In December of 2020, the United States House of Representatives passed an historic new piece of cannabis legislation called the Marijuana Opportunity Reinvestment and Expungement Act, also known as the MORE Act. Recognizing that nearly one third of the United States have recreational cannabis laws, and that nearly three quarters of the states now have medical marijuana laws, the House saw the changing collective attitude towards marijuana, and appropriately voted to decriminalize marijuana in the United States. This was a monumental day for many cannabis advocates around the country, as it represented a crucial step in the fight to legalize marijuana.
The Soldiers
Many cannabis advocates worked for years to see this day and for their efforts they paid a tremendous price. For some, that sacrifice came in countless hours of protest, in printing and distributing flyers, or collecting signatures. For some, that sacrifice came in the form of keeping cannabis alive through their passion and the risk of their time and money to keep the spirit and industry of cannabis alive. For far too many however, the price paid for their cannabis activism was years of their lives held in involuntary confinement. Since the national prohibition of cannabis began through the passage of the Marijuana Tax Act of 1937, cannabis prohibition has led to millions of years spent in jail by this overlooked group of cannabis advocates. Since the movement against cannabis has often been portrayed as The War on Drugs, it is important that we recognize those incarcerated in this war for what they are, soldiers held as prisoners of war.
The Time Lost
When one takes the time to look at the numbers and statistics related to cannabis incarceration, one can’t help but feel a level of nausea that even cannabis itself can’t pacify. Despite cannabis’ legalization enjoying the support of nearly 70% of Americans, there are over a half a million arrests made every year for cannabis possession. This means that every minute of every day, someone is being arrested for doing something that most Americans, including doctors, lawyers, businessmen and the United States House of Representatives have said is not bad or wrong. There are currently over one million people under incarceration for cannabis possession. More people get arrested for cannabis every year than for all violent crimes combined. Since cannabis prohibition began, nearly one hundred million years of time have been served for the possession of this plant. To put this in perspective, that is almost one and a quarter million lifetimes of human incarceration for something that most adults agree is not morally or ethically wrong! One and a quarter million lifetimes! I’ll give you a minute to medicate for the nausea you’re feeling as that sets in.
The Dark History
Those numbers are objectively shocking but it gets worse. People identifying as black or African American are four times as likely to be arrested for cannabis as white people, despite the fact that white people make up roughly 60% of the population. Compare and contrast to the approximately 13.5% of the population that is black or African American. To be absolutely clear, both groups use cannabis in roughly the same ratios. There has always just been a clear and well documented bias in cannabis arrests, despite equal usage. When examining the history of cannabis however, this shouldn’t be surprising. The prohibition of cannabis under the Marijuana Tax Act is rooted in racist rhetoric and fear beginning with the word, marijuana, itself.
The Marijuana Tax Act of 1937
In the early 1900’s, marijuana was new and scary, whereas hemp and cannabis were familiar and of great value. Hemp was an important agricultural crop dating from before the American Revolution all the way up until the beginning of marijuana prohibition. Cannabis similarly, had been in the United States Pharmacopeia as a suitable treatment for a variety of ailments since 1850. Marijuana however, was exotic and unfamiliar. It was being used by Mexican immigrants and black jazz musicians. Marijuana was the “devil’s drug.” In fact, Henry Anslinger, America’s first real anti-cannabis crusader, testified to Congress that “marijuana is the most violence-causing drug in the history of mankind.”
The vilification of cannabis was largely played out in newspapers run by a man named William Hearst. To play on racist fears and rhetoric, cannabis was always referred to as marijuana, thus introducing the term to popular America. The articles played on racist fears such as Mexican bandits raising trouble or black musicians coming to rape white women, all because of marijuana. These were outrageous claims in addition to being outright lies. Through years of sensationalism and fabrication, Hearst’s newspapers built a narrative that blacks and Mexicans were being thrown into a rage by smoking marijana and listening to jazz music, then going on to commit all kinds of terrible crimes. Of course, none of this was true. It was on the false headlines of these newspapers and the testimony of Henry Anslinger that the case against marijuana was made. After the false testimony of Henry Anslinger, and without the approval or consent of the American Medical Association, the Marijana Tax Act of 1937 became the first federal piece of legislation against cannabis. The law did not technically outlaw marijuana, but it was the first major step in the prohibition of cannabis.
Cannabis Lost Key Allies
When taking a minute to recognize the important culture and cannabis allies that kept cannabis alive during prohibition, it is important to also note the important losses of critical allies. The 1937 Marijuana Tax Act ultimately led to the loss of two important allies for cannabis, the medical community and farmers. Up until this point, cannabis was an important therapy employed by physicians in America. Cannabis medications were extremely common in the late 1800’s and early 1900’s, including therapies for pain, muscle cramps, migraines, sleep aid, and more. Cannabis was even used in medications given to children during this time. Following 1937 however, physicians quickly stopped working with cannabis, or even suggesting it as a valid therapy, out of fear of retribution. This policy was accepted by far too many physicians for decades. Similarly, the landmark legislation of 1937 led to hemp farmers becoming fearful of the government and rapidly phasing out hemp farming despite its rich history in America. This early loss of important allies, economy and medicine, were nearly a death knell for cannabis. Indeed, it surely would have been, had it not been for the powerful cannabis culture, that would grow to take up the arms of advocacy in the fight against marijuana prohibition.
The Trail of Prohibition
The Marijuana Tax Act was successful in accomplishing a couple things, it stripped cannabis of important advocates, and just as importantly, it associated cannabis with racism under the new term marijuana. It did not, however, actually make cannabis illegal. It only challenged accessibility. The cannabis prohibition has been a long battle with a number of different legislative milestones. Each of these milestones has had important repercussions on the subsequent era of cannabis prohibition. Perhaps the most important of the early legislative milestones was the passage of the Boggs Act of 1951.
The Boggs Act of 1951
The Boggs Act was initially passed in 1951, implementing mandatory minimum prison sentences. The Boggs Act passed under the obviously false assertions that drug addiction was contagious and therefore isolation of addicted individuals was necessary. For the first time, mandatory prison sentences were being handed out to first time drug offenders. Even worse, there was nothing in the law that allowed for differences in punishment for users versus dealers. Initially, the Boggs Act outlined minimum prison sentences of 2-5 years for first time offenders, with the time increasing to 5-10 years for second offense and 10-15 years for a third offense. The law was amended throughout the 1950’s however, to allow for lifetime prison sentences for repeat offenders. Again, these were not laws aimed at dealers or distributors, but rather users, who as previously discussed were largely assumed to be minorities. Mandatory minimum prison sentences, in addition to having punishments extremely disproportionate to the offense, were later deemed to be an ineffective approach to preventing cannabis use.
The Controlled Substances Act of 1970
Coincidentally, or not, depending on your view and level of cynicism, the national feelings toward mandatory minimum prison sentences for cannabis changed during the 1960’s. This just so happened to coincide with the hippie movement sweeping across the nation and its association of marijuana use with white teens and college kids, including the children of senators and politicians (this fact ultimately led to the funding for the discovery of THC, but that’s a different story). It all led to a growing feeling that mandatory prison sentences were too harsh. This also set the stage for a number of developments in the prohibition of marijuana during 1969 and 1970. In 1969, a Harvard psychologist, Timothy Leary, famed for his work on psychedelic drugs, challenged in the United States Supreme Court that the 1937 Marijuana Tax Act was unconstitutional, and won. The Supreme Court ruled that the law which required individuals to report cannabis cultivation to the government, was a violation of an individual’s fifth amendment rights. Dr. Leary had his conviction overturned and the 1937 Marijuana Tax Act was deemed unconstitutional.
The celebration however, was short lived. Congress was quick to come up with an answer, in the form of the Controlled Substances Act of 1970. While the Controlled Substances Act kept cannabis illegal, it also did another important thing, it put an end to mandatory minimum prison sentences. Former President George H.W. Bush was a Congressman at the time, and he argued that mandatory minimum prison sentences were ineffective at reducing drug use. Among the arguments lobbied against the use of early mandatory prison sentences was that drug dealers and criminals were given the same sentences as casual marijuana consumers. It is important to note the way that feelings towards mandatory minimum prison sentences had changed over time, as they would change again as The War on Drugs escalated.
The War On Drugs
While Nixon officially declared the War on Drugs in 1971, and this did lead to growth in cannabis related incarcerations throughout the 70’s; it was really in the 1980’s that the rates of incarceration for cannabis and other drug use crimes began to grow at truly unsustainable rates. The 1980’s saw a new era in cannabis prohibition as the government used a wave of propaganda, including indoctrinating children through school programs such as D.A.R.E., to gain public support for their increasing efforts in the War on Drugs. This War on Drugs led to a funneling of cannabis users into the prison system at ever increasing rates. Growing incarceration rates were led by a key piece of legislation in the mid 80’s that served as a huge blow to cannabis advocates, The Anti-Drug Abuse Act of 1986.
The Anti-Drug Abuse Act of 1986
The Anti-Drug Abuse Act brought with it the unfortunate readoption of mandatory minimum prison sentences for drug crimes including marijuana. Despite having previously declared that mandatory minimum prison sentences were ineffective and too severe, the government decided that they were a necessary weapon in The War on Drugs. In a country that arrests a person every minute for cannabis, and then imposes mandatory minimum sentences on those people, the prison population can grow quite rapidly. The government did however make modifications to the mandatory minimum prison sentence scheme. This time it differentiated between drug types and quantities. What remained the same was that the mandatory prison sentencing was abjectly ineffective at stopping drug use.
Two Steps Forward, One Step Back
While the War on Drugs took a variety of twists and turns through the 80’s and 90’s, some slow progress had begun to happen by the end of the century. The 90’s got off to a rough start with the Solomon-Lautenberg Amendment, a federal law that urged states to suspend the driver’s license of anyone found guilty of a drug offense. Some states still have this practice in place. By 1996 however, California became the first state to pass legalized medical marijuana. Other states soon followed including Oregon, Arizona, Washington and Colorado. In 2012, Colorado and Washington would become the first states to legalize recreational cannabis. Even as the House of Representatives was passing landmark legislation however, the President was firing White House staffers for previous cannabis use. This is clear evidence that while battles have been won, the war is clearly not over.
Full Legalization
Now that legalization is spreading, it is important that people understand what full legalization really means. Legalization must not be confused with decriminalization. Legalization must not come with restrictions on home grow options. Legalization must not be tied to laws primarily benefiting the wealthy. Most importantly, legalization must include the immediate release of every person incarcerated for cannabis convictions. These cannot be viewed as optional when pressing our politicians on cannabis legislation. These must remain outright demands. As the fight against cannabis is waged across decades, we must not lose focus or become weary.
No longer is this a battle to achieve legalization, that battle has been won, the success on that front is inevitable. It has been proven to be far too profitable, and far too desired by the public to be stopped outright. The battle now is about terms, and who will profit from the victory. Looking back at virtually every major war in history, the ending included a division of the spoils in some way. The government will get their cut for surrender. Perhaps unsurprisingly, elected officials are pushing for their friends in Big Pharma and Corporate America to receive a stake as well, which, no doubt, they will. Like every war however, a portion of the spoils must also go to those that fought the battles. It will be left to us to decide how that portion will be either shared, or squabbled over.
No Soldier Left Behind
As the cannabis industry grows into a multibillion dollar industry that is still expanding at an incredible rate, it is important to remember how we got here. Cannabis may be the land of milk and honey now, but for so many years, it was anything but. For decades, cannabis was kept alive by those that found so much personal value in it that they were willing to risk their freedom for it. Just as cannabis is alive today, in thanks to the countless people that were willing to fight for it, the industry owes more than lip service to those that paved the way. The industry owes it to those brave cannabis warriors sitting in government POW camps also known as state penitentiaries, to ensure that they receive their day of redemption. Going beyond simply securing their freedoms, the industry has an obligation to make room for these true Kush OG’s.
The Movement is About Justice! Not Industry
Now that the marijuana movement has proved successful enough to give life to a whole new LEGAL industry, it has given rise to an incredible wave of growth. Some of this is clearly making things better for the consumer; great product options, easy availability, steady pricing, no shady meet ups with a guy that’s a friend of a friend of a guy. Some of it is arguably making it worse; companies driven by production and marketing forces can cut corners on other key quality metrics. Also lost is the experience of sneaking away with your close friends to defy the expectations of others and defend your sacred community. We cannot lose sight about what led to this moment however. The important culture, and community that rose together to defy and fight back against the oppression in the name of a plant.
While the government argues the size of their share in exchange for regulating something that shouldn’t have such stringent regulations in the first place, let’s not forget that they would have eradicated cannabis decades ago if they could have. While the medical community is finally asserting its proper place in controlling patient access to a plant, let’s not forget that they stood aside and watched as the government tried to eradicate cannabis. While the business professionals who claim to be the masters of industry necessary to push cannabis along, let’s not forget that industries such as the pharmaceutical industry who were more than happy to see cannabis vilified.
We cannot let the constant waves of change deter us from one inescapable truth: that this movement, the movement that saved cannabis from attempted forced extinctinction, was never about industry! This movement has only ever been about justice. As long as there are individuals sitting in cells for using a plant, we do not have that justice. We must demand of everyone who now wants to join the industry, that they help move the movement. It is the cost of admission. Be thankful, the cost was much higher for so many.
A Note From The Team:
This article was inspired by the importance to recognize and pay tribute to those that came before us and made where we are today possible. As such, we are using this article to spread awareness and give back to an important cause. We are working with an impressive organization called The Minority Cannabis Academy. A portion of all proceeds using the Minority Cannabis Academy promo code will go directly to help support this organization. Please use this promo code at check out to ensure that 30% of the revenue goes to help this great organization. We also have an introduction to this great organization for you from the CEO Brendon Robinson.
“The Minority Cannabis Academy is a Black-Owned Adult Learning Institution based out of New Jersey. We focus on helping disenfranchised communities and those disproportionately impacted by the “War on Drugs”. We equip our students with career-oriented skills and knowledge related to cannabis, science and business that they’ll be able to translate into the marketplace. We’re raising money from sponsors & various donors to put as many students (ages 21+) through our program as possible. Our goal is to help as many Black and Brown folks enter (and stay in) the cannabis industry as possible. We’re looking to officially launch our online curriculum during the Fall of 2021. For all inquiries, we can be reached at info@minoritycannabisacademy.org and you can visit our website at www.minoritycannabisacademy.org. ” -Brendon Robinson
We highly encourage everyone to go to their website and see what this group is doing. It’s truly inspiring work, and it’s great to see people working so hard to pave the way for the next generation.