What Is the History of Medical Marijuana and the US Government?
1854 "The
US Dispensary of 1854 lists cannabis compounds as suggested remedies
for a multitude of medical problems, including neuralgia, depression,
hemorrhage, pain relief and muscle spasm."
1870 "US Pharmacopoeia lists cannabis as a medicine."
1906 Mid-1906 saw Congressional passage of the Pure Food and Drug Act. "The act banned the interstate transportation of adulterated or mislabeled food and drugs. It set standards of quality and truth in labeling and did lead to the demise of much of the patent medicine industry since the ingredients of such medicines now were required to be indicated."
1914 "One of the most influential legislative acts ever passed concerning drugs occurred when Congress approved The Harrison Act (after its main sponsor, Representative Francis Burton Harrison of New York). This act (with a multitude of regulations, court decisions, Supreme Court decisions and amendments) was to become the standard and the basis of narcotic regulation in the United States for the next 50 years. It was based upon the constitutional authority of the Federal Government 'to raise revenue and to tax and regulate the distribution and sale of narcotics' (BJS, 1992, p. 76). The Harrison Act ultimately served to make illegal the non-medical use of morphine and cocaine. It 'required all people who imported, manufactured, produced, compounded, sold, dispensed, or otherwise distributed cocaine and opiate drugs to register with the Treasury Department, pay special taxes, and keep records of all transactions."
1922 The Narcotic Drug Import and Export Act is passed by US Congress. It is intended to eliminate use of narcotics except for legitimate medical use.
1937 Aug. 2 The Marijuana Tax Act passed by the 75th Congress, Public Act #238. It was signed and became law in December, 1937. This act did not ban marijuana outright. The law called for an occupational excise tax upon dealers, and a transfer tax upon dealings in marijuana. This did not make marijuana illegal, but made it so difficult for physicians to utilize, that it essentially ended its medical use.Act of Aug. 2, 1937, Public 238, 75th Congress. "Modeled after the Harrison Act, The Marijuana Tax Act essentially placed marijuana into the same category as cocaine and opium products. It became illegal to import marijuana into the United States (McWilliams, 1991). As predicted by the American Medical Association and others who fought the passage of the bill, it did not serve to curb marijuana use."
1938 "In 1938 the US Food, Drug and Cosmetic Act (FDCA) was passed by Congress."2003 The Schaffer Online Library of Drug Policy "Drug Law Timeline"Drugs on the market prior to the 1938 Act were exempted [from having to prove safety] or "grandfathered," and could be purchased by patients (prescriptions at that time were loosely regulated, and were not codified until 1951's Durham-Humphrey Amendment). Those drugs on the market prior to 1938 could, and still can be, marketed as long as the product is for the same indication, it's promoted in the same manner, carries the exact same chemical makeup, and there has been no break in production or marketing since 1938. [For example, morphine is a grandfathered drug which has not changed or had a break in marketing since 1938. One could still market a morphine product today, yet if anything is changed, such as the type of preservative used, then a new IND would be required.]
1941 "Marijuana is officially removed from the US Pharmacopoeia."
1951 Congress passes The Durham-Humphrey Amendment, "which defines the kinds of drugs that cannot be safely used without medical supervision [prescription] and restricts their sale to prescription by a licensed practitioner."2002 1960 "The year 1960 saw passage of the Manufacturing Act. Its purpose was to tighten controls and restrictions over legally manufactured narcotic drugs. By virtue of the Manufacturing Act a system of licensing manufacturers and setting quotas for classes of drugs, both natural and synthetic, was set in place. The United States became one of fifty-four nations who became party to the 1961 Single Convention on Narcotic Drugs. (This assumed the status of a US Treaty obligation in 1967) The primary purpose of the Single Convention was to modernize and coordinate international narcotic control. Provisions were made within the Single Convention for the control of cannabis thus, in some of its features, the Convention singled out cannabis in much the same fashion it singled out opium and coca bushes (the source of cocaine). The Drug Abuse Control Amendments of 1965 revisited the Manufacturing Act of 1960 and tightened controls and increased penalties as found under that act. It was aimed specifically at barbiturates, amphetamines and hallucinogens (US News and World Report, 1970, pp. 85-89)."
1962 "In 1962 Congress passed The Kefauver-Harris Drug Amendments, which ensures drug efficacy and greater drug safety. For the first time, drug manufacturers are required to prove to FDA the effectiveness of their products before marketing them." 1970 In October 1970 President Richard M. Nixon signed the Comprehensive Drug Abuse and Prevention and Control Act of 1970 into law. "This popularly became known as the Controlled Substances Act (CSA) of 1970. It consolidates over fifty federal narcotic, marijuana and dangerous drug laws into one law designed to control the legitimate drug industry and to curtail importation and distribution of illicit drugs throughout the United States (US News and World Report, 1970, p. 90)." Notably, the act compressed the Harrison Act and its five decades of amendments, modifications and interpretations into one law."One aspect of the Controlled Substances Act defines a schedule for drugs. Schedule I lists those substances which have no accepted medical utility but have substantial potential for abuse. Found on this schedule are heroin, marijuana, and various other hallucinogens. Schedule II lists substances having a high abuse liability but also having some accepted medical purpose. Found on Schedule II are morphine and cocaine. It is worth noting that, under the scheduling provisions of the act, marijuana is seen as needing to be grouped with heroin while cocaine with its significant abuse liability and very limited medical use still falls into Schedule II. The Act did, with respect to criminal penalty, select out 'marijuana from other drugs and lowered the maximum penalty for possession of an ounce of marijuana to one year in jail and a $5,000 fine, with the option of probation or a conditional discharge at the judge's discretion'
1976 "In November, 1976, a Washington, D.C. man (Robert Randall) afflicted by glaucoma employs the little-used Common Law Doctrine of Necessity to defend himself against criminal charges of marijuana cultivation (US v. Randall). On November 24, 1976, federal Judge James Washington ruled Randall's use of marijuana constituted a 'medical necessity.'" 1978July "With the Carter years came a very clear distinction between narcotics and marijuana. Testifying before the Select Committee on Narcotics Abuse and Control in July 1978 two high ranking Carter officials made several statements of note:
1870 "US Pharmacopoeia lists cannabis as a medicine."
1906 Mid-1906 saw Congressional passage of the Pure Food and Drug Act. "The act banned the interstate transportation of adulterated or mislabeled food and drugs. It set standards of quality and truth in labeling and did lead to the demise of much of the patent medicine industry since the ingredients of such medicines now were required to be indicated."
1914 "One of the most influential legislative acts ever passed concerning drugs occurred when Congress approved The Harrison Act (after its main sponsor, Representative Francis Burton Harrison of New York). This act (with a multitude of regulations, court decisions, Supreme Court decisions and amendments) was to become the standard and the basis of narcotic regulation in the United States for the next 50 years. It was based upon the constitutional authority of the Federal Government 'to raise revenue and to tax and regulate the distribution and sale of narcotics' (BJS, 1992, p. 76). The Harrison Act ultimately served to make illegal the non-medical use of morphine and cocaine. It 'required all people who imported, manufactured, produced, compounded, sold, dispensed, or otherwise distributed cocaine and opiate drugs to register with the Treasury Department, pay special taxes, and keep records of all transactions."
1922 The Narcotic Drug Import and Export Act is passed by US Congress. It is intended to eliminate use of narcotics except for legitimate medical use.
1937 Aug. 2 The Marijuana Tax Act passed by the 75th Congress, Public Act #238. It was signed and became law in December, 1937. This act did not ban marijuana outright. The law called for an occupational excise tax upon dealers, and a transfer tax upon dealings in marijuana. This did not make marijuana illegal, but made it so difficult for physicians to utilize, that it essentially ended its medical use.Act of Aug. 2, 1937, Public 238, 75th Congress. "Modeled after the Harrison Act, The Marijuana Tax Act essentially placed marijuana into the same category as cocaine and opium products. It became illegal to import marijuana into the United States (McWilliams, 1991). As predicted by the American Medical Association and others who fought the passage of the bill, it did not serve to curb marijuana use."
1938 "In 1938 the US Food, Drug and Cosmetic Act (FDCA) was passed by Congress."2003 The Schaffer Online Library of Drug Policy "Drug Law Timeline"Drugs on the market prior to the 1938 Act were exempted [from having to prove safety] or "grandfathered," and could be purchased by patients (prescriptions at that time were loosely regulated, and were not codified until 1951's Durham-Humphrey Amendment). Those drugs on the market prior to 1938 could, and still can be, marketed as long as the product is for the same indication, it's promoted in the same manner, carries the exact same chemical makeup, and there has been no break in production or marketing since 1938. [For example, morphine is a grandfathered drug which has not changed or had a break in marketing since 1938. One could still market a morphine product today, yet if anything is changed, such as the type of preservative used, then a new IND would be required.]
1941 "Marijuana is officially removed from the US Pharmacopoeia."
1951 Congress passes The Durham-Humphrey Amendment, "which defines the kinds of drugs that cannot be safely used without medical supervision [prescription] and restricts their sale to prescription by a licensed practitioner."2002 1960 "The year 1960 saw passage of the Manufacturing Act. Its purpose was to tighten controls and restrictions over legally manufactured narcotic drugs. By virtue of the Manufacturing Act a system of licensing manufacturers and setting quotas for classes of drugs, both natural and synthetic, was set in place. The United States became one of fifty-four nations who became party to the 1961 Single Convention on Narcotic Drugs. (This assumed the status of a US Treaty obligation in 1967) The primary purpose of the Single Convention was to modernize and coordinate international narcotic control. Provisions were made within the Single Convention for the control of cannabis thus, in some of its features, the Convention singled out cannabis in much the same fashion it singled out opium and coca bushes (the source of cocaine). The Drug Abuse Control Amendments of 1965 revisited the Manufacturing Act of 1960 and tightened controls and increased penalties as found under that act. It was aimed specifically at barbiturates, amphetamines and hallucinogens (US News and World Report, 1970, pp. 85-89)."
1962 "In 1962 Congress passed The Kefauver-Harris Drug Amendments, which ensures drug efficacy and greater drug safety. For the first time, drug manufacturers are required to prove to FDA the effectiveness of their products before marketing them." 1970 In October 1970 President Richard M. Nixon signed the Comprehensive Drug Abuse and Prevention and Control Act of 1970 into law. "This popularly became known as the Controlled Substances Act (CSA) of 1970. It consolidates over fifty federal narcotic, marijuana and dangerous drug laws into one law designed to control the legitimate drug industry and to curtail importation and distribution of illicit drugs throughout the United States (US News and World Report, 1970, p. 90)." Notably, the act compressed the Harrison Act and its five decades of amendments, modifications and interpretations into one law."One aspect of the Controlled Substances Act defines a schedule for drugs. Schedule I lists those substances which have no accepted medical utility but have substantial potential for abuse. Found on this schedule are heroin, marijuana, and various other hallucinogens. Schedule II lists substances having a high abuse liability but also having some accepted medical purpose. Found on Schedule II are morphine and cocaine. It is worth noting that, under the scheduling provisions of the act, marijuana is seen as needing to be grouped with heroin while cocaine with its significant abuse liability and very limited medical use still falls into Schedule II. The Act did, with respect to criminal penalty, select out 'marijuana from other drugs and lowered the maximum penalty for possession of an ounce of marijuana to one year in jail and a $5,000 fine, with the option of probation or a conditional discharge at the judge's discretion'
1976 "In November, 1976, a Washington, D.C. man (Robert Randall) afflicted by glaucoma employs the little-used Common Law Doctrine of Necessity to defend himself against criminal charges of marijuana cultivation (US v. Randall). On November 24, 1976, federal Judge James Washington ruled Randall's use of marijuana constituted a 'medical necessity.'" 1978July "With the Carter years came a very clear distinction between narcotics and marijuana. Testifying before the Select Committee on Narcotics Abuse and Control in July 1978 two high ranking Carter officials made several statements of note:
- It was admitted the Federal Government did not have a specific treatment program for marijuana and in fact, the Administrator of the Federal Alcohol, Drug Abuse and Mental Health Agency said, 'There is no treatment required for the use of marijuana as such,' believing that a marijuana addiction was not possible.
- The Associate Director of the Domestic Policy Staff, The White House, while stating the Administration's position to discourage marijuana use went on to say, '...we have talked about the propriety of decriminalizing the possession of small amounts of marijuana for personal use, under Federal statute only. This would, in effect, merely codify what is already occurring, since Federal law enforcement efforts should not be directed at people who possess small amounts of any drug, particularly marijuana'
- The Federal position under the Carter Administration was that this move towards decriminalization was a state-by-state choice and should not be mandated by the Federal establishment. This tolerance was not a totally new point of view as the period 1973-1978 saw eleven states decriminalize possession of small amounts of marijuana for personal use.
1988 In
September, the DEA's administrative law judge, Francis Young, "after
taking medical testimony for 15 days and reviewing hundreds of DEA/NIDA
documents positioned against the evidence introduced by marijuana
reform activists, concludes that "marijuana is one of the safest
therapeutically active substances known to man." He recommends that
marijuana be rescheduled to permit medical use.
1989 On December 30, 1989 DEA Director John Lawn, ignoring the September, 1988 recommendation by DEA Administrative Law Judge Francis Young, orders that cannabis remain listed as a Schedule I narcotic - having no known medical use." 1991June "The Compassionate IND Program for medical marijuana was suspended after the number of applications surge in response to the AIDS epidemic." 1992Mar.The Secretary of the Department of Health and Human Services (Louis W. Sullivan, MD, under President George Bush, Sr.) decides that NIDA would not provide marijuana for single-patient INDs except to those patients who were already receiving marijuana at that time. 27 additional single-patient INDs that had received FDA approval are canceled and the patients are not supplied with marijuana.
1995 July 10
A legal challenge to marijuana's schedule I prohibited status was filed by Jon Gettman (and High Times Magazine), former National Director of the National Organization for the Reform of Marijuana Laws (NORML), 1986-1989. The 55,000-word petition "was filed with the DEA requesting proceedings to have marijuana and all cannabinoids removed from Schedules I and II of the Controlled Substances Act because they do not have the abuse potential required by statute for inclusion in those schedules."
1996 Oct. 29
"Ballot measures to legalize marijuana for medical purposes could increase drug use among youths, three former US presidents asserted in a letter released Tuesday.Gerald Ford, Jimmy Carter and George Bush said in the letter that they 'categorically oppose' Proposition 200 in Arizona and Proposition 215 in California on next week's ballot. The letter was released by the White House drug policy chief, retired Army Gen. Barry McCaffrey.
'Given the resurgent drug use by our youth, these measures pose enormous threats to the public health of Arizonians, Californians, and all Americans,' the letter said. The letter warned that the measures imply that the illegal drugs are safe and would undermine youth drug prevention programs.
'Their passage would presage further increases in drug use by our children,' the letter said."
1996 Dec. 12 McCaffrey and Dept. of Transportation Secretary Federico Pena hold a joint press conference stating, "The law is clear. If you are a safety-sensitive worker and you're caught using drugs [including medical marijuana], these propositions don't mean a thing. You're out of a job."
1989 On December 30, 1989 DEA Director John Lawn, ignoring the September, 1988 recommendation by DEA Administrative Law Judge Francis Young, orders that cannabis remain listed as a Schedule I narcotic - having no known medical use." 1991June "The Compassionate IND Program for medical marijuana was suspended after the number of applications surge in response to the AIDS epidemic." 1992Mar.The Secretary of the Department of Health and Human Services (Louis W. Sullivan, MD, under President George Bush, Sr.) decides that NIDA would not provide marijuana for single-patient INDs except to those patients who were already receiving marijuana at that time. 27 additional single-patient INDs that had received FDA approval are canceled and the patients are not supplied with marijuana.
1995 July 10
A legal challenge to marijuana's schedule I prohibited status was filed by Jon Gettman (and High Times Magazine), former National Director of the National Organization for the Reform of Marijuana Laws (NORML), 1986-1989. The 55,000-word petition "was filed with the DEA requesting proceedings to have marijuana and all cannabinoids removed from Schedules I and II of the Controlled Substances Act because they do not have the abuse potential required by statute for inclusion in those schedules."
1996 Oct. 29
"Ballot measures to legalize marijuana for medical purposes could increase drug use among youths, three former US presidents asserted in a letter released Tuesday.Gerald Ford, Jimmy Carter and George Bush said in the letter that they 'categorically oppose' Proposition 200 in Arizona and Proposition 215 in California on next week's ballot. The letter was released by the White House drug policy chief, retired Army Gen. Barry McCaffrey.
'Given the resurgent drug use by our youth, these measures pose enormous threats to the public health of Arizonians, Californians, and all Americans,' the letter said. The letter warned that the measures imply that the illegal drugs are safe and would undermine youth drug prevention programs.
'Their passage would presage further increases in drug use by our children,' the letter said."
1996 Dec. 12 McCaffrey and Dept. of Transportation Secretary Federico Pena hold a joint press conference stating, "The law is clear. If you are a safety-sensitive worker and you're caught using drugs [including medical marijuana], these propositions don't mean a thing. You're out of a job."
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