22-Marijuana Reference Handbook
22-Marijuana Reference Handbook
22-Marijuana Reference Handbook
Marijuana
A REFERENCE HANDBOOK
Second Edition
David E. Newton
Copyright © 2017 by ABC-CLIO, LLC
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval system, or transmitted, in any form or by
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Library of Congress Cataloging-in-Publication Data
Names: Newton, David E., author.
Title: Marijuana : a reference handbook / David E. Newton.
Description: Second edition. | Santa Barbara, California :
ABC-CLIO, [2017] | Series: Contemporary world issues |
Includes bibliographical references and index.
Identifiers: LCCN 2016042067 (print) | LCCN 2016055665
(ebook) | ISBN 9781440850516 (alk. paper) |
ISBN 9781440850523 (ebook)
Subjects: LCSH: Marijuana—Therapeutic use—United States. |
Marijuana—History. | Drug legalization—United States.
Classification: LCC RM666.C266 N48 2017 (print) |
LCC RM666.C266 (ebook) | DDC 615.3/23648—dc23
LC record available at https://lccn.loc.gov/2016042067
ISBN: 978-1-4408-5051-6
EISBN: 978-1-4408-5052-3
21 20 19 18 17 1 2 3 4 5
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Contents
ix
x Contents
3 PERSPECTIVES, 133
Introduction, 133
Marijuana Is Not Safe and Is Not Medicine:
Peter Bensinger, 133
The Waiting Game: Mary Jane Borden, 138
An Effective Public Health Approach to Reduce
Marijuana Use: Robert L. DuPont, 141
Government Research Support and Marijuana
Legalization Brightens the Spotlight on
the Endocannabinoid System: Rachele
Hendricks-Sturrup, 147
Medical Marijuana: A Perspective: Arthur Livermore, 151
Lies and Deception: The Origins of Today’s Federal
Marijuana Policy: Duane Ludwig, 158
The Threat of Big Marijuana: Clara MacCarald, 162
Is Marijuana Medicine? The Answer Is Yes, No,
and Maybe: Kevin A. Sabet, 166
Common Sense Marijuana Policy Revisited:
Douglas McVay, 170
4 PROFILES, 177
Introduction, 177
Americans for Safe Access, 177
Harry J. Anslinger (1892–1975), 180
Steve DeAngelo (1958– ), 183
Lyster Hoxie Dewey (1865–1944), 185
Drug Free America Foundation, Inc., 186
Drug Policy Alliance, 189
xii Contents
7 CHRONOLOGY, 323
Glossary, 337
Index, 343
About the Author, 371
Preface to the First Edition
xv
xvi Preface to the First Edition
xix
xx Preface to the Second Edition
Introduction
The researchers were not quite sure what to make of their dis-
covery. The pottery shards they had found in their excavations
at Yangmingshan, close to modern Taipei, Taiwan, were obvi-
ously very old. And the decorations on the pottery had clearly
been made by some type of rope. But what was the rope made
of ? It was certainly one of the oldest woven materials the ar-
chaeologists had ever seen. Could it be that the fiber used to
decorate the pots was the oldest material of its kind in human
history?
As it turned out, this discovery was as exciting as the re-
searchers had hoped it would be. Further analysis proved that
the rope used to decorate the pottery fragments was made of
hemp, a material made from the plant now known as Can-
nabis sativa. Carbon dating of the fibers found that the hemp
was about 12,000 years old, dating back to a Neolithic society
known as the Tapenkeng culture (Booth 2005, 20). So, yes, the
hemp found in this archaeological dig may well be the oldest
fiber ever produced by humans.
3
4 Marijuana
the summer and produces its fruit in late summer to early fall.
It grows year-around in the tropics but is a deciduous annual
in temperate regions.
Cannabis belongs to a family of plants known as short-day
plants, plants that require some given amount of darkness in
order to flower. Flowering does not occur if nights are not long
enough, that is, if there is too much daylight within a 24-hour
period. Flowering of a short-day plant can be inhibited, for
example, simply by shining a bright light on the plant in the
middle of the night, thus interrupting the period of darkness it
requires for flowering. This characteristic explains the tendency
of cannabis plants to begin flowering later in the summer (after
the summer solstice, on or about June 21).
The C. sativa plant is often described as “leggy” because it
has long branches with large narrow-bladed leaves. The plant
also has large internodal distances. The internodal distance on
a plant is the space between two nodes on a stem (a node is the
point at which an individual leaf grows off the stem). The plant
has a large, sprawling root system.
The cannabis fruit is usually a shiny brown achene (a small,
dry fruit with a single distinct interior seed) that may be either
plain in color or marked in a variety of ways. At maturation, it
detaches from the plant and is blown away, the mechanism by
which the plant reproduces.
The subspecies C. indica differs from C. sativa in a number
of ways. First, it tends to be shorter and bushier than the main
species, with a more compact root system. Its leaves are broader,
a darker green, and more densely arranged on the plant than
in C. sativa. These traits tend to make it more popular among
growers who have a limited amount of space in which to locate
their plants, such as indoor growers. The subspecies also has
distinctly different pharmacological effects than those experi-
enced with the main species. C. indica is thought to have origi-
nated on the Indian subcontinent.
The subspecies C. ruderalis is even smaller and more compact
than C. indica. It is a scrubby plant of little interest to marijuana
6 Marijuana
Δ -tetrahydrocannabinol
9
Δ9-THC; THC
Δ8-tetrahydrocannabinol Δ8-THC
Cannabichromene CBC
Cannabicyclol CBL
Cannabidiol CBD
Cannabielsoin CBE
Cannabigerol CBG
Cannabinidiol CBND
Cannabinol CBN
Cannabitriol CBT
Cannabichromanone CBCN
Isocannabinoids
Cannabis in China
Much of what we know about the early history of cannabis
comes from China, where the plant became widely popular
with the rise of Chinese civilization. Indeed, in some of the old-
est documents available, ancient China was sometimes referred
to as “the Land of Mulberry and Hemp” (Booth 2005, 20). An
archaeological find in China of some interest that is similar to
the Taiwanese discovery was reported in 1974. It consisted of
a number of artifacts indicating the use of hemp in the culture
Background and History 13
. . . reached out the end of the staff that was in his hand
and dipped it into the honeycomb. He raised his hand to
his mouth, and his eyes brightened. (I Samuel 14: 27)
Background and History 21
Cannabis in Europe
As with other parts of the world, cannabis use appears to have a
long history in Europe. Perhaps the earliest reference to such use
dates to the third millennium bce in a grave site near modern-
day Bucharest. The grave site contained small vessels called pipe
cups that contained burned cannabis seed. Similar finds have
24 Marijuana
Source: West, David P. “Industrial Hemp Farming: History and Practice.” http://
www.druglibrary.org/schaffer/hemp/indust/indhmpfr.htm. Accessed on May 11,
2016. West’s data were apparently derived from J. Merritt Matthews and Herbert R.
Mauersberger, Matthews’ Textile Fibers: Their Physical, Microscopical, and
Chemical Properties, 5th ed., New York: J. Wiley & Sons, 1947, which, in turn,
apparently obtained its data from a U.S. Department of Agriculture Bulletin, B. B.
Robinson and A. H. Wright, “Hemp, Its Production and Use as a Fiber Crop,” 1941.
Background and History 39
Tax Act (Chapter 2) was passed. For most of the 20th century,
then, hemp farming was a largely insignificant component of
the U.S. agricultural system.
For all intents and purposes, adoption of the Marihuana Tax
Act of 1937 brought to an end the agricultural production of
hemp in the United States. Although that act was aimed pri-
marily at reducing the availability of marijuana as a recreational
drug in the country, a side effect was the prohibition on the
growing of cannabis plants that had any THC at all in them,
and that included hemp plants. Even though the level of THC
in hemp plants is very low (usually much less than 1%), it is
not zero. This provision of the act accounts for the production
of hemp in the country dropping to less than 250 tons by 1940.
World War II, however, created a challenge for the U.S. gov-
ernment with regard to the growing of hemp. A number of
products important to the war effort, for example, sail canvas,
rope, and military uniforms, had previously been made from
imported hemp or other fibers from countries now occupied
by the Japanese. To compensate for the loss of these fibers, the
U.S. government decided to provide waivers from the 1937 act
for farmers who were willing to start growing hemp again to
meet wartime needs. In 1942, the U.S. Department of Agricul-
ture (USDA) made a film Hemp for Victory, extolling the virtues
of hemp as a farm crop and encouraging American farmers to
start growing the crop as their contribution to the war effort.
(The USDA and Library of Congress later denied that such
a film was ever made, although they reversed that view when
copies of the film were later donated to the library.) The film is
in the public domain and can be viewed at a number of Inter-
net sites (e.g., see Evans 1942).
The USDA campaign to increase hemp production was suc-
cessful, with a huge upswing in the amount of land planted
with the crop; the amount of hemp produced peaked during
the middle of the war. (See Table 1.3.) However, the end of the
war saw the reimposition of federal controls on the planting
and harvesting of hemp, and production dropped essentially
40 Marijuana
Acreage Production
Year Planted to Hemp (long tons)
exclusively for research studies on hemp. The first such law was
adopted in Vermont in 1996 when the state legislature adopted
the Industrial Hemp Research Act, which became law without
the governor’s signature (or veto). Since that time, 28 states
have taken some type of action allowing the growth of hemp
for either industrial or commercial purposes or purposes of
research on the plant (State Industrial Hemp Statutes 2016;
[State Laws] 2015).
The federal government has also begun to change its views
on industrial hemp, albeit much more slowly than have the
states. In 2005, Representative Ron Paul (R-TX), with 11 co-
sponsors, introduced the Industrial Hemp Farming Act. The
bill never made it out of committee, but was re-introduced
in 2007, 2009, and 2011, and in 2012, 2013, and 2014 in
both the House and the Senate. None of these efforts made it
through both houses of Congress, although a breakthrough did
occur in 2014 with passage of the Farm Bill of 2013. That bill
contained a section (Section 7606) that allowed states that had
already adopted industrial hemp acts to carry out research pro-
grams on the growing of hemp. As of mid-2016, efforts are still
proceeding in the Congress to adopt a more sweeping action
that would allow the growing of industrial hemp with less than
0.3% THC ([Federal Law] 2015; [Section 7606] 2015).
Conclusion
Humans have known about and grown the cannabis plant for
more than 5,000 years. They have found a variety of uses for
the plant, including the manufacture of clothing, sails, rope,
and oils, as well as its inclusion in religious and ceremonial oc-
casions. It has also been used by many cultures for many differ-
ent medical applications. Finally, in the form of marijuana and
hashish, humans have used the cannabis plant for recreational
purposes. The United States as well as other nations and gov-
ernmental units have banned some or all of these uses at one or
another time in history. Over the centuries, the cannabis plant
has gone from being a highly respected, sometimes holy object
of veneration to one that is viewed with the greatest oppro-
brium by some cultures. Chapter 2 provides a review of how
this dramatic change came about, and the issues the change has
raised in modern societies around the world.
References
Abel, Ernest L. 1980. Marijuana: The First Twelve Thousand
Years. New York: McGraw Hill. Available online at http://
www.druglibrary.org/schaffer/hemp/history/first12000/
abel.htm. Accessed on May 8, 2016.
Acomplia. 2016. Drugs.com. http://www.drugs.com/acomplia
.html. Accessed on May 7, 2016.
“Antique Cannabis Book.” 2016. http://antiquecannabisbook
.com/. Accessed on May 11, 2016.
Background and History 43
www.parl.gc.ca/Content/SEN/Committee/371/ille/library/
spicer-e.htm#2. Central Asia. Accessed on May 8, 2016.
Stafford, Ned. 2009. “Synthetic Cannabis Mimic Found in
Herbal Incense.” Cannabis Culture. http://www.cannabis
culture.com/v2/news/synthetic-cannabis-mimic-found-
in-herbal-incense. Accessed on May 7, 2016.
Stanley, Alessandra. 1994. “Moscow Journal; Tattooed Lady,
2,000 Years Old, Blooms Again.” New York Times. Avail-
able online at http://www.nytimes.com/1994/07/13/world/
moscow-journal-tattooed-lady-2000-years-old-blooms-
again.html. Accessed on May 8, 2016.
“State Industrial Hemp Statutes.” 2016. National Conference
of State Legislatures. http://www.ncsl.org/research/agri
culture-and-rural-development/state-industrial-hemp-
statutes.aspx. Accessed on May 11, 2016.
[“State Laws”]. 2015. Vote Hemp. http://www.votehemp
.com/state.html. Accessed on May 11, 2016.
“The Third Voyage of Discovery Made by Captaine Jacques
Cartier, 1541.” 2003. Wisconsin Historical Society.
Available online at http://www.americanjourneys.org/pdf/
AJ-028.pdf. Accessed on May 10, 2016.
“Tudor: 1485 to 1558.” 2007. http://www.johnhmoore
.co.uk/hele/tudor.htm. Accessed on May 9, 2016.
United States v. Rush. 1984. 738 F.2d 497. Opinion at http://
www.ethiopianzioncopticchurch.org/Cases/rush.aspx.
Accessed on May 9, 2016.
U.S. Census Bureau. 1854. Statistical View of the United
States. Washington, DC: Beverley Tucker, Senate Printer.
Available online at http://www2.census.gov/prod2/decen
nial/documents/1850c-06.pdf. Accessed on May 11,
2016.
U.S. Census Bureau. 1870. The Statistics of the Wealth and
Industry of the United States. Washington, DC: Government
Printing Office. Available online at http://www2.census
50 Marijuana
.gov/prod2/decennial/documents/1870c-02.pdf. Accessed
on May 11, 2016.
Weiss, Brian L. 1980. [Summary of Psychiatric Examination
of Ethiopian Zion Coptic Church Members]. http://www
.ethiopianzioncopticchurch.org/Agency/amicus_19880713_
ex07.pdf. Accessed on May 9, 2016.
Young, W. Mackworth, et al. 1894. Report of the Indian Hemp
Drugs Commission, 1893–94. [n.p.]: Government Central
Printing Office, 1894. Also available online at http://www
.drugtext.org/Table/Indian-Hemp-Commission-Report/.
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2 Problems, Issues,
and Solutions
A woman puffs on a fake marijuana cigarette during the NYC Pride Parade
in New York on June 26, 2016. (AP Photo/Seth Wenig)
53
54 Marijuana
to anyone who did not hold such a license (Marihuana Tax Act
of 1937 1937, Section 2).
Federal authorities did not take long to put the Marihuana
Tax Act into effect. On October 1, 1937—the day the bill was
adopted—they arrested two men in Denver, Colorado, for pos-
session (Moses Baca) and selling (Samuel Caldwell) marijuana.
Judge Foster Symes sentenced Baca to 18 months in jail, and
Caldwell to four years at hard labor and a $1,000 fine (“The
First Pot POW” 2016). Note that some observers dispute this
story. (See, for example, Compilation of Publications, Inter-
views, Criminal Files and Photographs of Moses Baca & Samuel
Caldwell 2010.)
The Boggs Act was passed by Congress and became law on No-
vember 2, 1951, as 21 U.S.C. 174. The Boggs Act was signifi-
cant in a number of ways, primarily in the dramatic increase
in penalties it provided for drug possession and use. It estab-
lished a minimum mandatory sentence of two years for simple
possession of marijuana, cocaine, or heroin, with a maximum
sentence of five years; a minimum of 5 years and a maximum
of 10 years for a second offense; and a minimum of 10 years
and a maximum of 15 years for a third offense. In addition,
the Boggs Act was significant in that it was the first time that
marijuana, cocaine, and opiates had been included together in
a single piece of federal legislation.
The Boggs amendment was important not only as a piece of
federal legislation, but also because it served as a model that the
federal government urged states to use for their own state laws.
Many states took up the suggestion. Between 1953 and 1956,
26 states passed “mini-Boggs” bills. Some of the bills carried pen-
alties significantly more severe than those in the federal bill. The
law in Louisiana, for example, provided for a 5- to 99-year sen-
tence without the possibility of parole, probation, or suspension
of sentence for sale or possession of any illegal substance (Bon-
nie and Whitebread 1974, 210). Similarly, Virginia adopted a
Problems, Issues, and Solutions 69
For a very brief period of time, then, the United States had no
federal policy regarding the use of marijuana. That situation
was not, however, to last long. Even before the Supreme Court
decision in Leary v. United States, politicians were beginning
to grumble about the confused state of federal and state laws
relating not only to marijuana, but to other dangerous drugs as
well. In a special message delivered to Congress on February 7,
1968, for example, President Lyndon Johnson had described
the nation’s approach to drug control as “a crazy quilt of in-
consistent approaches and widely disparate criminal sanctions”
(Johnson 1968). Congress then began working on drug policy
legislation in earnest, producing the Comprehensive Drug
Abuse Prevention and Control Act of 1970. The act covered
virtually every aspect of drug manufacture, distribution, reg-
istration, and use in the United States. Arguably its most im-
portant part is Title II, the Controlled Substances Act of 1970
(CSA), which for nearly five decades has provided the basic
legislative framework for U.S. policy regarding illegal drug use
(The Controlled Substances Act of 1970 2015).
The CSA included provisions that represented significant
changes in the nation’s policies toward drug use. The first of
these changes was the decision to give up on taxation as a pri-
mary mechanism of drug policy and to adopt direct penalties
and punishment as a way of controlling drug use. In the act,
the United States abandoned the principle inherent in the 1937
Marihuana Tax Act that placing a tax on the manufacture, dis-
tribution, and use of drugs was an effective means of control-
ling the use of such products, and adopted the principle that
prison and jail sentences and monetary fines issued directly for
possession or distribution of drugs, instead, were likely to be
more effective in reducing (or eliminating) drug use.
In adopting the CSA, Congress also expressed a very dif-
ferent view about the severity of punishment appropriate for
drug use. Senator Thomas Dodd (D-CT) expressed this view
in hearings on the (as it was known at the time) Controlled
Dangerous Substances Act of 1969. He observed,
74 Marijuana
Reflecting this new view of “the drug problem,” the CSA elimi-
nated many of the most severe penalties for drug abuse, in-
cluding the harsh minimum sentences established by the Boggs
amendment. Congress had apparently come to the conclusion
that such penalties simply did not work.
The CSA also included provisions for prevention, treatment,
and research programs for drug users, a striking change in the
previous position that such individuals were dangerous crimi-
nals who needed to be punished and/or excluded from society.
As an example, the act expanded the availability of methadone
treatment for heroin addicts, which dramatically altered the
way such individuals were handled in the United States. It also
provided for the creation of the Special Action Office for Drug
Abuse Prevention, which marked a promising new avenue to
research on drug prevention and treatment.
Additionally, the act reversed a long-standing policy that in-
cluded cannabis along with cocaine and opiates in drug laws
and policies. Instead, Part F of the act established a commis-
sion to study in more detail the special and unique problems
posed by cannabis use in the United States and to offer recom-
mendations for dealing with those problems. That commission,
chaired by Raymond P. Shafer, former governor of Pennsylvania,
issued its report, “Marihuana: A Signal of Misunderstanding,”
Problems, Issues, and Solutions 75
Possession
Sale or Cultivation
Source: Richards, Louise G, ed. Demographic Trends and Drug Abuse, 1980–1995.
NIDA Research Monograph 35. Washington, DC: Government Printing Office.
May 1981. Table 4, 45.
Table 2.3 Frequency of Marijuana Use, 1974, 1976 and 1977 (percentage)
Category 1974 1976 1977 1974 1976 1977 1974 1976 1977
18- to 30.3 25.6 30.4 10.8 6.9 13.0 27.0 22.3 23.7
21-year-olds
22- to 20.4 25.7 24.2 6.7 6.5 10.7 21.6 27.4 22.6
25-year-olds
18- to 25-Year-Olds
but not for those who were only occasional (past year) users
of the drug (Salas-Wright et al. 2015, Tables 4 and 5, pages
397 and 402). Even with the extensive data in studies such
as this one, it is difficult to say how adolescents’ and young
adults’ attitudes toward the use of marijuana have changed in
the past decade, and how demographic factors have affected
that change.
The vast majority of public opinion polls about marijuana
ask a very different type of question of respondents, namely
whether they believe that the use of marijuana should be legal-
ized or not. That is, one might personally disapprove of the use
of marijuana for medical and/or recreational purposes, but still
feel that the drug should be legalized for one or the other (or
both) purposes.
The Gallup Poll, for example, has been asking in its public
opinion surveys for more than 40 years about attitudes toward
the legalization of marijuana in the United States. Those sur-
veys suggest that the public has gradually become more accept-
ing toward the legalization of marijuana. When Gallup first
asked in 1970 whether the drug should be legalized, only 12%
of respondents answered in the affirmative, with 84% express-
ing opposition to legalization. Those numbers have gradually
changed, until, in October 2011, pollsters found for the first
time a preponderance of those favoring legalization (50%) ver-
sus those opposing legalization (46%). That trend has contin-
ued through the decade, with 58% of respondents supporting
legalization of the drug for recreational purposes in 2015 (Jones
2015). Other public opinion polls have shown similar trends
over the years with regard to legalization of marijuana, with
even larger majorities supporting legalization of marijuana for
medical purposes (“Illegal Drugs” 2016).
“some subtle anomalies too, but generally not the same degree
of divergence from demographically similar non-using adoles-
cents” (Squeglia, Jacobus and Tapert 2009, 31). In a similar
review of studies on the relative effects of smoking tobacco and
smoking marijuana over the period between 1988 and 1994,
researchers found that tobacco smoking was more detrimental
to respiratory health than marijuana smoking on one of nine
measures (“shortness of breath”), while marijuana smoking was
more detrimental than tobacco smoking in one other measure
(“wheezing”), with the two practices having essentially the same
effects on seven other measures (Moore et al. 2005, Table 3).
How can we justify criminalizing the use of marijuana, some
observers ask, when its health effects are no worse than those
associated with the use of other legal substances, such as to-
bacco and alcohol?
Table 2.4 Arrests for Marijuana Possession in the United States, 1965–2009
1965 18,815
1966 31,119
1967 61,843
1968 95,870
1969 118,903
1970 188,682
1971 225,828
1972 292,179
1973 420,700
1974 445,000
1975 416,100
1976 441,100
1977 457,600
1978 445,800
1979 391,600
1980 405,600
1981 400,300
1982 455,600
1983 406,900
1984 419,400
1985 451,100
1986 361,800
1987 378,700
1988 391,600
1989 399,000
1990 326,900
1991 287,900
1992 342,300
1993 380,700
1994 481,100
1995 589,000
1996 641,600
1997 695,200
(continued)
98 Marijuana
1998 682,900
1999 704,800
2000 734,500
2001 723,600
2002 697,100
2003 755,200
2004 771,600
2005 786,500
2006 829,600
2007 872,700
2008 847,863
2009 858,408
Source: These data are collected from a variety of sources, including Marijuana
Research: Uniform Crime Reports—Marijuana Arrest Statistics; Drugs and
Crime Facts: Drug Law Violations and Enforcement, United States Bureau of
Justice Statistics; Marijuana Arrests Drop for First Time since 2002, Marijuana
Policy Project; Paul Armentano, Incarceration Nation—Marijuana Arrests for
Year 2009 Near Record High; Drug War Facts. Common Sense for Drug Policy.
Other Arguments
A number of other arguments have been offered for the de-
criminalization and legalization of marijuana possession and
use in small amounts. These arguments include the following:
Problems, Issues, and Solutions 99
• The war on drugs has ruined more lives than have drugs
themselves.
• Marijuana has been safely used by people all over the world
for millennia.
• Legalization of marijuana use could result in a lower price
for the drug, thus reducing crimes committed to obtain the
money needed to buy the drug.
• Drug dealers would be put out of business if marijuana were
available legally.
• The quality of marijuana, its sale and advertising, and other
commercial adjuncts to the use of marijuana could be
brought under the control of federal and state agencies, such
as the U.S. Food and Drug Administration (FDA).
• Individuals arrested for the possession and/or sale of small
amounts of marijuana would be less likely to become part of
the criminal system, which could ruin their lives and add to
federal, state, and local law enforcement costs.
• Smoking marijuana may be, for some people, one of “life’s
little pleasures” over which the government should have no
control.
• Legalizing marijuana may provide a significant benefit to the
environment, since the current need to grow the plant sur-
reptitiously does serious damage to the ecosystems in which
it is planted.
• In a democracy, adults should be allowed to take part in ac-
tivities (e.g., smoking marijuana) that does no demonstrable
harm to others. (Half-Baked Idea?: Legalizing Marijuana
Will Help the Environment 2011; Should Marijuana Be Le-
galized under Any Circumstances? 2011; Vance 2011)
Other Arguments
As with the pro-legalization side of this dispute, a number of
other arguments have been presented in opposition to the le-
galization of marijuana. They include the following:
• Decriminalization or legalization of marijuana will inevita-
bly lead to increased levels of use and addiction.
• The use of illegal drugs, such as marijuana, is generally asso-
ciated with increased levels of violence and criminal activity.
Problems, Issues, and Solutions 105
Resistance to Legalization
As can be expected in the progress of any important social
issue, the adoption of new laws or decisions by courts do not
necessarily mark the end of the dispute over such issues (see,
for example, the debates over abortion and same-sex mar-
riage in the United States). Such has also been the case with
the legalization of marijuana. The adoption of legislation
permitting the use of marijuana for recreational purposes
in these entities has not meant that opponents of legaliza-
tion have ended their battle against the practice. In one in-
stance, for example, residents of Pueblo County filed a law
116 Marijuana
Conclusion
Attitudes with regard to the use of marijuana for recreational
and medical purposes have evolved in the United States over
the past two decades at a fairly remarkable rate. Indications are
that this change is likely to continue in the near future. Still,
strong arguments exist for moving with caution in changing
Problems, Issues, and Solutions 117
the legal status of the drug that has, for more than a century,
been regarded largely as a dangerous, and probably gateway,
substance that should not be available to the general public
under any circumstances. With legalization efforts in some
states now under way, our understanding of marijuana and the
effects it has on a myriad of ways in everyday life is likely to
improve, thus making decisions about the status of marijuana
better informed in the future.
References
Armentano, Paul. 2016. “Emerging Clinical Applications
for Cannabis and Cannabinoids: A Review of the Recent
Scientific Literature, 2000–2015,” 7th ed. http://norml
.org/pdf_files/NORML_Clinical_Applications_for_
Cannabis_and_Cannabinoids.pdf. Accessed on May 20,
2016.
Austin, James. [n.d.] “The Decrim. Movement.”
NORML. http://norml.org/component/zoo/category/
rethinking-the-consequences-of-decriminalizing-marijuana.
Accessed on May 22, 2016.
Bagshaw, Sean M., and Neil A. Hagen. 2002. “Medical
Efficacy of Cannabinoids and Marijuana: A Comprehensive
Review of the Literature.” Journal of Palliative Care. 18(2):
111–122.
Barnett, Erica A. 2006. “Hold the Waffles.” http://www
.seattleweekly.com/2002-02-06/news/hold-the-waffles/.
Accessed on May 12, 2016.
Ben Amar, Marine. 2006. “Cannabinoids in Medicine:
A Review of Their Therapeutic Potential.” Journal of
Ethnopharmacology. 105(1–2): 1–25.
Blachly Paul H. 1976. “Effects of Decriminalization of
Marijuana in Oregon.” Annals of the New York Academy of
Sciences. 282(1): 405–415.
118 Marijuana
http://www.oregonlive.com/mapes/index.ssf/2015/03/
oregon_marijuana_law_could_fac.html. Accessed on
May 30, 2016.
“The Marihuana Tax Act of 1937.” 1937. Schaffer Library of
Drug Policy. http://www.druglibrary.org/schaffer/hemp/
taxact/mjtaxact.htm. Accessed on May 13, 2016.
“Marijuana.” 2014. Drug Facts. National Institute on
Drug Abuse. https://www.drugabuse.gov/sites/default/
files/drugfactsmarijuana2014.pdf. Accessed on May 19,
2016.
“Marijuana.” 2015. Facts for Teens. National Institute on
Drug Abuse. https://www.drugabuse.gov/sites/default/files/
marijuana_teens.pdf. Accessed on May 19, 2016.
“Marijuana.” 2016a. Examine.com. http://examine.com/
supplements/Marijuana/. Accessed on May 19, 2016.
“Marijuana.” 2016b. NIDA for Teens. National Institute
on Drug Abuse. https://teens.drugabuse.gov/drug-facts/
marijuana. Accessed on May 19, 2016.
McCrimmon, Katie Kerwin. 2012. “Research Shows Ad-
verse Effects of Marijuana on Teens as Drug Use among
Students Appears to Be Rising.” Chalkbeat. http://www
.chalkbeat.org/posts/co/2012/02/22/research-shows-
adverse-effects-of-marijuana-on-teens-as-drug-use-among-
students-appears-to-be-rising/#.Vz40kvkrJD8. Accessed
on May 19, 2016.
“Memorandum for All United States Attorneys.” 2013. U.S.
Department of Justice. https://www.justice.gov/iso/opa/
resources/3052013829132756857467.pdf. Accessed on
May 21, 2016.
“Memorandum for Selected United States Attorneys.” 2009.
U.S. Department of Justice. https://www.justice.gov/sites/
default/files/opa/legacy/2009/10/19/medical-marijuana
.pdf. Accessed on May 21, 2016.
Problems, Issues, and Solutions 125
Introduction
Marijuana is a topic that has elicited opinions over a wide range
for centuries. Individuals have written and spoken about its won-
derful healing properties, its gate to a world beyond the normal
five senses, its key to understanding that goes beyond normal intel-
ligence, its risks to physical and mental health, and many other
benefits and risks. This chapter provides a venue in which those
expressions of opinion can continue as nine authors of varying
experience and understanding about the drug present their own
specific views on some specific aspects of the topic of this book.
133
134 Marijuana
Some believe that U.S. prisons are filled with unjustly incar-
cerated marijuana users. In fact, less than 1% of inmates in
American prisons have been sent there solely for the use or
possession of marijuana (Who’s Really in Prison for Marijuana?
2005). There are thousands of marijuana arrests each month,
but the offenders are not spending time in jail or prison unless
there are more serious charges. Cook County Jail in Chicago
houses approximately 9,500 prisoners every day; on a recent
day a total of 90 were held overnight for possession of small
amounts of marijuana, fewer than 40 others were out on elec-
tronic monitoring. Drug courts hold great promise for drug
offenders. Under drug court supervision, offenders can stay
out of jail, be subject to drug testing which will clearly dis-
courage use, and if after six months they stay clean and out of
trouble, their arrest record can be expunged. The recidivism
rate for our nation’s 2,400 drug courts is 16%, one-third the
rate for offenders who do not go through this process (Rowan,
Townsend, and Bhati 2003). Legislators should think about
the value of intervention that comes with a criminal sanction
so users can get treatment. Many drug users, including mari-
juana users, will not seek treatment unless compelled to do so.
Marijuana use has increased over the last decade as more
states have enacted “medical” marijuana laws, but there are
fewer individuals using illegal drugs today than the peak in the
late 1970s. In 1978, approximately 25 million Americans used
an illegal drug in the past month in a population of 225 mil-
lion. In 2009, there were 22 million monthly users of illegal
drugs in a population of 305 million U.S. citizens, constituting
a drop in use from 11% of our population to 7% (Results from
the 2011 National Survey on Drug Use and Health 2011).
Marijuana use, particularly for American youth, is a serious
problem. It may be tempting to try to find an easy answer, call-
ing for legalization or decriminalization, but such a path would
be a fool’s choice. The leading admission category in public-
funded treatment centers in Los Angeles is for marijuana, not
alcohol, with most for patients in their teens and early 20s.
Keeping marijuana illegal and out of the hands of the youth
Perspectives 137
References
“Cannabis ‘Safer Than Alcohol and Tobacco.’ ” 1998. BBC
News. http://news.bbc.co.uk/2/hi/science/nature/58013
.stm. Accessed on June 2, 2016.
“Health, Education, Safety Experts Join White House Drug
Czar to Educate Parents about Risks of Youth Marijuana
Use.” 2003. U.S. Drug Enforcement Administration.
http://cannabisnews.com/news/15/thread15683.shtml.
Accessed on June 2, 2016.
Li, Mu-Chen, et al. 2011. “Marijuana Use and Motor Vehicle
Crashes.” Epidemiological Reviews. 34(1): 65–72.
“ ‘Medical’ Marijuana.” 2009. Save Our Society from
Drugs. http://www.saveoursociety.org/our-issues/
medical-marijuana. Accessed on June 2, 2016.
“Results from the 2008 National Survey on Drug Use
and Health: National Findings.” 2008. Rockville,
MD: Substance Abuse and Mental Health Services
Administration, 2009. http://www.dpft.org/resources/
NSDUHresults2008.pdf. Accessed on June 2,
2016.
“Results from the 2011 National Survey on Drug Use and
Health: Summary of National Findings.” 2011. U.S.
Department of Health and Human Services. (Office of
National Drug Control Policy). https://www.whitehouse
.gov/sites/default/files/ondcp/policy-and-research/nsduh
results2011.pdf. Accessed on June 2, 2016.
Rowan, John, Wendy Townsend, and Avinash Singh Bhati.
2003. “Recidivism Rates for Drug Court Graduates:
Nationally Based Estimates, Final Report.” https://www
.ncjrs.gov/pdffiles1/201229.pdf. Accessed on June 2, 2016.
138 Marijuana
References
“AMA Calls for Ban on Direct to Consumer Advertising of
Prescription Drugs and Medical Devices.” 2015.
Perspectives 141
health costs (e.g., Volkow et al. 2014). In many states there are
criminal sanctions associated with marijuana possession, sale,
and use.
Some suggest that because marijuana is so widely used,
criminal sanctions against its use should be suspended and only
the health problems resulting from its use should be a matter of
public concern. In this view the criminal justice system should
not be involved, and thus, the answer to handling marijuana is
to legalize it (“tax and regulate”).
The consequences of such state policy changes are being
documented in the states of Colorado and Washington where
recreational and medical marijuana are legal. The Rocky Moun-
tain and Northwest High Intensity Drug Trafficking Areas
(HIDTAs) serving these two states have released powerful
reports highlighting the significantly negative impacts of these
policies. These reports document increases in underage and
adult marijuana use, marijuana-impaired driving and traffic
deaths, marijuana-related emergency room and hospital admis-
sions, marijuana-related poison control center calls, and sig-
nificant diversion of marijuana both within and out of these
states (Northwest High Intensity Density Trafficking Area 2016;
Rocky Mountain High Intensity Density Trafficking Area
2015). In 2014 the states of Alaska and Oregon as well as the
District of Columbia legalized marijuana for adults age 21 and
older, and it is expected that similar changes will occur in these
locations.
Marijuana is not a single drug. The explosive and exploitative
commercialization of marijuana in these states has produced a
seemingly endless array of high-potency products, including
waxes/oils and edible products such as candy, cookies, and
sodas. Strong action is needed now to monitor the local, state,
and national impact of these initiatives to inform future policy
decisions for public health and safety (Institute for Behavior
and Health, Inc. 2016).
Nationally the rates of marijuana have not been static. They
have changed significantly over the last four decades, rising
Perspectives 143
References
Center for Behavioral Health Statistics and Quality. 2015.
“Behavioral Health Trends in the United States: Results
from the 2014 National Survey on Drug Use and Health.”
HHS Publication No. SMA 15-4927, NSDUH Series
H-50. Rockville, MD: Substance Abuse and Mental Health
Perspectives 145
Introduction
Cannabis sativa, or the naturally occurring plant better known
as marijuana, has been used for thousands of years by humans
and, historically, for a multitude of living purposes that include
medicinal therapy. Marijuana’s primary and active chemi-
cal compound is called Δ9-tetrahydrocannabinol (Δ9-THC).
Δ9-THC is “psychoactive” in that it has the ability to change
or manipulate brain function, resulting in alterations of per-
ception, mood, or consciousness (National Institute on Drug
Abuse 2016). Ecologists have hypothesized that Δ9-THC evo-
lutionarily served the marijuana plant as a deterrent against
its herbivore predators (Pate 1994). In the 1990s, scientists
confirmed that Δ9-THC interacts with the human endocan-
nabinoid system, and binds to receptors called CB1 and CB2
that are located on cells of almost every organ (Alger, 2013;
Matsuda et al., 1990; Munro et al., 1993).
The discovery of the endocannabinoid system triggered an
incredible amount of scientific research interest in understand-
ing how Δ9-THC can be used to produce medically benefi-
cial effects in humans, as well as commercialization efforts. For
example, Δ9-THC is currently prescribed to patients under
the brand name Marinol, a synthetic Δ9-THC compound that
is generically called dronabinol, and both state and federal
governments monetarily support exploratory endocannabi-
noid system research using other natural and synthetic forms
of Δ9-THC. Thus, this narrative describes (1) an overview of
the current prescribed use of dronabinol and current clinical
studies examining its ability to treat other medical indications,
(2) scientific research that has explored and discovered new
insights into the endocannabinoid system, and (3) examples
of how certain states and the federal government currently
148 Marijuana
Prescription Marinol
Marinol, or dronabinol, is a form of prescription medical mari-
juana that contains synthetic Δ9-THC as its active ingredient.
Today, doctors may prescribe Marinol to cancer patients suf-
fering from cancer drug-related side effects of persistent nau-
sea and vomiting, or to stimulate the lost appetite of patients
suffering from acquired immune deficiency syndrome (AIDS)
(AIDSinfo 2016; Bellum 2012;). Dronabinol is also under sci-
entific investigation to determine its drug abuse potential, and
its ability to treat other diverse ailments and disorders such as
neuropathic pain (pain from nerve damage) and obstructive
sleep apnea syndrome (ClinicalTrials.gov, 2012, 2014, 2016).
Key Takeaway
As marijuana use continues, state and federal governments
must work to promote and protect the public health by con-
tinuously supporting and funding scientific research that seeks
to discover both the beneficial and adverse effects of mari-
juana on the human body via the endocannabinoid system,
and appropriately support affordable drug commercialization
of Δ9-THC.
References
AIDSinfo. 2016. “Dronabinol.” AIDSinfo Drug Database.
June 3, 2016. https://aidsinfo.nih.gov/drugs/138/
dronabinol/0/professional. Accessed June 03, 2016.
Alger, Bradley E. 2013. “Getting High on the
Endocannabinoid System.” Cerebrum: The Dana Forum on
Brain Science. Dana Foundation. http://www.ncbi.nlm
.nih.gov/pmc/articles/PMC3997295/. Accessed on June 5,
2016.
150 Marijuana
References
American Academy of Neurology (AAN). 2015. “Medical
Marijuana Liquid Extract May Bring Hope for Children
with Severe Epilepsy.” Science Daily. Available online at
www.sciencedaily.com/releases/2015/04/150413183743
.htm. Accessed on June 3, 2016.
“Cannabis and Cannabinoids.” 2016. National Cancer
Institute. http://www.cancer.gov/cancertopics/pdq/cam/
cannabis/healthprofessional/page4. Accessed on July 31,
2012.
Celia J. A., et al. 2010. “Impact of Cannabidiol on the
Acute Memory and Psychotomimetic Effects of Smoked
Cannabis: Naturalistic Study.” British Journal of Psychiatry
197(4): 285–290.
“Common Medical Uses for Cannabis.” 2016.
American Alliance for Medical Cannabis. http://www
.letfreedomgrow.com/cmu/. Accessed on July 31, 2012.
156 Marijuana
force behind car accidents, rapes, and murders. This was com-
pounded by associating cannabis use with Mexicans and blacks,
who were also victims of propaganda inciting fear and hated in
this era (Herer 1993).
Historians universally point to Harry J. Anslinger, the first
chief of the Federal Bureau of Narcotics, as the person most
responsible for generating support for the prohibition legisla-
tion. For example, in congressional testimony, he remarked,
“Marijuana is the most violence-causing drug in the history
of mankind” (Gerber 2004, 7). The now-infamous 1936 film
Reefer Madness portrayed marijuana causing users to become
either promiscuous or homicidal. While it is now a laugh-
able cult classic, this type of virtually unopposed propaganda
stoked public unease with the recreational drug “marihuana.”
Relying on secrecy and legislative sleight of hand, bill spon-
sors never connected marijuana to the economically significant
and biologically identical hemp plant or the cannabis used in
many medicines and supported by the American Medical Asso-
ciation. As a result, there was virtually no debate when Con-
gress overwhelmingly voted to outlaw it via a prohibitive tax
(Sloman 1979).
Over 30 years later, the Nixon administration developed the
Controlled Substances Act, and placed marijuana in Schedule I,
the category reserved for substances with no medical use and
high potential for abuse. What is most telling about this deci-
sion is the findings of the Shafer Commission, a group that
Nixon specifically charged to closely examine the issue and
produce a recommendation for marijuana. In 1972, the com-
mission’s report stated,
that provide relief for such a wide array of human health con-
ditions. Cannabis medicine is now a promising field of study,
and one that requires the laws relating to access to be relaxed in
even more states, as well as federally.
Of course, neither Anslinger nor Nixon was privy to this
knowledge, but one might reasonably wonder if such knowl-
edge could have overcome the dark influences of racism, greed,
and political power that drove them to demonize cannabis and
its consumers. Going forward, society must endeavor to ensure
that every argument either for or against cannabis is based only
in scientific knowledge and sound reasoning. There is no place
in public policy for the kind of deception and propaganda that
effectively delayed recent medical cannabis breakthroughs for
nearly 80 years.
References
Baum, Dan. 2016. “Legalize It All.” Harper’s Magazine.
https://harpers.org/archive/2016/04/legalize-it-all/.
Accessed on June 15, 2016.
Commission on Marihuana and Drug Abuse. 1972.
Marihuana: A Signal of Misunderstanding. Washington,
DC: Government Printing Office. Available online at
https://babel.hathitrust.org/cgi/pt?id=mdp.390150156475
58;view=1up;seq=198. Accessed on June 15, 2016.
Commission on Marihuana and Drug Abuse. 1973. Drug
Use in America: Problem in Perspective. Washington, DC:
Government Printing Office.
Gerber, Rudolph J. 2004. Legalizing Marijuana: Drug Policy
Reform and Prohibition Politics. Westport, CT: Praeger.
Herer, Jack. 1993. “The Emperor Wears No Clothes.” Van
Nuys, CA: Hemp Publishing. Available online at http://
www.hampapartiet.se/25.pdf. Accessed on June 15, 2016.
Reed, Jack K. 2016., “Marijuana Legalization in
Colorado: Early Findings.” Colorado Department of
162 Marijuana
and Levy 2014, 400). The National Organization for the Reform
of Marijuana Laws (NORML) has assisted efforts to exclude
e-cigarettes from clean indoor air laws (Barry et al. 2014).
Marijuana interests have fought other regulations. They
fought to keep smoking restrictions from applying to mari-
juana clubs in Colorado (Barry et al. 2014). They originally
lobbied both Colorado and Washington State to avoid heavy
regulation of edible marijuana products (MacCoun and Mello
2015, 990).
Edibles may pose one of the biggest health threats to the
public. Familiar forms, often similar to other candies and des-
serts, make edibles attractive to children. Consumed marijuana
acts differently in the body than smoked or vaporized pot.
Adding to this, their high potency makes an overdose more
likely (MacCoun and Mello 2015, 989–990). But edibles are
big money makers for the industry (Huddleson 2016).
So how do we protect the public from Big Pot? We need to
set up controls around marijuana now, similar to those around
alcohol and tobacco, before marijuana interests become more
powerful. Since federal law still prohibits marijuana, federal
agencies which normally try to the public from unsafe products
cannot become involved (MacCoun and Mello 2015, 990).
Either this must change, or states must take their responsibility
more seriously.
Public education can help. As a result of public concern over
overdoses and accidental ingestion by children, Colorado passed
new regulations on edibles that are scheduled to go into effect
on October 1, 2016 (Borchardt 2016). We need to do more.
More research should investigate marijuana risks to personal and
public health. Products should be labeled with known health
risks, such as respiratory damage from smoking and impaired
cognitive development (Richter and Levy 2014, 400).
Without a strong push to protect public health, marijuana
interests, with or without the involvement of the tobacco
industry, will work to maximize profits regardless of the cost
to society.
Perspectives 165
References
Anderson, Rick. 2016. “How New Rules in Two States
Could Give Birth to Big Marijuana.” Los Angeles Times.
http://www.latimes.com/nation/la-na-corporate-mari
juana-20160324-story.html. Accessed on May 25,
2016.
Barry, Rachel Ann, et al. 2014. “Waiting for the
Opportune Moment: The Tobacco Industry and Marijuana
Legalization.” Millbank Quarterly. 92: 207–242. http://
www.ncbi.nlm.nih.gov/pmc/articles/PMC4089369/.
Accessed on June 3, 2016.
Borchardt, Debra. 2016. “Edible Marijuana Company
Ready for New Colorado Rules.” Forbes. http://www
.forbes.com/sites/debraborchardt/2016/06/06/edible-
marijuana-company-ready-for-new-rules/#32f20ecd
6987. Accessed on June 7, 2016.
Hall, W., and M. Weier. 2015. “Assessing the Public Health
Impacts or Legalizing Recreational Cannabis Use in the
USA.” Clinical Pharmacology and Therapeutics. 97:
607–615. http://www.medicinalgenomics.com/
wp-content/uploads/2011/12/Assessing-the-pub-
health-impacts-of-legalizing-recreational-cannabis-
use-in-the-USA.pdf. Accessed on May 27, 2016.
Huddleson, Tom. 2016. “Legal Marijuana Sales Could Hit
$6.7 Billion in 2016.” Fortune. http://fortune.com/2016/
02/01/marijuana-sales-legal/. Accessed on June 7, 2016.
MacCoun, Robert, and Michelle M. Mello. 2015.
“Half-Baked—The Retail Promotion of Marijuana
Edibles.” New England Journal of Medicine. 372: 989–991.
http://healthpolicy.fsi.stanford.edu/sites/default/files/
maccoun_mello_2015_nejmp1416014_0.pdf. Accessed
on June 3, 2016.
Richter, Kimber, and Sharon Levy. 2014. “Big
Marijuana-Lessons from Big Tobacco.” New England
166 Marijuana
References
Joy, Janet E., et al. 1999. Marijuana and Medicine: Assessing
the Science Base. Institute of Medicine. Washington, DC:
National Academy Press.
O’Connell, T. and C. B. Bou-Matar. 2007. “Long Term
Marijuana Users Seeking Medical Cannabis in California
(2001–2007): Demographics, Social Characteristics,
Patterns of Cannabis and Other Drug Use of 4117
Applicants.” Harm Reduction Journal. http://www
.harmreductionjournal.com/content/4/1/1. Accessed
on June 9, 2016.
“Weed Wars Now Streaming on Netflix.” 2013. Harborside
Health Center. https://www.harborsidehealthcenter.com/
news/press-100713.html. Accessed on June 9, 2016.
References
Center for Behavioral Health Statistics and Quality. 2014
National Survey on Drug Use and Health: Detailed Tables.
Substance Abuse and Mental Health Services
Administration, Rockville, Maryland, 2015.
“Deaths: Final Data for 2013.” 2016. Centers for Disease
Control. National Vital Statistics Reports, Volume 64,
Number 2. http://www.cdc.gov/nchs/data/nvsr/nvsr64/
nvsr64_02.pdf, last accessed June 16, 2016.
Iversen, Leslie L. 2002. “The Science of Marijuana.” https://
global.oup.com/academic/product/the-science-of-mari
juana-9780195328240?cc=us&lang=en&. Accessed on
June 16, 2016.
Levine, Harry, Loren Siegel, and Gabriel Sayegh. 2013.
“One Million Police Hours: Making 440,000 Marijuana
Possession Arrests in New York City, 2002–2012.”
https://www.drugpolicy.org/sites/default/files/One_
Million_Police_Hours.pdf. Accessed on June 16,
2016.
“Uniform Crime Reports.” 2002–2015. Federal Bureau of
Investigation. http://www.fbi.gov/ucr/ucr.htm. Accessed
on June 16, 2016.
Weissenborn, Ruth, and David J. Nutt. 2011. “Popular
Intoxicants: What Lessons Can Be Learned from the
Last 40 Years of Alcohol and Cannabis Regulation?”
Journal of Psychopharmacology. 2011, DOI: 10.1177/02
174 Marijuana
69881111414751. http://jop.sagepub.com/content/26/
2/213. Accessed on June 16, 2016.
Introduction
This chapter contains brief sketches of individuals and organiza-
tions who are important in understanding the history of marijuana
laws and policies in the United States and around the world. The
number of such individuals and organizations is legion, and only
some especially significant organizations and individuals, or those
typical of other organizations and individuals, are included.
177
178 Marijuana
An important insight into the work that ASA does is its an-
nual listing of “major accomplishments.” For 2015, that listed
included such items as:
Introduction
This chapter provides some relevant data and documents dealing
with cannabis and related products. The “Data” section provides
basic information on current and historical trends in marijuana
use as well as arrests in the United States. The “Documents” sec-
tion, which follows, is arranged in chronological order and in-
cludes excerpts from important committee and commission reports;
from bills, acts, and laws; and from important legal cases.
Data
Table 5.1 Marijuana Use by Persons Aged 12 Years and Older in the United
States, 2002–2014, Past Month1
Age Group
(continued)
LivWell store manager Carlyssa Scanlon shows off some of the products
available in the marijuana line marketed by rapper Snoop Dogg in one of
the marijuana chain’s outlets south of downtown Denver. LivWell grows
the Snoop Dogg pot alongside many other strains on its menu. (AP Photo/
David Zalubowski)
237
238 Marijuana
Age Group
Table 5.2 Marijuana Use by Persons Aged 12 Years and Older in the United
States, 2002–2014, Past Year1
Age Group
Age Group
(continued)
240 Marijuana
Source: “Get the Facts.” 2016. DrugWars.org. Table information calculated from
Federal Bureau of Investigations. Crime in the United States, annual publication,
1989–2010. http://www.drugwarfacts.org/cms/Marijuana#Prevalence. Accessed on
May 3, 2016.
Table 5.4 Marijuana Use by U.S. High School Students by Gender, Ethnicity,
and Grade Level, 2013
Race/ethnicity
White 34.8 38.6 36.7 18.0 22.8 20.4
Black 45.4 48.2 46.8 27.1 30.6 28.9
Hispanic 47.6 50.0 48.8 27.4 27.7 27.6
Grade
9 29.0 31.1 30.1 17.6 17.7 17.7
10 37.4 40.7 39.1 22.7 24.3 23.5
11 45.1 47.8 46.4 22.8 28.4 25.5
12 46.4 50.9 48.6 24.6 30.9 27.7
Total 39.2 42.1 40.7 21.9 25.0 23.4
1
Use within 30 days prior to survey.
Source: “Youth Risk Behavior Surveillance—United States 2013. 2014. MMWR
63(4): whole, Table 49, page 98, and Table 51, page 100. http://www.cdc.gov/mm
wr/pdf/ss/ss6304.pdf. Accessed on May 3, 2016.
Data and Documents 241
Outdoor Indoor
Percentage of “Disapproving”1
(continued)
242 Marijuana
Percentage of “Disapproving”1
Percentage of “Disapproving”1
Documents
Indian Hemp Drugs Commission (1895)
In 1893, the British House of Commons, concerned about reported
harmful effects of the use of marijuana by Indian natives, commis-
sioned a study of the use of marijuana in India. The report of the
commission, completed in 1894 and issued in 1895, was 3,281
pages long and contained the views of more than 1,200 witnesses
from every level of society. The main conclusions reached by the
commission were as follows (typographical errors in the cited source
have been corrected at †):
552. The Commission have now examined all the evidence be-
fore them regarding the effects attributed to hemp drugs. It
will be well to summarize briefly the conclusions to which they
come. It has been clearly established that the occasional use of
hemp in moderate doses may be beneficial; but this use may be
regarded as medicinal in character. It is rather to the popular
244 Marijuana
and common use of the drugs that the Commission will now
confine their attention. It is convenient to consider the effects
separately as affecting the physical, mental, or moral nature.
In regard to the physical effects, the Commission have come
to the conclusion that the moderate use of hemp drugs is
practically attended by no evil results at all. There may be
exceptional cases in which, owing to idiosyncracies of con-
stitution, the drugs in even moderate use may be injurious.
There is probably nothing the use of which may not possibly
be injurious in cases of exceptional intolerance. There are also
many cases where in tracts with a specially malarious climate,
or in circumstances of hard work and exposure, the people
attribute beneficial effects to the habitual moderate use of
these drugs; and there is evidence to show that the popular
impression may have some basis in fact. Speaking generally,
the Commission are of opinion that the moderate use of
hemp drugs appears to cause no appreciable physical injury
of any kind. The excessive use does cause injury. As in the
case of other intoxicants, excessive use tends to weaken the
constitution and to render the consumer more susceptible to
disease. In respect to [†] particular diseases which according
to a [†] considerable number of witnesses should be associ-
ated directly with hemp drugs, it appears to be reasonably es-
tablished that the excessive use of these drugs does not cause
asthma; that it may indirectly cause dysentery by weakening
the constitution as above indicated; and that it may cause
bronchitis mainly through the action of the inhaled smoke
on the bronchial tubes.
In respect to the alleged mental effects of the drugs, the
Commission have come to the conclusion that the moderate
use of hemp drugs produces no injurious effects on the mind.
It may indeed be accepted that in the case of specially marked
neurotic diathesis, even the moderate use may produce mental
injury. For the slightest mental stimulation or excitement may
have that effect in such cases. But putting aside these quite
exceptional cases, the moderate use of these drugs produces
Data and Documents 245
. . .
SEC. 12. Any person who is convicted of a violation of any
provision of this Act shall be fined not more than $2,000 or
imprisoned not more than five years, or both, in the discretion
of the court.
Source: The Marihuana Tax Act of 1937. Pub. 238, 75th Con-
gress, 50 Stat. 551 (August 2, 1937).
apparent denial of entry into Mexico, drove back across the In-
ternational Bridge into Texas, where a customs officer, through
a search, discovered some marihuana in the car and on petition-
er’s daughter’s person. Petitioner was indicted under 26 U.S.C.
§ 4744(a)(2), a subsection of the Marihuana Tax Act, and
under 21 U.S.C. § 176a. At petitioner’s trial, which resulted in
his conviction, petitioner admitted acquiring the marihuana in
New York (but said he did not know where it had been grown)
and driving with it to Laredo, Texas, thence to the Mexican
customs station, and back to the United States. The Marihuana
Tax Act levies an occupational tax upon all those who “deal in”
the drug, and provides that the taxpayer must register his name
and place of business with the Internal Revenue Service. The
Act imposes a transfer tax “upon all transfers of marihuana”
required to be effected with a written order form, and all except
a limited number of clearly lawful transfers must be effected
with such a form. The Act further imposes a transfer tax of
$1 per ounce on a registered transferee and $100 per ounce on an
unregistered transferee. The forms, executed by the transferee,
must show the transferor’s name and address and the amount
of marihuana involved. A copy of the form is “preserved” by
the Internal Revenue Service, and the information contained
in the form is made available to law enforcement officials. Pos-
session of marihuana is a crime in Texas, where petitioner was
arrested, in New York, where petitioner asserted the transfer
occurred, and in all the other States. Section 4744(a)(2) pro-
hibits transportation or concealment of marihuana by one who
acquired it without having paid the transfer tax, which peti-
tioner conceded that he had not done. Petitioner claimed in his
motion for a new trial that his conviction under the Marihuana
Tax Act violated his privilege against self-incrimination, and
he argues that this Court’s subsequent decisions in Marchetti v.
United States, 390 U.S. 39, Grosso v. United States, 390 U.S.
62, and Haynes v. United States, 390 U.S. 85, require rever-
sal. The Government contends that the Act’s transfer tax pro-
visions do not compel incriminatory disclosures because, as
250 Marijuana
Conclusion
By stating that “any material, compound, mixture, or prepara-
tion, which contains any quantity of . . . Tetrahydrocannabinols”
260 Marijuana
IV. Conclusion
[9] The DEA’s Final Rules purport to regulate foodstuffs con-
taining “natural and synthetic THC.” And so they can: in keep-
ing with the definitions of drugs controlled under Schedule I
of the CSA, the Final Rules can regulate foodstuffs contain-
ing natural THC if it is contained within marijuana, and can
regulate synthetic THC of any kind. But they cannot regu-
late naturally-occurring THC not contained within or derived
from marijuana—i.e., non-psychoactive hemp products—
because non-psychoactive hemp is not included in Schedule I.
The DEA has no authority to regulate drugs that are not sched-
uled, and it has not followed procedures required to schedule
a substance.
[10] The DEA’s definition of “THC” contravenes the un-
ambiguously expressed intent of Congress in the CSA and
cannot be upheld. DEA-205F and DEA-206F [the two new
rules proposed by the DEA] are thus scheduling actions that
would place non-psychoactive hemp in Schedule I for the
first time. In promulgating the Final Rules, the DEA did
not follow the procedures in §§ 811(a) and 812(b) of the
CSA required for scheduling. The amendments to 21 C.F.R.
§ 1308.11(d)(27) that make THC applicable to all parts of
the Cannabis plant are therefore void. We grant Appellants’
petition and permanently enjoin enforcement of the Final
Rules with respect to non-psychoactive hemp or products
containing it.
Conclusion
For the foregoing reasons, as long as Congress precludes the
Department of Justice from expending funds in the manner
proscribed by Section 538, the permanent injunction will only
be enforced against MAMM insofar as that organization is in
violation of California “State laws that authorize the use, distri-
bution, possession, or cultivation of medical marijuana.”
279
280 Marijuana
Books
Abel, Ernest L. 1980. Marihuana, the First Twelve Thousand
Years. New York: Plenum Press.
An older book that remains virtually without peer in its
treatment of the history of the cannabis plant.
Anderson, Patrick. 1981. High in America: The True Story Be-
hind NORML and the Politics of Marijuana. New York: Viking
Press. Also available online at http://www.druglibrary.org/
special/anderson/highinamerica1.htm. Accessed on May 24,
2016.
Anderson presents a detailed and fascinating story about
one of the major groups fighting for the decriminalization
of marijuana use in the United States.
Armentano, Paul. 2016. The Citizen’s Guide to State-by-State
Marijuana Laws. Atlanta, GA: Whitman Publishing.
This book, by the deputy director of NORML, provides
detailed information about the legal status of marijuana
in all states.
Barbour, Scott. 2011. Should Marijuana Be Legalized? San
Diego, CA: ReferencePoint Press.
This book for young adults presents all sides of the ques-
tion of the legalization of marijuana.
Barcott, Bruce, 2015. Weed the People: The Future of Legal
Marijuana in America. New York: Time Books.
The author reviews the history of marijuana in the United
States, discusses changes that have been occurring in the
past decade with regard to legalization of the drug, and
attempts to lay out the type of future that may develop if
the current trade continues.
Bennett, William J., and Robert A. White. 2016. Going to Pot:
Why the Rush to Legalize Marijuana Is Harming America. New
York: Center Street.
Annotated Bibliography 281
Brown, Jeff. 2012. Marijuana and the Bible, 2nd ed. Clermont,
FL: Createspace. Also available online at http://www.erowid.org/
plants/cannabis/cannabis_spirit2.shtml. Accessed on May 29,
2016.
At the time this work was written, the author was a
member of the Ethiopian Zion Coptic church, which
used marijuana as part of its sacraments. The church no
longer exists, but the work is of considerable interest in
that it attempts to show references in the Bible that ap-
parently refer to the use of marijuana as a psychotropic
substance.
Nores, John, and James A. Swan. 2010. War in the Woods: Com-
bating Marijuana Cartels on America’s Public Lands. Guilford,
CT: Lyons Press.
The authors, a warden for the California Fish and Game
Commission and a columnist for ESPN, describe epi-
sodes that have occurred during efforts to find and destroy
marijuana crops on public lands. They discuss the threat
to human life and the environmental damage caused by
illegal marijuana farms.
Rubin, Vera D., ed. 1975. Cannabis and Culture. The Hague,
The Netherlands: Mouton, 1975.
This book includes papers presented at the IXth Ninth
International Congress of the International Union of
Anthropological and Ethnological Sciences held in Chi-
cago in 1973. It contains articles on a whole range of
cannabis-related topics, including “Early Diffusion and
Folk Uses of Hemp,” “The Origin and Use of Cannabis
in Eastern Asia: Their Linguistic-Cultural Implications,”
“The Social Nexus of Ganja in Jamaica,” “The Ritual Use
of Cannabis in Mexico,” “Traditional Patterns of Hashish
288 Marijuana
Articles
Acworth, Alex, Nicolas de Roos, and Hajime Katayama. 2012.
“Substance Use and Adolescent Sexual Activity.” Applied Eco-
nomics. 44(9): 1067–1079.
The authors explore the relationship between early drug
use and initiation of sexual activity among adolescents
and find a strong correlation between the two for males,
but no correlation for females.
Reports
Caulkins, Jonathan P., et al. 2015. “Considering Marijuana
Legalization: Insights for Vermont and Other Jurisdictions.”
Santa Monica, CA: RAND Corporation. Available online at
file:///C:/Users/David/Downloads/RAND_RR864.pdf. Accessed
on May 30, 2016.
This report was prepared for the Secretary of Adminis-
tration for the state of Vermont in anticipation of the
state’s possible legalization of marijuana for recreational
use. RAND researchers recommend the report for use by
other states as well. It covers a range of topics, such as
Annotated Bibliography 301
Internet
“The Antique Cannabis Book.” 2016. http://antiquecannabis
book.com/. Accessed on May 29, 2016.
Annotated Bibliography 307
.com/article/a-new-era-in-medical-marijuana-research/. Accessed
on June 4, 2016.
This article discusses the problems created for marijuana
researchers by federal restrictions on the drug (listed as
a Schedule 1 drug), and changes that might occur in re-
search if the drug were to be reclassified.
Introduction
Marijuana and the cannabis plant from which it comes have been
known to humans for thousands of years. During that time, the
plant has had a variety of uses, for the production of fibers, in the
form of hemp; for the manufacture of oil, from the plant’s seeds;
and as a recreational drug, produced from the dried leaves, seeds,
and stems of the plant. The history of these three classes of products
is long, complex, and often in dispute. The chronology provided
here lists some of the most important of those dates, with points of
dispute mentioned where they are appropriate.
ca. 6000 BCE Reports exist of cannabis seeds being used for
food.
ca. 4000 BCE Reports are available of hemps being used for
the production of textiles in China and Turkmenistan. Some
authorities argue that hemp is the first plant material cultivated
specifically for use in the production of textiles.
2737 BCE Claims are made that cannabis products are used
for medicinal purposes. The Chinese emperor Shen Nung
is reputed to have recommended the drug for treatment of
beri-beri, gout, constipation, “female weakness,” malaria, and
The buds on a marijuana plant, like the one shown here, contain the highest
concentration of THC in the plant. (AP Photo/Rich Pedroncelli)
323
324 Marijuana
1911 South Africa bans the use of cannabis, largely because its
use by mine workers resulted in a reduction in their productivity.
1911 Massachusetts becomes the first state in the United
States to ban the use of cannabis.
1912 The First International Opium Conference is held in
The Hague, Netherlands, at which the first international drug
control treaty (The International Opium Convention, or “The
Hague Convention”) is adopted. A ban on cannabis is consid-
ered, but not included in the final treaty.
1913 California outlaws marijuana. The law was inspired
at least to some extent by anti-Chinese immigrant feelings. It
seems largely to have been ignored by the government and or-
dinary citizens.
1914 The U.S. Congress passes the Harrison Narcotics Tax
Act, which regulates and sets taxes on the production and use
of opiates. No mention of marijuana is made in the act. (But
see 1934.)
1915 The state of Utah passes an anti-marijuana law, appar-
ently based on the tendency of young Mormon missionaries
returning from their time in Mexico to bring back the custom
of marijuana smoking with them.
1916 The U.S. Department of Agriculture (USDA) issues
Bulletin 404, which calls for greater cultivation of hemp,
pointing out that each acre planted to hemp produces as much
pulp as would be obtained from more than four acres of trees.
1919 Texas outlaws marijuana.
1923 South African delegates to the United Nations ask that
cannabis be added to the list of dangerous drugs included in
the Hague Convention. Support for this position comes from
Italy, Egypt, and Turkey.
1924 The Second International Opium Conference in Geneva
agrees to list cannabis as a narcotic under terms of the Hague
Convention.
328 Marijuana
Introduction
Discussions of marijuana may involve terminology that is
unfamiliar to the average person. In some cases, the terms used are
scientific, technical, or medical expressions used most commonly by
professionals in the field. In other cases, the terms may be part of
the “street slang” that users themselves employ in talking about the
drugs they consume, the paraphernalia associated with drugs, or
the experiences that accompany marijuana use. This glossary lists
and defines a few of the terms needed to understand explanations
provided in this book.
337
338 Glossary
343
344 Index