Why is Cannabis Illegal?

Cannabis, a plant that has been cultivated and used by humans for thousands of years, finds itself in a peculiar position in modern society. Despite its long history of use and growing evidence of its medical benefits, cannabis remains illegal in many parts of the world. This prohibition, which has shaped social, political, and economic landscapes for nearly a century, isn't the result of a single decision or event. Rather, it's the product of a complex interplay of historical, social, and political factors.

In this exploration, we'll delve into the twisted tale of how cannabis went from a widely used medicinal plant to a demonised drug. We'll uncover the key players, pivotal moments, and underlying currents that led to its prohibition, and examine how these historical decisions continue to impact our society today.

Early History of Cannabis Use

To understand the oddity of cannabis prohibition, we must first look at its early history. Cannabis has been used by humans for millennia. The earliest recorded use dates back to ancient China, around 2800 BCE, where it was listed in the Emperor's pharmacopoeia.

Throughout history, cannabis was widely used for medicinal purposes. Ancient civilizations in India, Egypt, and Greece all documented its use for treating various ailments. It was also used for spiritual and recreational purposes in many cultures.

In early American history, cannabis, particularly in the form of hemp, was a valuable crop. Many of the founding fathers, including George Washington and Thomas Jefferson, grew hemp on their plantations. It was used for making rope, fabric, and other essential goods. Cannabis extracts were also common in medicinal tinctures and were widely available in pharmacies.

If you want to know more about the history of Cannabis, you can check out this piece we did.

The Early 20th Century: The Beginning of Prohibition

The tide began to turn against cannabis in the early 20th century. A key figure in this shift was Harry Anslinger, who became the first commissioner of the Federal Bureau of Narcotics (the predecessor to the DEA) in 1930. 

Anslinger was a staunch opponent of cannabis, often making sensationalist claims about its effects. He's famously quoted as saying, "Marijuana is the most violence-causing drug in the history of mankind." Despite little scientific evidence, Anslinger's campaign against cannabis gained traction.

This anti-cannabis sentiment culminated in the Marihuana Tax Act of 1937. While this act didn't explicitly criminalise cannabis, it imposed such strict regulations and hefty taxes on its sale and possession that it amounted to de facto prohibition.

Racial and Social Factors

It's impossible to discuss cannabis prohibition without addressing its racial and social underpinnings. The early anti-cannabis campaign was deeply intertwined with racial prejudice and anti-immigration sentiment.

Anslinger and other prohibition advocates often used racially charged language in their anti-cannabis rhetoric. They associated cannabis use with Mexican immigrants and African Americans, playing on existing racial tensions and fears.

For instance, the very use of the term "marijuana" (or "marihuana") instead of cannabis was a deliberate choice. The Spanish-sounding word was used to associate the plant with Mexican immigrants, who were facing significant discrimination at the time.

The War on Drugs

The prohibition of cannabis reached new heights with the declaration of the "War on Drugs" by President Richard Nixon in 1971. Nixon famously declared drug abuse "public enemy number one" and increased federal funding for drug-control agencies and drug-treatment efforts.

However, the true motivations behind the War on Drugs have been questioned. John Ehrlichman, Nixon's domestic policy chief, later revealed in an interview that the War on Drugs was designed to target Nixon's political enemies: "We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalising both heavily, we could disrupt those communities."

The War on Drugs escalated under subsequent administrations, particularly during the Reagan era in the 1980s. This led to harsher sentencing for drug offences, including cannabis-related crimes, contributing to a massive increase in the U.S. prison population.

International Influence

The United States played a significant role in spreading cannabis prohibition globally. As the U.S. took a harder stance on drugs domestically, it also pushed for stricter international drug control.

A key moment in this international prohibition was the 1961 UN Single Convention on Narcotic Drugs. This treaty, which aimed to combat drug abuse by coordinating international action, placed cannabis in the same category as opioids like heroin.

The U.S. used its political and economic influence to pressure other countries into adopting similarly strict anti-drug policies. This led to a near-global consensus on cannabis prohibition that lasted for decades, although this consensus has begun to fracture in recent years as more countries reconsider their cannabis policies.

This international dimension of cannabis prohibition demonstrates how the decisions made in one country can have far-reaching effects on global policy, affecting millions of lives across the world.

The Role of Industries

While not always discussed, various industries played a role in supporting cannabis prohibition, often for economic reasons.

The pharmaceutical industry, for instance, saw cannabis as a threat to their patented medicines. Cannabis, being a plant, couldn't be patented in its natural form, making it less profitable for pharmaceutical companies.

Similarly, the alcohol and tobacco industries have historically opposed cannabis legalisation, viewing it as potential competition. However, as legalisation has progressed, many of these companies are now investing in the cannabis market.

A particularly interesting case is that of the paper industry. In the 1930s, innovations in hemp processing threatened to make hemp a cheaper source of paper pulp than timber. Newspaper tycoon William Randolph Hearst, who owned vast timber acreage, and the DuPont family, who had patents on the chemical processes used to turn wood pulp into paper, both supported anti-cannabis campaigns. While the extent of their influence is debated, it illustrates how industrial interests can shape public policy.

Misconceptions and Propaganda

Misinformation has played a crucial role in maintaining cannabis prohibition. The 1936 film "Reefer Madness" is perhaps the most famous piece of anti-cannabis propaganda, portraying wildly exaggerated effects of cannabis use.

Government agencies also spread misconceptions. Cannabis was classified as a Schedule I drug under the Controlled Substances Act of 1970, categorising it as having "no currently accepted medical use" and a "high potential for abuse." This classification, which puts cannabis in the same category as heroin, contradicts thousands of years of medicinal use and modern research.

These misconceptions, once entrenched in public consciousness and law, have been difficult to dislodge, even in the face of contradicting evidence.

Medical Research Restrictions

One of the most significant impacts of cannabis prohibition has been its effect on medical research. The Schedule I classification of cannabis has made it extremely difficult for researchers to study its potential medical benefits.

In the U.S., researchers need to navigate a complex approval process involving multiple federal agencies to study cannabis. Moreover, they can only use cannabis grown at a single government-approved facility, which has been criticised for producing low-quality samples that don't reflect what's available in legal markets.

These restrictions have created a catch-22 situation: cannabis remains illegal partly due to lack of research, but this very illegality makes it difficult to conduct the necessary research.

However, recent years have seen some easing of these restrictions, with more countries and U.S. states allowing medical cannabis research.

Current Status and Changing Attitudes

Despite its long prohibition, attitudes towards cannabis have been shifting rapidly in recent years. As of 2023, numerous countries and U.S. states have legalised cannabis for medical use, and a growing number have legalised it for adult recreational use.

Several factors are driving this change:

• Increasing recognition of the medical benefits of cannabis

• The potential for tax revenue from a legal cannabis industry

• Shifting public opinion, with majority support for legalisation in many countries

However, cannabis remains illegal under federal law in the U.S. and in many countries worldwide. The tension between changing public attitudes, state-level legislation, and federal prohibition creates a complex legal landscape.

To Conclude

The history of cannabis prohibition is a complex tapestry woven from threads of racism, misinformation, political manoeuvring, and economic interests. What began as a campaign built on shaky foundations has had far-reaching consequences, shaping everything from international relations to incarceration rates.

As we move forward, it's crucial to understand this history. The ongoing debate about cannabis policy isn't just about a plant—it's about confronting the historical injustices, questioning long-held assumptions, and navigating complex social, economic, and health considerations.

The trend towards legalisation and decriminalisation suggests that we're entering a new chapter in the story of cannabis. However, undoing nearly a century of prohibition is a complex process. As we move forward, understanding how we got here can help us make more informed decisions about where we go next.

Ultimately, the story of cannabis prohibition serves as a potent reminder of how a combination of fear, prejudice, and misinformation can shape policy and of the importance of basing our laws on evidence rather than ideology.