Legal history of cannabis in the United States

"I grew hemp" defaced 1 dollar bill, USA, 1999. On display at the British Museum in London

The legal history of cannabis in the United States covers the regulation of cannabis (commonly known as marijuana) for medical, recreational, and industrial purposes. The legal status of cannabis has evolved significantly over time, influenced by various social, political, and economic factors.

Early History

Cannabis was widely used in the United States during the 19th century for medicinal purposes. It was included in the United States Pharmacopeia and was commonly prescribed by physicians. The plant was also used for industrial purposes, such as the production of hemp for rope and textiles.

Early 20th Century

The early 20th century saw increasing regulation of cannabis. The Pure Food and Drug Act of 1906 required labeling of any cannabis contained in over-the-counter remedies. The Harrison Narcotics Tax Act of 1914 further restricted the use of cannabis by imposing taxes on its sale and distribution.

The Marihuana Tax Act of 1937

The Marihuana Tax Act of 1937 was a pivotal piece of legislation that effectively criminalized cannabis. The Act imposed strict regulations and taxes on the cultivation, distribution, and possession of cannabis. This legislation was driven by a combination of economic interests, racial prejudices, and sensationalist media campaigns.

Controlled Substances Act of 1970

The Controlled Substances Act of 1970 classified cannabis as a Schedule I drug, indicating that it was considered to have a high potential for abuse and no accepted medical use. This classification has been a significant barrier to research and medical use of cannabis.

Medical Cannabis Movement

The late 20th century saw a resurgence in the medical use of cannabis. In 1996, California became the first state to legalize medical cannabis with the passage of Proposition 215. Since then, numerous states have enacted laws permitting the use of cannabis for medical purposes.

Recreational Legalization

The 21st century has seen a growing movement towards the legalization of cannabis for recreational use. In 2012, Colorado and Washington became the first states to legalize recreational cannabis. As of 2023, several states have followed suit, creating a patchwork of cannabis laws across the country.

Federal vs. State Law

The conflict between federal and state law remains a significant issue in the legal history of cannabis in the United States. While many states have legalized cannabis in some form, it remains illegal under federal law. This discrepancy creates legal and logistical challenges for individuals and businesses operating in the cannabis industry.

Related Pages

• Cannabis in the United States
• Cannabis law
• Cannabis (drug)
• Hemp
• Controlled Substances Act
• Proposition 215
• Marihuana Tax Act of 1937

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