law banning the non-medical use of a substance.
1914 – The Harrison Act
In summary, The Harrison Act of 1914 was written more to have all parties involved in importing, exporting, manufacturing and distributing opium or cocaine to register with the Federal Government and have taxes levied upon them. Exempt from the law were physicians operating “in the course of his professional practice”
1919 – Supreme Court ratified the Harrison Anti-Narcotic Act in Webb et al., v. United States and United States v. Doremus, then again in Jin Fuey Moy v. United States, in 1920, holding that doctors may not prescribe maintenance supplies of narcotics to people addicted to narcotics. However, it does not prohibit doctors from prescribing narcotics to wean a patient off of the drug. It was also the opinion of the court that prescribing narcotics to habitual users was not considered “professional practice” hence it then was considered illegal for doctors to prescribe opioids for the purposes of maintaining an addiction. It can be argued that today’s addiction medications are not intended to maintain an addiction but to facilitate addiction remission. In which case, this opinion of the court should not preclude practitioners from prescribing buprenorphine or methadone to patients suffering from an addictive disorder.
1924 – Heroin Act
Prohibited manufacture, importation and possession of heroin illegal – even for medicinal use.
1922 -- Narcotic Drug Import and Export Act
Enacted to assure proper control of importation, sale, possession, production and consumption of narcotics.
1927 -- Bureau of Prohibition
The Bureau of Prohibition was responsible for tracking bootleggers and organized crime leaders. They focused primarily on interstate and international cases and those cases where local law enforcement official would not or could not act.
1932 -- Uniform State Narcotic Act
Encouraged states to pass uniform state laws matching the federal Narcotic Drug Import and Export Act. Suggested prohibiting cannabis use at the state level.
1938 -- Food, Drug, and Cosmetic Act
The new law brought cosmetics and medical devices under control, and it required that drugs be labeled with adequate directions for safe use. Moreover, it mandated pre-market approval of all new drugs, such that a manufacturer would have to prove to FDA that a drug were safe before it could be sold
1951 -- Boggs Act
Imposed maximum criminal penalties for violations of the import/export and internal revenue laws related to drugs and also established mandatory minimum prison sentences.
1956 -- Narcotics Control Act
Increased Boggs Act penalties and mandatory prison sentence minimums for violations of existing drug laws.
1965 -- Drug Abuse Control Amendment
Enacted to deal with problems caused by abuse of depressants, stimulants and hallucinogens. Restricted research into psychoactive drugs such as LSD by requiring FDA approval.
1970 -- Controlled Substance Act | Controlled Substances Import and Export Act
These laws are a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances. The CSA places all substances that are regulated under existing federal law into one of five schedules. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V is the classification used for the least dangerous drugs. The act also provides a mechanism for substances to be controlled, added to a schedule, decontrolled, removed from control, rescheduled, or transferred from one schedule to another.
1973 – Drug Enforcement Agency
By Executive Order, the DEA was formed to take place of the Bureau of Narcotics and Dangerous Drugs.
1973 – Methadone Control Act
Establishes Federally funded clinics for prevention and treatment. Regulates licensing for dispensing methadone.
1986 -- Anti-Drug Abuse Act of 1986
Strengthened Federal efforts to encourage foreign cooperation in eradicating illicit drug crops and in halting international drug traffic, to improve enforcement of Federal drug laws and enhance interdiction of illicit drug shipments, to provide strong Federal leadership in establishing effective drug abuse prevention and education programs, to expand Federal support for drug abuse treatment and rehabilitation efforts, and for other purposes. It also re-imposed mandatory sentencing minimums depending on which drug and how much was involved.
1988 -- Anti-Drug Abuse Act of 1988
Established the Office of National Drug Control Policy (ONDCP) in the Executive Office of the President; authorized funds for Federal, state and local drug enforcement activities, school-based drug prevention efforts, and drug abuse treatment with special emphasis on injecting drug abusers at high risk for AIDS.
2000 -- Federal – The Drug Addiction Treatment Act of 2000 (DATA 2000)
It enables qualified physicians to prescribe and/or dispense narcotics for the purpose of treating opioid dependency. For the first time, physicians are able to treat this disease from their private offices or other clinical settings. This presents a very desirable treatment option for those who are unwilling or unable to seek help in drug treatment clinics. Patients can now be treated in the privacy of their doctor’s office, as are other people being treated for any other type of medical condition. One medicine doctors may now prescribe is Buprenorphine. The major downfall of this Act is the limitation of 30 patients per practice – which means that large facilities, no matter how many physicians are there, can only treat 30 patients at a time.
2002-- DEA reschedules buprenorphine from a schedule V drug to a schedule III drug, on October 7, 2002 - the day before the FDA approval of Suboxone and Subutex despite overwhelming objection by the medical community.
2004: June 2004 THE CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE
PATIENT RECORDS REGULATION AND THE HIPAA PRIVACY RULE:
Confidentiality of Alcohol and Drug Dependence Patient Records (summary) Code of Federal Regulations Title 42 Part 2 (42 CFR Part 2)
The confidentiality of alcohol and drug dependence patient records maintained by this practice/program is protected by federal law and regulations. Generally, the practice/program may not say to a person outside the practice/program that a patient attends the practice/program, or disclose any information identifying a patient as being alcohol or drug dependent unless:
- The patient consents in writing;
- The disclosure is allowed by a court order, or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or practice/program evaluation.
Violation of the federal law and regulations by a practice/program is a crime. Suspected violations may be reported to appropriate authorities in accordance with federal regulations. Federal law and regulations do not protect any information about a crime committed by a patient either at the practice/program or against any person who works for the practice/program or about any threat to commit such a crime. Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities.
sample consent form (MS-WORD)
2005: 08-02-2005 Public law 109-56, Amends the Controlled Substances Act to eliminate the 30-patient limit for medical group practices allowed to dispense narcotic drugs in schedules III, IV, or V for maintenance or detoxification treatment (retains the 30-patient limit for an individual physician). This amendment removes the 30-patient limit on group medical practices that treat opioid dependence with buprenorphine. The restriction was part of the original Drug Addiction Treatment Act of 2000 (DATA) that allowed treatment of opioid dependence in a doctor's office. With this change, every certified doctor may now prescribe buprenorphine up to his or her individual physician limit of 30 patients.
2006: On 12/29/2006 President Bush signed Bill H.R.6344 into law. This allows physicians who have been certified to prescribe certain drugs for the treatment of opioid dependence under DATA2000 to treat up to 100 patients (up from 30) by submitting an "intent" notification to the Dept of Health and Human Services. This is a major step forward in both fighting the stigma and allowing access to treatment previously not available to some. For more details see 30/100-PATIENT LIMIT
There in lies a huge loophole that leads to the largest group of drug dealers this society has ever seen and we call them the United States Government. The Drug Cartels that are now created were created from our drug laws and policies in the United States. Where there is war there will be death and crime.
Criminal entrepreneurial opportunity is set up by our ignorant drug laws that feed the underbelly of the dirty bloody rancid beast we call the Black Market, as if it's so bad. Well with our greed and need to control the drugs so bad now "Big Oil" and "Big Pharma" and the Timber companies, the cotton industry the Textile Industry as a whole is lobbying against Hemp not because of the negative properties as a drug and on society but because it is such great competition for their Petro-chemically derived nylon or one of many other polymer plastics and petroleum based fuels that Hemp would definitely put a hurting on the profits of these industries.
Unless they were the ones who embraced the possibilities of Hemp as an alternative to fuel as a bio-fuel and used it to conserve the finite fossil fuel we have left here on earth.
With the War on Drugs not happening right here in the streets of Middle America the violent deaths and murders that take place in the streets of Juarez, Mexico every day, because of the black market control over just the Marijuana into the United States because it's becoming less of a necessity as States are legalizing for medical and for every Patient growing their own the need for the illegal 'Cartel' chains of supply will eventually die down. Now imagine this, Obama give $200,000,000 to Latin America or any third world country to grow Hemp and teaches their culture how to re-sew the hemp and teach them how to make the fibers to make clothing and paper and all the materials possible from Hemp and you have a self sustaining society. Kind of like giving a man a fish and feeding him for a day, No teach him to fish and feed him for a lifetime. Well with the Oil polluting all of our water and air we breathe we won't be able to fish for too much longer so we better take full advantage of this Hemp thing because it can also provide us with nourishment. It's the only single plant that can clothe, food, shelter and medicate a human. Yet it is illegal?
With the Hemp investment in these foreign lands it will create their own economy based off Hemp. Creating jobs in not only the Hemp fields and Farmers but the building of the infrastructure to accompany this new Hemp based culture and the building of the manufacturing plants, warehouses, greenhouses, distribution warehouses the jobs created by the need for distribution of Hemp.
Hemp being the most versatile plant, this is possible all over the world. This could be the Mother Load that saves us all, we just have to let it.
Please do everything possible to spread the Truth about Marijuana Prohibition and the unconstitutional drug laws and drug policies specifically and strategically engineered purely for political gain by monetary manipulation through controlling the drug market through Regulation and Taxation by our Government.