Bertelli 1

Rafael Bertelli
Professor Nakra
HIST 1700
5 August 2018

We[ed] the People…

Look at Marijuana’s history in the United States, and you’ll realize it’s been a stimulating

trip – pun intended. You can say America has been a selfish partner to sweet Mary Jane

throughout the years. Understanding how the Cannabis plant was once a valuable part of our

country during colonial times to how it became the infamous gateway drug, and now a booming

cash crop, is a matter of interpreting the green behind the green. The relationship between

capitalism and Cannabis – which divided, united, and defined aspects of our country – comes full

circle throughout American history.

Hemp had a profound association in the founding of our country. It provided America’s

first explorers the cordage for ropes and sails needed to cross the Atlantic. At one point, it served

as a currency under the Virginia Assembly and its products were highly used in our economy. It

would later supply the printing presses with the hemp paper that would organize our militias and

help us declare our independence.1 Sure, the final version of the Declaration of Independence

was done on parchment, but its initial drafts were done on hemp paper. In fact, even copies of the

good ol’ Bible were written on hemp paper. So, what caused the noble plant to go from saint to

sinner and be dubbed the devil’s lettuce?

By 1850, since it had already been safely prescribed for its medicinal qualities, the United

States’ Pharmacopeia had approved various illnesses to be treated with the use of cannabis.2 But

1 “Turning Seeds into an American Icon: A History of Hemp in the U.S.” YouTube, (National Geographic), Video File, October
2016. 2018 Web. https://www.youtube.com/watch?v=kMmVBpxW0QU
2 “Historical Timeline. History of Marijuana as Medicine 2900 BC to Present” ProCon.org, (2018 ProCon.org),2018 Web.

https://medicalmarijuana.procon.org/view.timeline.php?timelineID=000026
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during the early 1900s, the Temperance Movement had gained significant traction and the

overall attitude towards drugs and alcohol had changed during the Progressive Era.

In 1906, the Pure Food and Drug Act required proper labeling of products containing

cannabis and other drugs. Its recreational use wasn’t widespread until an influx of Mexican

immigrants, fleeing political unrest of the Mexican Revolution, came into the United States.

Marijuana, as it was called by the Mexicans, became associated with the immigrants and other

minorities, which instigated fear and prejudice. When the Eighteenth Amendment of the

Constitution was ratified by Congress in 1920, officially marking the start of the Prohibition Era,

the plan backfired. Xenophobic and naïve, the American government essentially handed over a

market to gangsters, like the notorious Al Capone, who took advantage of the capitalist venture

and dominated the sales of drugs and alcohol in big cities. And with that, the rise of speakeasies,

Chinese Opium dens, and the underground jazz scene facilitated the consumption and

continuance of drugs and alcohol.

Up until now, the split between America and Maryjane had been well-mannered.

However, with the establishment of the 22nd Amendment in 1933, things began to take a sour

turn after Prohibition was repealed and fear of the criminal effects of the drug instigated further

research on Marijuana. Then came Henry Anslinger, the less evil, party pooper, American

equivalent to the Hitler of Marijuana. This guy hated the good stuff and anyone who used it. In

1930, the Federal Bureau of Narcotics was established with Anslinger appointed as First

Commissioner, and with the help of his friend, William Randolph Hearst, a publishing and

timber mogul who owned major newspapers and popular magazines,3 a ruthless campaign

against Marijuana was launched by instilling fear into the American public through sensationalist

3Rabinski, Gooey. “Meet the man responsible for marijuana prohibition” MassRoots. (MassRoots Inc. 2015), 2018 Web.
https://www.massroots.com/learn/the-man-responsible-for-marijuana-prohibition/
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media reports and government propaganda campaigns. As uptight as Anslinger was, in 1936 he

was inadvertently responsible for releasing what is now arguably one of the most entertaining

stoner films of all time, “Reefer Madness.” The film helped push Anslinger’s anti-Marijuana

propaganda and most certainly saw profit from prohibition do-gooders who helped to outlaw the

plant.

During his administration, Anslinger was credited with making several inflammatory and

absurd, fear mongering statements, such as: “There are 100,000 total Marijuana smokers in the

U.S., and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz and

swing, result from Marijuana use. This Marijuana causes white women to seek sexual relations

with Negroes, entertainers and any other.” My personal favorite: “Reefer makes darkies think

they’re as good as white men.” I don’t know what this guy was possibly smoking, but it makes

you wonder who was really paranoid, violent, and disconnected with reality, like his propaganda

presented. Although these specific quotes have been disputed by historians, their rhetoric weren’t

far from the truth. Racism and segregation in America were still in full force at this time and the

negative public perception of the drug and its association with marginalized groups was apparent

in the number of arrests that were brought forth with the introduction of the 1937 Marijuana Tax

Act, followed by the Boggs Act in 1952 and the Narcotic Control Act in 1956. These Acts

essentially criminalized and set mandatory sentences for drug related offenses.4 Compared to

Whites, African-Americans were three times more likely to be arrested for violations and

Mexicans were close to nine times more likely to be arrested for the same charge.5

Once again, capitalism prevailed. Support from lobbyists, and advertisements for tobacco

and alcohol companies, together with individuals like Hearst, eliminated the competition hemp

4 Hudak, John. 2016. “Marijuana: A Short History.” Washington, D.C.: Brookings Institution Press, 2016. eBook Collection
(EBSCOhost), EBSCOhost, p.32 – 40.(accessed August 5, 2018).
5 Pagano, Alyssa. “The Racist Origins of Marijuana Prohibition” Business Insider, (2018 Insider, Inc.), 2018. Web.

https://www.businessinsider.com/racist-origins-marijuana-prohibition-legalization-2018-2
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was posing. A front for government financial kickbacks and a source of campaign revenue from

these industries lead millions of dollars to be focused into prisons and the massive creation of

law enforcement jobs that have been maintained by cannabis prohibition.6 We continue to see the

lucrative effects of systemic racism in today’s privatized prisons as criminalization still

disproportionally affects minorities groups in the U.S. The more legislation that got wrapped

around it, the more profitable it became for the underground movement and its criminal

enterprises. The more infrastructure that was set up to fight it, the more creative the dealers got,

and more money followed it, both legally and illegally.

Most consider the successful rise of the pharmaceutical industries in America to be

related with the end of World War II and scientific advancements in that field. One player in this

industry was Lammot du Pont II, who owned several companies, including pharmaceutical

corporations. Du Pont had an interest in torching the skunky plant, but he wasn’t looking to get

high. He has also been implicated with the outlawing of hemp and was a supporter of Hearst’s

and Anslinger’s objective. As the saying goes, “If you can’t control it, make it illegal,” and since

a plant cannot be patented under United States law,7 it’s understandable, that in a competitive

economy, pharmaceutical industries would want to protect their financial interests and push to

keep it illegal to advance their own patented products. The pharmaceutical industry’s growth was

bolstered further with funding from the government, with the National Institute of Health’s

federal funding rising to nearly $100 million by 1956,8 what is compared to almost a billion

dollars in today’s currency. After its role in both World Wars and position in the world economy

6 David. “Capitalism’s War on Cannabis” Regulate Medical Marijuana. (regulatemedicalmarijuana.org 2017), 2018 Web.
http://www.regulatemedicalmarijuana.org/news/capitalisms-war-cannabis/
7 “General Information about 35 U.S.C. 161 Plant Patents” United States Patent and Trademark Office. (Technology Center

1600). 2018 Web.

https://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/general-information-about-35-usc-161
8Walsh, Robin. “A History of the Pharmaceutical Industry” Pharmaphorum. (2009 – 2018 Pharmaphorum Media Limited. 2010),

2018 Web. https://pharmaphorum.com/articles/a_history_of_the_pharmaceutical_industry/

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with its diverse market, the United States had become an international Superpower. With this

leverage, the United States’ drug policies made a global impression, and recreational Marijuana

became prohibited internationally in 1961 when members of the United Nations signed the

Single Convention on Narcotic Drugs treaty.

A glimmer of hope for young stoners came with a shift in the political and cultural

climate as attitudes towards smoking weed began to chill...sort of. Presidents Kennedy and

Johnson, commissioned reports that found Marijuana’s use to not have correlations with

inducing violence and suggested sentences were unduly harsh.9 Partaking in Marijuana use

became popular amongst young white people, and in a sense served as a means for them to rebel

and move on from their parents boring expectations and mainstream lifestyles. The creative

exploration and influence of counterculture movements in the 50s with the Beat Generation and

the Hippie Movement in the 60s and 70s produced great literature and music. “Howl and Other

Poems” by Allen Ginsberg is considered one of the most important contributions to American

literature and the Beat movement. The author believed that smoking Marijuana opened his eyes

to truths about society and the global community at large, and inspired his work, which

challenged the status quo. In August of 1969, with a crowd reaching nearly half a million, the

Woodstock Music Festival hosted “3 Days of Peace and Music” and was regarded as a pivotal

and definite nexus for this generation.10 It seemed as if Maryjane had finally dusted herself off

from the break-up and was finally enjoying a pleasant time with friends – Marijuana sales were

fueled or at least supplemented with the emergence of countercultures and all it had to offer.

9
PBS. (1995 – 2004 WBGH Educational Foundation), 2018 Web.
https://www.pbs.org/wgbh/pages/frontline/shows/dope/etc/cron.html
10
History.com Staff. “Woodstock Music Festival Concludes” History. (A+E Networks. 2009), 2018 Web.
https://www.history.com/this-day-in-history/woodstock-music-festival-concludes
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However, despite all the peace and love, it did little for the acceptance of the plant as

President Nixon, who promised to restore law and order, exploited the dirty Hippies’ vehement

disapproval of the ongoing Vietnam war and their drug use, as a means to emphasize further

legislations that restricted the drug. The Controlled Substance Act was passed in 1970, repealing

the Marijuana Tax Act and classifying Marijuana as a Schedule I drug. Guilty by association and

where it all began, in the beginning of the 20th century, Maryjane is grouped with its far less

attractive cousins and apparent partners in crime, Heroin, Opium, Cocaine and Meth. Under the

act, the drug is considered to have a high potential for abuse, with no medicinal qualities

(ch’yeah, riiiight) and is rendered unsafe even under medical supervision.11

Interestingly enough, because of the Controlled Substance Act and its policy’s

classification of the substance, conducting research into the medical benefits of Marijuana have

since been especially difficult in the United States. A whiff of the flower and the money

surrounding it comes back around again during this time. Regardless of the government’s views

and restrictions, the United States’ National Institute of Health in a… joint…effort, have funded

an Israeli research team with an annual $100,000 to examine its properties since 1964. This has

also driven American research and development companies, along with their money, to take

testing and clinical trials of medical marijuana treatments overseas.12

Today, after many affairs, American capitalism and Maryjane have for the most part

rejoined in fiscal and cultural matrimony. Currently, 9 states have legalized the use of

recreational Marijuana, a total of 30 states have legalized its medical use, and a 2017 Gallup poll

indicated that 64% of Americans are in favor of legalization.13 This drastic change of opinion has

11“Controlled Substance Act” DEA.gov. 2018. Web.

https://www.dea.gov/druginfo/csa.shtml
12Schwartz, Yardena. “The Outsourcing of American Marijuana Research” Newsweek. (2018 Newsweek LLC), 2018 Web.

https://www.newsweek.com/2015/12/25/outsourcing-american-marijuana-research-406184.html
13 Cheng, Jenny. “This Map Shows Every State that has Legalized Marijuana” Business Insider (2018 Insider, Inc). 2018 Web.

https://www.businessinsider.com/legal-marijuana-states-2018-1
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prompted market stakeholders to expose the commodity to the rules of the free market, paving

the way for institutional capitalism to eliminate the advantages of the black market, requiring

proficiency and increased structure. Progress has been made, but because Marijuana is still

federally illegal, businesses in the Cannabis Industry are hindered from functioning as a

legitimate line of business. Facing high insurance premiums and lack of coverage, businesses are

left in a Catch 22, as they are consequentially deemed cash businesses, leading to taxation

issues.14

Considered the modern cash crop, Marijuana is estimated to be worth close to $55.8

billion by the year 2025 in the medical market alone.15 For the U.S. agricultural sector, which has

recently experienced a hit in its numbers due to our current administration’s mismanagement in

foreign affairs, this will come as a major break for farmers who have struggled to maintained

profitability with their current products and their prices. This will also further commercial

opportunities in the creation of new jobs in its cultivation, safety, and quality control

management while additionally allowing the U.S. to compete in a growing world market against

countries like Uruguay and Canada, who recently legalized Marijuana with the passing of the

Cannabis Act. As it is famously said by those in a smoking circle, “puff, puff, pass.” In the

capitalist mecca of the world, Cannabis greatly influenced the social fabric of our nation and its

presence inspired movements, art, and literature. A biased attempt to control it through harsh

criminal sentences altered the lives of many, specifically in minority groups and their

communities that dealt with the ramifications of its management. All in all, the green behind the

green kept the money circulating into the hands of those who opposed or supported it.

14 Tyson, Victor P. 2015. “Marijuana: Emerging Legal Issues and Federal Tax Proposals.” New York: Nova Science Publishers,
Inc, 2015. eBook Collection (EBSCOhost), EBSCOhost, p. 22, (accessed August 5, 2018)
15 “Medical Marijuana Market to Reach USD 55.8 Billion by 2025” Grand View Research. (2018 Grand View Research, Inc),

2018 Web.
https://www.grandviewresearch.com/press-release/global-medical-marijuana-market”