Published 2001
Cannabis – The Full Story
Part I of a Series
Title: Overview
History, common sense, and science
support the utility of Cannabis in medical practice,
yet the U.S. federal government will not concede its
marijuana prohibition on any level. In fact, as the
scientific evidence builds, public support grows, and
other countries including the UK are easing their policies
regarding medical marijuana, the U.S government is digging
its heels deeper into the muck as the Drug Enforcement
Administration (DEA) tries to outlaw hemp products in
the U.S. as part of their war on drugs. An open discussion
in the U.S. on the medical utility of Cannabis has been
hampered by outlawing its medical use through the wrongful
placement of marijuana in Schedule I (forbidden class)
of the Controlled Substances, censoring the publication
of favorable findings in marijuana research (national
and international), limiting U.S. research to the study
of its dangers by only approving research through the
National Institute on Drug Abuse, and repeating exaggerated
claims of its dangers regardless of the lack of science
behind these claims. However, the tide is beginning
to turn. The power of the Internet is breaking through
the decades of censorship of Cannabis information. Access
to historical records, scientific reviews, and worldwide
research is readily available to anyone with a search
engine.
Cannabis (primarily C. sativa
and C. indica) is an ancient plant that has been used
throughout the world in a variety of ways. It is nontoxic.
Its roots serve well in erosion control efforts. The
hemp fiber has been used for paper, cloth, rope, and
other products. Its seed oil can be used as an environmentally
clean fuel, body oil, hair products and other products.
Hemp seed (and its oil) also has great nutritional value
as a protein and source of essential fatty acids. The
leaves and flowers have been used as an intoxicant in
many cultures as well as a medicine. The specific fight
to get it back into the Pharmacopoeia has been severely
hampered by bureaucrats’ efforts to label anyone
who advocates for therapeutic Cannabis as being “pro-drug”
or “a legalizer” and thereby discredits
these advocates and dismisses their claims by changing
the focus to the messengers rather than the message.
Shortly after the repeal of the
U.S. alcohol prohibition in the early 1930s, Henry J.
Anslinger, the Director of the Bureau of Narcotics and
Dangerous Drugs (now the DEA), began a campaign to outlaw
what he described as a new and dangerous drug called
marihuana. The name marihuana (more commonly spelled
marijuana) was the Mexican name for Cannabis. The Hearst
newspaper chain spread false stories of rape, murder
and insanity caused by users under the influence of
this smoked drug. They blamed the Mexicans for bringing
this drug into the U.S. and the black jazz musicians
for introducing the drug to the white children. Anslinger
took this “reefer madness” propaganda to
Congress and so began the U.S. prohibition of Cannabis
with The Marihuana Tax Act of 1937, a law that was based
on racism and lies (HERER, 1991, BONNIE & WHITEBREAD,
1974). By 1941, Cannabis was removed from the U.S. Pharmacopoeia
and discussion of its use omitted from medical texts.
By 1970 marijuana
use was associated with hippies and Vietnam war protesters
and under President Richard Nixon, the Controlled Substances
Act was passed. This law created a 5 level (schedules)
classification system for psychoactive drugs and allowed
the Justice system rather than medical experts to decide
which schedule a drug would be placed. Marijuana was
placed in Schedule I, the forbidden use category, which
was for drugs with a high abuse potential, not safe
for medical use, and had no medical utility.
While the federal government was
trying to close all access to any use of marijuana,
U.S. patients were gaining an awareness of the medical
use of marijuana. Robert Randall, a glaucoma patient,
discovered that it controlled his intraocular pressure,
thus preventing eventual blindness. Also at this time,
new drugs (chemotherapy) were being developed to fight
cancer, but produced horrific nausea and vomiting. Patients
began to discover that they could end the nausea and
gain an appetite with the use of Cannabis (MATHRE, 1997).
By 1976 Randall won a law case that ultimately allowed
him legal access to federally supplied marijuana through
the Compassionate Investigational New Drug (IND) Program.
Between 1978 and 1980 more than 30 states passed legislation
allowing medical use of marijuana, whereby physicians
could access this medicine through the federal government.
During this time six of those states were able to conduct
research trials to assess the medical utility of marijuana
with cancer patients receiving chemotherapy. Although
each of these studies found it to be a safe and effective
medicine, the researchers were unable to get their studies
published at that time (DANSAK, 1997, MUSTY & ROSSI,
2001).
In 1972 the National Organization for the Reform of Marijuana Laws (NORML)
began a lawsuit against the DEA to move marijuana from Schedule I to Schedule
II, which would allow physicians to prescribe it for medical use. Robert Randall’s
organization, the Alliance for Cannabis Therapeutics (ACT) founded in 1981
joined the lawsuit, but it wasn’t until 1986 that hearings were finally
held. In 1988, the DEA’s administrative law judge, Francis L. Young ruled
that marijuana does have acceptable medical use and accepted safety and recommended
that it be moved to Schedule II (YOUNG, 1988). Unfortunately, the DEA Administrator
John Lawn ignored the judge’s findings and in December of 1989 he stated
that the DEA would not allow the rescheduling.
By 1990 there
were only 5 patients receiving medical marijuana through
the federal government. A panel featuring these patients
was shown on national TV, which along with the AIDS
epidemic produced a flurry of applications to the U.S.
Food and Drug Administration for the IND access to marijuana.
By 1991 there were approximately 15 patients who were
receiving federal marijuana, more than 30 patients who
were approved to receive their medicine, and hundreds
of applications (most of them patients with the HIV),
waiting for review when the government closed that door.
In 1992 the program was closed with a decision to continue
to supply only the current patients. Those who were
approved and hadn’t yet been supplied would never
be supplied and the other applications would not even
be considered. On June 2, 2002, Robert Randall, the
first legal patient and person most responsible for
helping the others gain their access died, leaving only
seven of the original fifteen patients still alive to
date.
Finally in 1996 California and Arizona voters went to the polls and passed
respective medical marijuana initiatives, which under state law would allow
patients with approval of their physician to grow and use marijuana for medicine.
This instigated a strong reaction from the federal government and led to the
federal request (by General Barry McCaffrey, then Director of the Office of
National Drug Control Policy) for the Institute of Medicine to conduct a study
on the efficacy of medical marijuana. In March, 1999, the IOM released its
report, Marijuana and Medicine: Assessing the Science Base, which in effect
validated its safety, and acknowledged its therapeutic value for a variety
of ailments. Although the study recommended research on alternative delivery
systems, it noted that the potential risk from smoking marijuana was a low
priority for persons with AIDS or cancer. The study also noted that marijuana
was not highly addictive and was not a gateway drug. Yet marijuana remains
in Schedule I and so more states continue to pass new laws allowing patients
to use marijuana under their physician’s care. The additional states
to date include Alaska, Colorado, Hawaii, Maine, Nevada, Oregon, Washington,
as well as the country’s capitol, Washington D.C. The IOM study team
released a summary of its study on the Internet and advertises the hard copy
on their web site: http://www.nap.edu
On the scientific front, there
has been an explosion of research as new discoveries
have been made. In 1988 cannabinoid receptor sites were
found in several areas of the brain. In 1992 an endogenous
cannabinoid that binds to this receptor site was discovered
and called anandamide (from a Sanskrit word meaning
bliss). More research has led to discoveries of receptor
sites throughout the body including the immune system,
the spinal cord, and lungs. All of this is leading to
a better understanding of the pharmacology of cannabinoids
and a greater interest in the development of therapeutic
Cannabis products. Pain management is becoming a popular
area of study. It appears that cannabinoids act differently
than opiates and can have a useful role as an adjunct
therapy, lowering the dose of opiates thereby reducing
the risk of overdose from them and also helping to prevent
the common side effects of opiates such as nausea or
constipation.
Research studies
are well underway in the U.K. by GW Pharmaceuticals
Ltd., a privately owned British company of Salisbury.
Dr. Geoffrey Guy founded the company in 1997, which
is licensed to grow pharmaceutical-grade Cannabis. The
company hopes to develop cannabis-based products that
are not smoked and is currently investigating a sublingual
spray. They are conducting clinical trials on patients
with spinal cord injuries, multiple sclerosis and other
conditions that produce severe pain and/or spasticity.
This is only the tip of the iceberg on the topic
of Cannabis and serves as an introduction and
overview of what will follow in a series of articles
on this plant. The readers should know that I am presenting
this information on Cannabis with the goal of broadening
your knowledge base on this plant and exposing the numerous
studies that have been done in the U.S. and throughout
the world, which have supported its medical utility
and negated the “social benefit” claims
of its continued prohibition. Many of these studies
have been out of print or difficult to find. In addition
to printed material, Cannabis researchers are now able
to present their findings in public forums, many of
which are audio or video taped. The International Research
Society on Cannabinoids (ICRS) holds an annual scientific
symposium on cannabinoid research and has just met in
Madrid, Spain from June 28 to 30. See http://www.cannabinoidsociety.org.
The International Association for Cannabis as Medicine
(IACM) will be holding a conference in Berlin, Germany
on October 26 and 27. See http://www.Berlin2001.net.
Patients Out of Time will co-sponsor The Second National
Clinical Conference on Cannabis Therapeutics: Analgesia
and Other Indications in Portland, Oregon, U.S. on May
3 and 4, 2002. See http://www.medicalcannabis.com.
In future issues
I will focus on various topics concerning the Cannabis
plant in an effort to provide an evidence-based perspective
for the readers. I hope this series will stimulate critical
thinking and look forward to responses from the journal’s
readers.
In the following issue (1:2) I will provide a review of the current research
findings on Cannabis and cannabinoid therapies, including web site information
so readers can locate in-depth articles on the various indications. The next
issue (2:1) will describe the U.S. prohibition of Cannabis, including why and
how it began and how it has persisted throughout the decades and broadened
in scope to an international prohibition. The current worldwide conditions
will be reviewed, as these laws and treaties are now being challenged or defied
by individual states within the U.S. as well as numerous countries throughout
the world. Issue 2:2 will review the history of the medicinal use of Cannabis
with a close look at the variety of Cannabis preparations that were widely
used by physicians in the U.S. and other countries during the late 1800s and
early 1900s right up to the time of the Marihuana Tax Act. The following issue
(2:3) will take readers to the research and development now occurring throughout
the world on modern preparations and delivery systems. Cannabis products are
being developed as sublingual sprays, eye drops, dermal patches, pills and
elixirs, as single or combination cannabinoid extracts or as synthetic cannabinoids.
Many patients have preferred to smoke Cannabis because this has been the most
efficient delivery route and the patients are able to self-titrate their dosage
to get the desired therapeutic effect. Numerous models of vaporizers or nebulizers
are in development that will still allow the inhaled delivery route, but will
eliminate the potentially harmful combustion products that occur when smoking
(burning) Cannabis. No medicine/drug is without potential risks and patient
education needs to include the risks and benefits of any medicine/drug a patient
is using. Issue 2:4 will identify potential risks related to acute and chronic
use of Cannabis and clarify these risks when used in therapeutic doses.
The next two issues
may be of more direct interest to drug and alcohol professionals.
In issue 3:1 I will discuss the importance of the professional
to be able to differentiate between medical use and
recreational use/abuse. Drug and alcohol professionals
are used to seeing patients with substance abuse problems.
While drug and alcohol professionals may recognize and
acknowledge the therapeutic use of some psychoactive
drugs such as opiates or benzodiazepines, they may not
have that understanding with an illegal drug such as
Cannabis, which has only been presented as a drug of
abuse. Since Cannabis is generally not included in pharmacology
texts as a therapeutic agent, healthcare professionals
may have assumed that there it had no therapeutic value
or that the risk of abuse must be too great to allow
its use as a medicine. However, just as insulin may
need to be used on a daily basis for medical reasons,
so too Cannabis may need to be used on a daily basis
for medical reasons (e.g. glaucoma). Issue 3:2 will
discuss the use of Cannabis as a harm reduction pharmacological
therapy for addicts as either a detoxification agent
to help ease withdrawal symptoms of other drug dependencies
or a maintenance therapy, similar to the use of methadone
for heroin addicts but without the risk of overdose.
Pre-prohibition pharmacopoeias as well as Cannabis product
labels identified these indications for Cannabis preparations.
Modern widespread anecdotal reports of such use and
current knowledge of its properties have sparked current
research in this area.
Finally, in issue
3:3 I will change the focus to hemp and its ecological,
economical, and nutritional benefits. Health care professionals
who are unable to differentiate between the plant grown
as hemp for its seed and fiber and Cannabis grown for
its flowers will appear ignorant in their knowledge
of Cannabis and their opinion dismissed by those who
do recognize the difference.
It is hoped that as you read each piece you begin to question what you’ve
been taught. We may not come to the same conclusions, but I believe you will
have a better understanding of the controversy over this plant. Is there justification
for the prohibition of this plant? Should patients be arrested simply for using
this medicine to relieve their suffering? Is it really a gateway drug leading
users to try “harder” drugs? Does Cannabis have a place in the
treatment of addiction?
References
BONNIE R J & WHITEBREAD C H (1974). The marihuana
conviction: a history of the marihuana prohibition
in the United States, University Press of Virginia,
Charlottesville, Virginia, US
DANSAK D A (1997). As an antiemetic and appetite stimulant
for cancer patients, in M L Mathre (ed) Cannabis in
medical practice: a legal, historical and pharmacological
overview of the therapeutic use of marijuana, McFarland & Company,
Inc., Publishers, Jefferson, North Carolina, US and
London
HERER J (1991). Hemp and the marijuana conspiracy:
the emperor wears no clothes, Hemp Publishing, Van
Nuys, California, US
MATHRE M L (1997). Cannabis in medical practice: a
legal, historical and pharmacological overview of the
therapeutic use of marijuana, McFarland & Company,
Inc., Publishers, Jefferson, North Carolina, US and
London
MUSTY R & ROSSI R (2001). Effects of smoked cannabis
and oral delta-9-tetrahydrocannabinol on nausea and
emesis after cancer chemotherapy: an overview of clinical
trials, Journal of Cannabis Therapeutics, Vol. 1, No
1, pp29-42
YOUNG F L (1988). Marijuana rescheduling petition:
opinion and recommended ruling, findings of fact, conclusions
of law and decision of administrative law judge, Department
of Justice, Drug Enforcement Administration, Docket
No. 86-22, Washington, DC
Mary Lynn Mathre, MSN, RN is a certified addictions
registered nurse currently employed at the University
of Virginia Health System as the Addiction Consult
Nurse. She is co-founder and President of a national
non-profit organization called Patients Out of Time,
which is dedicated to educating the public and health
care professionals about the therapeutic value of Cannabis.
She is the editor of Cannabis in Medical Practice:
A Legal, Historical and Pharmacological Overview of
the Therapeutic Use of Marijuana and is on the editorial
board of the Journal of Cannabis Therapeutics.
<<<<<END Part #1 "Overview">>>>
Cannabis Series – The
Whole Story
Part 3: The U.S. Cannabis Prohibition and Beyond
By Mary Lynn Mathre and Al Byrne
Prohibit, from the Latin, prohibitus: to forbid,
as by law. (Webster, unabridged, 2nd Ed.)
Who would want a law banning Cannabis in the United
States and what would be their purpose? The authors
of such an idea were from many camps but their goal
was essentially the same, control. For some it was
to insure the Negroes, “freed” by the ghastly,
costly Civil War in symbolism only, were kept uneducated
and relegated to a life of manual labor and segregated
citizenship. Others saw a “jobs program” for
law enforcement. Still others saw an opportunity to
reign in the influx of Mexican immigrants, to keep
them on the fringes of life offered those of European
descent. Some had billions of barrels of newly discovered
fossil fuels to sell. These varied interests coalesced
around Cannabis to ban it’s existence from the
earth, a crusade that began in the United States in
the 1930s and continued for the last three decades
as the “war on drugs.”
Cannabis sativa, Cannabis indica, Cannabis Americana and Indian hemp were familiar
constituents of pharmaceutical remedies known to the physicians in the U.S.
up until the late 1930’s. Cannabis was a part of the Mexican culture
as a medicine, but was also smoked for its intoxicating effects. The Mexicans
knew it as marihuana or marijuana (Mary Jane) and they brought it with them
to the growing Mexican communities in the southwestern states. The “Buffalo
Soldiers ” of the U.S. Army considered a smoker’s pouch of marijuana
a basic in their bedrolls, their Army counterparts guarding the Panama Canal
Zone found it a great relaxant, and the Mexican soldiers of Pancho Villa rejoiced
its use in their marching song, LaCucaracha. The recreational use of marijuana
or reefer was also common among many black jazz musicians of the southern states,
and especially in the ethnic mixing bowl, the city of New Orleans. By the 1930s
this inhaled drug had been introduced to the American public as a new recreational
drug by the returning soldiers and the wandering jazz musicians.
The days of the alcohol prohibition were
over, and the Federal Bureau of Narcotics (FBN)
needed a new drug menace to support its existence. In
1934 the FBN’s Commissioner, Harry J. Anslinger
identified marihuana or marijuana as this new menace
(Bonnie & Whitebread, 1974). The fact that Hispanics
and “Negroes” were introducing this drug
to America’s white youth ignited the racist bigotry
of many key leaders. The powerful Hearst newspaper chain
began printing horror stories depicting marijuana as
a drug that would cause persons to commit violent crimes
or lead to insanity. Movies were released such as Reefer
Madness, that portrayed the “evil” marijuana
dealer getting young teens hooked on marijuana, and
leading to rape, murder and insanity. The title alone
demonstrates great bigotry by using the Negro slang
term “reefer” coupled with madness and visually
showing bizarre and utterly weird scenes of the “madness.”
Although considered a serious film in its time, this
film was ludicrous and is enjoyed as a comedy on college
campuses to this day. Various industrial leaders (in
oil, textiles, pulp paper) readily joined this reefer
madness hysteria with their greed-based hopes of eliminating
commercial marijuana production and competition. The
public was becoming concerned about this newspaper-generated
false threat to society and Anslinger used this opportunity
to push through legislation against marijuana.
The World Narcotic Defense Association
led by Richmond Hobson and including many former government
leaders, took a moral leadership stand against marijuana
and other narcotics. Although the American Medical Association,
reputable doctors, and government leaders were skeptical
of the WNDA because of its gross exaggerations about
drugs, Anslinger saw the potential lobbying network
available to him through this group’s literature
and used it to his advantage. The excerpt below taken
from one of their pamphlets, which was mailed to almost
every state legislator, demonstrates the exaggerations
and lies they boldly spread:
The narcotic content in Marihuana decreases the rate of the heart beat and
causes irregularity of the pulse. Death may result from the effect upon the
heart.
Prolonged use of Marihuana frequently
develops a delirious rage, which sometimes leads to
high crimes, such as assault and murder. Hence Marihuana
has been called the “killer drug.” The habitual
use of this narcotic poison always causes a very marked
mental deterioration and sometimes produces insanity.
Hence Marihuana is frequently called “loco weed”
(loco is the Spanish word for crazy).
While the Marihuana habit leads to physical wreckage and mental decay, its
effects upon character and morality are even more devastating. The victim frequently
undergoes such moral degeneracy that he will lie and steal without scruple;
he becomes utterly untrustworthy and often drifts into the underworld where,
with his degenerate companions, he commits high crimes and misdemeanors. Marihuana
sometimes gives man the lust to kill, unreasonably and without motive. Many
cases of assault, rape, robbery, and murder are traced to the use of Marihuana.
(1936, page 3)
While early efforts by Anslinger
were focused on gaining control of marijuana by including
it in the Uniform Narcotics Drug Act on the state level,
the U.S. Treasury Department recognized a new approach
that could prohibit marijuana use on the federal level.
The Marihuana Tax Act was a sneaky maneuver that would
impose a prohibitory tax, which in effect would stop
the production and sale of cannabis. Details of the
various factors influencing the passage of this Act
are discussed in detail in books on the topic (Abel,
1982; Bonnie and Whitebread, 1974; Kaplan, 1970).
The U.S. Congress ignored previous scientific inquiries such as the Indian
Hemp Drugs Commission Report of 1896. This was the first government commission
to study marijuana and in today’s business terms would be thought of
as a cost benefit analysis. The British government sought testimony from 1193
witnesses from India including 335 native and Western physicians in conducting
one of the most comprehensive studies conducted on Cannabis. Conducted between
1893 and 1894 and printed in six volumes, the Commission concluded that the
best administrative solution to the use of Cannabis by the Indian population
was to allow personal home cultivation, tax it moderately, but to continue
to allow its use as folk medicine. Prohibition was explicitly ruled out. (Abel,
1970; Aldrich, 1997)
Anslinger testified before the US Congress that, “marijuana is the most
violence causing drug in the history of mankind.” The Marihuana Tax Act
was passed in 1937 and the US had a replacement for alcohol prohibition for
the moralists and profiteers to manipulate and intimidate. More restrictive
laws were passed, harsher treatment of Cannabis users became the norm, therapeutic
Cannabis disappeared. But what about hemp? It was hard to write this article
to this point without using the word hemp. But that’s what Anslinger,
Hearst, and the others did with “marijuana.” They coined the word
from Mexican slang and sold it to the American public as a new drug. Hemp,
an absolute basic product for the United States to have prospered was not discussed
during the ad hoc hearings in Congress. When marijuana became illegal, so did
hemp. The US entered into World War II, and the US was in need of hemp goods
in the war effort. Tens of thousands of acres of US farmland were commissioned
to grow hemp throughout the course of the war to supply material for boots,
parachutes, oils, and various other needs. Thousands of hemp seeds remain to
this day in the strategic stocks held by the US government in case of war or
calamity. When WWII ended the plant again became prohibited.
The U.S. Prohibition
spread to an international agreement via the Single
Convention on Narcotic Drugs of 1961. Anslinger who
headed the U.S. delegation, proposed the section on
marijuana and his intent was to ensure that the federal
marijuana laws were not relaxed. Through this treaty,
all signatory countries agreed to enact measures to
forbid the use of Cannabis.
The Advisory Committee on Drug Dependence -1967-1968 (often referred to as
the Wootten Report after its chair, Baroness Barbara Wootten) was the most
comprehensive British study on marijuana. It essentially supported the Indian
Hemp Drug Commission’s report in every major area. The Wootten Report
noted, “In the United Kingdom the taking of cannabis has not so far been
regarded even by the severest critics, as a direct cause of serious crime.” (p.
14) This is especially noteworthy since the stronger hashish form of marijuana
was the most common form of marijuana used in Britain.
Back in the U.S. it was Communism,
Kissinger, Tonkin Gulf, body bags, Ho Chi Mihn, flower
power,and Nixon in the late 60s and early 70s. The growing
anti-war movement in the United States was penetrating
the social fabric of the states and marijuana became
its symbol. Marijuana use rose from the relative low
numbers of white middle-class users of the 1940’s
and 1950’s to the millions in the 1960’s
who used it as a weapon of rebellion as well as a substance
of recreation, medicine or spiritual engagement. It
was President Nixon who gave the US, Great Britain,
and the rest of the world the drug war we have today.
With the increased use of Cannabis in the U.S., the possible legalization of
it was a definitive part of everyday speculation in the press and in the barbershops.
Nixon did what politicians do, obfuscate and delay. He appointed his friend,
fellow right wing politician and ex governor of the conservative state of Pennsylvania
to head the National Commission on Marihuana and Drug Abuse (known as the “Schafer
Commission”) with this caveat on May Day in 1971, “I am against
marijuana. Even if the Commission does recommend that it be legalized, I will
not follow that recommendation.” (King, 1974, p.101)
The Single Convention on Narcotic Drugs,
1961, placed Cannabis, with the exception of
its leaves and stems, in the narcotic category. That
may have made some sense in 1961 when knowledge was
less advanced. In 2001 this justification is no longer
defensible. Tetrahydrocannabinol (THC), the psychoactive
ingredient in Cannabis, is not included in the treaty.
England, the US and dozens of other countries signed
the treaty without challenging the marijuana classification.
The Shafer Commission
reported that the premise for the marijuana prohibition
was wrong, the arguments flawed, that a wrong needed
righting. The Shafer Commission addressed this issue:
“
The Commission sees little sense in having the potent psychoactive ingredient
in cannabis covered in one Convention and the natural product in another. Logic
dictates combining the active ingredient with the plant form under one international
control scheme. The Commission concludes that cannabis is more appropriately
included in an international agreement which would control the hallucinogens,
stimulants, depressants, and other drugs rather then the Single Convention,
which includes narcotics and cocaine.” (p. 219) and the Commission continued
with:
“The consequences of inappropriate definition is that the public continues
to associate marijuana with the narcotics, such as heroin. The confusion resulting
from this improper classification helps to perpetuate prejudices and misinformation
about marijuana.” (p.225)
The father of the modern day drug war
ignored his commission and the prohibition of marijuana
continued.
By 1920 “the noble experiment” of alcohol
prohibition was underway. President Hoover coined that
phrase. Since so many citizens broke the law, cynicism
of law, police and politicians grew into the “roaring
twenties” with its “flaming youth”,
a generation that took delight in being a scofflaw.
The big negative was the bankroll handed to organized
crime. For over twenty years we have asked the elderly
we have met why alcohol prohibition ended. All have
said that essentially three factors played a part:
the violence of the unregulated market; the extraordinary
profits it generated; and the juries of ordinary citizens
who refused to convict non-violent alcohol offenders.
Combined, the imperfect law of prohibition was undermined
and defeated.
With the marijuana prohibition,
the cast of characters may have changed, but the cynicism,
corruption and organized crime is still with us only
now the tentacles of Americas moralistic crusade reaches
to every nation on earth. As the bard has sung “The
times are a’changing.” Europe leads the
way.
The new millennium has brought new thinking to the
policy of prohibiting Cannabis from national pharmacopoeias
and adult recreational use. The Netherlands has been
the point of the spear in challenging the moralistic,
superpower demands of America’s drug policy.
National policy in Holland separated Cannabis from “hard
drugs” and steered problems, when they rarely
occurred, to treatment rather than incarceration. In
October 2001 the Dutch Cabinet approved a bill that
allows pharmacies to fill Cannabis prescriptions and
for the government to pay for them.
The Belgium government agreed to allow the cultivation
and personal use of Cannabis. As to the Single Convention
Treaty, a Belgium government statement read in part, “We
are establishing the basis for tolerance in the law,
but our country will remain within the lines of international
law.” Private Cannabis use by the Swiss, living
in the most liberal of European states concerning drug
policy, is nationally accepted. In Portugal and Spain
adults are considered responsible enough to use it
privately just like their Italian neighbors. Cameroon
now imports Canadian Cannabis for medical use. The
President of Uruguay, Jorge Batlle, called for the
total legalization of Cannabis in an international
media presentation in early 2001. A month later, President
Fox of Mexico stated his belief that the end of the
drug cartels, drug war violence and the corruption
of governments lay in future legalization. The Caribbean
too has spoken for a change in protocol. In August
2001 the National Commission on Ganja made a strong
recommendation that Cannabis be legalized throughout
the country of Jamaica.
In England the pace of reform,
centered on Cannabis prohibition, has accelerated in
2001. And it wasn’t noise coming from the edge
but right out of the mouths of politicians who for years
have preached prohibition, as it failed as policy decade
after decade. “Top UK Tory Calls for Cannabis
to be Legalized”, London, (Reuters) was the headline
in a press release July 6, 2001 seen across the world.
Two days later The Observer noted, “Britain is
to abandon the hunt for cannabis smugglers and dealers
in the most dramatic relaxation of policy on the drug
so far. Instead the government has told law enforcement
officers, including Customs officials and police, to
target resources on ‘hard drugs’, such as
heroin and cocaine.”
Canada is preparing
to move control of the therapeutic use of Cannabis from
the underground to the professional health care community
and is considering the removal of all criminal penalties
for use by adults. By June 1, 2001 the Canadian Health
Department had issued 262 “compassionate-use permits”
and the Canadian Parliament is considering legislation
that would make therapeutic Cannabis more accessible.
The US has its own style of change. While the federal
government remains the lead advocate of prohibition
in the world, its citizens when given a chance to give
their opinion differ greatly from “the great
white father” as the American Indian knew it,
or “big brother” if you prefer a more British
take. In nine states (Alaska, Arizona, California,
Colorado, Hawaii, Maine, Nevada, Oregon, and Washington)
and the District of Columbia (a completely federally
funded city that contains the seat of the federal government)
the people voted and decided that medical Cannabis,
can and should be given to the sick under medical supervision.
A recent US Supreme Court decision sent shock waves
through America. The Court ruled that a non-profit
organization in California was breaking the law by
providing Cannabis to the ill. This was a decision
based on law not on compassion and that’s all
they meant it to be. They were right legally but the
American people saw that decision as the court upholding
the notion of prohibition, the withholding of medicine.
They reacted with outrage.
Talks shows universally heard
callers demand the sick be left alone. “Let the
doctors and nurses work with any medicine they think
appropriate,” is how a stockbroker from Salt Lake
City, Utah summed up his thoughts. In polls throughout
the US three out of four citizens believe medical Cannabis
should be available yesterday and for the first time
a small majority now view Cannabis legalization as the
pragmatic common sense solution to the to the US inspired
war on Cannabis, that has entered its 65th year of prohibition.
References
Abel, E.L. (1980) Marihuana: The First Twelve Thousand
Years. Plenum Press: NY.
Advisory Committee on Drug Dependence (1968). Cannabis.
London.
Aldrich, M. (1997). History of Therapeutic Cannabis.
In M.L. Mathre (Ed.) Cannabis in Medical Practice:
A Legal, Historical and Pharmacological Overview of
the Therapeutic Use of Marijuana. McFarland & Company,
Inc. Publishers: Jefferson, NC, U.S.A. and London.
Bonnie, R.J. & Whitebread, C.H. (1974) The Marihuana
Conviction: A History of the Marihuana Prohibition
in the United States. Charlottesville, Virginia, US:
University Press of Virginia.
Kaplan, J. (1970) Marijuana: The New Prohibition.
Pocket Books: New York.
King, R. (1974) The Drug Hangup. C.C.Thomas: Springfield,
IL, U.S.A.
Marihuana or Indian Hemp and Its Preparations, pamphlet
issued by the International Narcotic Education Association
and the World Narcotic Defense Association (1936).
National Commission on Marihuana and Drug Abuse (1972)
Marihuana: A Signal of Misunderstanding. The New American
Library, Inc.: New York.
Al Byrne is an activist and a co-founder of Patients
Out of Time