Chapter Two: Good vs Evil (A Changing Perspective)

In order to understand the debate on the legalization of marijuana and its use in medicine, it is crucial to take into perspective the ever-changing perceptions of marijuana use in context of the social constructs in different time periods. Educating oneself on a topic that one is unfamiliar with is the best way to find the hard facts and shed light on falsifications, a quality that is critical in analyzing the moral, ethical, and scientific dilemmas presented by marijuana use. To better grasp and comprehend how the views and public opinion on marijuana use and its users has evolved, we will go back in time and chronologically map out the development of marijuana as a therapeutic agent. Along the way, we will discover how the public opinion often goes back and forth between being pro-marijuana or anti-marijuana.

Let's start our trip back in time by analyzing the first major change in public views at the end of the 19th century and the beginning of the medical marijuana movement. 

The Turn of the 20th Century: A Dramatic Shift in Public Perception

[1800] Upon arriving in the Antebellum era in America, we have to ask ourselves: how is marijuana used during this time period?

• Throughout the 19th century, drugs that are now considered illicit such as marijuana, cocaine, and opiates were once sold openly and at large to the public as painkillers
• Support for medical marijuana existed, but scientific empirical evidence was scarce

• Recreationally, marijuana did not have a large number of users in comparison to cocaine and opiate users

[Late 1800s and Early 1900s] Marijuana use was accepted for its therapeutic value by the public, right? Why then did public opinion change at the end of the 19th century?

• The public had various concerns on marijuana use, but most of the concerns were about the regulation of marijuana cultivation and possession
• Abuse of marijuana
• Ease of access to marijuana
• Rise in marijuana import
• More widespread drug addiction
• Shifting population of users (youth)
• Pressure from international treaty obligations

• Beginning in the late 19th century and early 20th century, lobbyists for drug control legislations created laws in attempt to regulate cultivation and possession - however, various loopholes existed and the laws were sporadically enforced
• The legislations of the time ultimately led the public to question whether the federal government would actually exert regulatory authority because it had failed to efficiently regulate marijuana use

[1930s-1960s] Why were regulatory authorities unable to meet the public demand for marijuana regulation? If regulatory authorities were not effective in controlling marijuana cultivation and possession, what occurred at the beginning of the 20th century that led to stricter and more enforced drug control legislation to pass? Welcome to the Anslinger Era. 

• Previously, legislations aimed to regulate marijuana by discussing public health concerns on the use of marijuana 
• It was difficult to find support for regulation however since medicinal uses were largely accepted by the public
• In 1892, Harry Anslinger, the spearhead of the opponents campaign at the beginning of the 20th century, became the commissioner of the Federal Bureau of Narcotics 
• Realizing that previous laws were ineffective since opponents used a public health approach, Anslinger revolutionized marijuana regulation by focusing on a criminal justice paradigm 

• Anslinger created the first effective regulatory legislation on marijuana use through the Marihuana Tax Act

• Although he wanted prohibition to be federally regulated, the federal government was reluctant to impose regulations because it raised the question as to whether or not prohibition is unconstitutional 
• By imposing a tax on the possession of marijuana as well as making the possession and cultivation of marijuana illegal, they were able to avert the question of constitutionality while still effectively prohibiting use of marijuana 
• Framing the act as a revenue measure (despite it not producing any revenue) effectively shielded the true intention of the tax act, which was to prohibit marijuana use
• The law-enforcement oriented approach was based on the idea that addicts should be handled with punishment and criminally rather than with treatment and rehabilitation 
• Once Anslinger became commissioner, marijuana was removed from the United States Pharmacopeia 
• This effectively ended the use of marijuana as medical treatment and eliminated the research opportunities
• Removal from the pharmacopeia meant that marijuana was not recognized for its pharmacological properties

Another question arises when analyzing the Anslinger Era; what tactics did the the opponents use to gain support? What were the factors used to justify drug control policy and marijuana regulation?

• The campaign against marijuana use, cultivation, and possession used a biased approach to sway the views of the public 

• The first claim made by Anslinger was that marijuana made black men have sex with white women (given the racial social constructs of this time, it should be quite clear why this claim was so appalling to social leaders) 
• Opponents portrayed the population of users as deviant from American society and therefore a threat to mainstream norms and values
• The stereotype classified users of marijuana as ethnic minorities that promoted insanity, crime, and violence
• Anslinger often told biased stories of insanity, murder, addiction, and the crimes and violent acts people under the influence of marijuana had committed 
• The hearings were given to audiences that knew very little about marijuana and its effects
• This allowed for Anslinger to more efficiently influence the public belief to support the idea that there is a link between marijuana use and unpopular behaviors 
• Particular scrutiny was given to women who used marijuana
• Usage in woman was believed to be a violation of gender roles and a threat to modernity, capitalism, society, biological reproduction, and even civilization
• The US needed to fulfill international pledges and had to take the legal and moral lead in an international drug control effort
• Passing of the first domestic anti-drug legislation allowed them to fulfill this requirement

The End of the 20th Century: Wavering Public Perception

[1960s-1990s] If marijuana use was under strict regulation and was effectively prohibited with support from the majority of the population, were there any supporters of the medicinal use of marijuana? Say hello to the medical marijuana movement.

• Opposition was virtually nonexistent, and any opposition that did emerge quickly failed
• Advocates faced many difficulties in gathering support and any protest was more often than not ineffective, impermanent, and unnoticed 
• Public Advocates
• Dr Walker Treadway - Public Health Representative
• Raised concern on the accuracy of the claims on the effect of marijuana that was made by Anslinger and his campaign
• John Coffee - Congressman 
• Publicly opposed drug policy and condemned the punitive approach to drug policy and denial of treatments to drug addicts
• Fiorella LaGuardia - Mayor of NYC
• Presented findings that found no link between marijuana and crime, aggressive or antisocial behavior, or personality change 

If the attempts to make regulatory legislations were ineffective, impermanent, and unnoticed, then there is no way that the medical marijuana movement was able to make a difference, right? Wrong! Say goodbye to the Anslinger era.

• With the retirement of the commissioner of the FBN in 1962, the Anslinger era ended and marked a new age in which the public view of marijuana once again shifted 
• Mental health professionals gained a voice in the policy debate over the use and possession of marijuana
• Goal was to redefine drug abuse as a disease that required health measures rather than law-enforcement measures 
• The idea that addiction should be treated as a disease rather than a crime gained credibility
• Law-enforcement based approach to marijuana use declined as a result
• During the 1960s, marijuana became associated with antiwar and antiauthority sentiment and even became glorified through the movies and music
• It became a symbol for the quest to find pleasure and self-enlightenment

So did the medical marijuana movement succeed in eliminating the regulation on marijuana use? Not quite, there was still some work to be done. 

• Marijuana use still wasn't legal but advocates had more opportunity to be heard than before
• Physicians, psychiatrists, and other public health officials were allowed to participate and greatly influenced the way the hearing went 
• More focus was given to research, education, rehabilitation, and social frame working
• Goal during this time period was to not only eliminate supply, but also the demand as well
• Presidential influence during this abandoned exclusive law-enforcement approach and increased budget for treatment, prevention, and research
• Creation of the Comprehensive Drug Abuse Prevention and Control Act in 1970 brought all anti-drug legislations under one statute
• Changed the framework so that instead of the drug control policy being considered a revenue measure, it was included in the interstate commerce clause to more rightfully justify narcotic regulation
• Created a five-schedule system designed to classify drugs based on potential for abuse and accepted medical use
• Placed marijuana under "Schedule 1", meaning that it was not accepted for medical use and had high potential for abuse
• CDAPCA abandoned mandatory minimum sentence and reduced possession from a felony to a misdemeanor

Let me get this straight, the end of the 1970s marked a time where public perception regressed back to the mindset during the Anslinger era? Sort of! Public opinion went back and forth for some time between 1980-1990 (and still does to this day).

• Drug abuse was still considered to be the number one problem due to growing conservatism on social and moral issues
• Renationalization of drug control policy that emphasized law-enforcement and punishment served as a major drawback for proponents of medical marijuana
• A change in framework and institutional venues in 1990 served as a great success for the medical marijuana movement 
• Success could be attributed to ballot box and strategic framing of policy that shaped preferences and changed minds (activated public support and made it electorally relevant)
• Polls indicated that there was strong public support for the therapeutic use of medical marijuana 
• This shifted attention from legalization of marijuana to more sympathetic themes such as patient rights, medical autonomy, treatment options, and compassion
• Goal of proponents was to redefine marijuana as therapeutic rather than a drug associated with crime and violence
• Avoided issues of recreational use and instead encouraged public to make a distinction between recreational and medical use of marijuana

The 21st Century: Contemporary Views on Marijuana

Flash forward to present day and we find ourselves immersed in a country where marijuana is legalized in 2 states and approved for medical use in 21 states. As the leading illicit recreational drug, marijuana is now more than ever of direct importance to our generation and generations to come. 

Here are some key things to know about marijuana in todays day and age:

• It is the 3rd most popular recreational drug (1st elicit recreational drug) in America
• Alcohol and tobacco claim the #1 and #2 spots respectively 
• It is used by nearly 100 million Americans 
• 42% of US population has tried marijuana at least once
• Marijuana is far less dangerous than alcohol or tobacco
• 50,000 people die each year from alcohol poisoning
• 400,000 people die each year from tobacco smoking
• No one has ever died from or overdosed on marijuana
• Enforcing marijuana prohibition costs taxpayers $12 billion annually
• Most comes from arrest of over 740,000 individuals (more than total number of arrestees for murder, rape, robbery, and assault)
• Legalizing marijuana would generate $8.6 billion in federal and state tax revenue per year
• Since the legalization of marijuana for medical and recreational use in Colorado, it has stimulated their economy by $2 million

And here's a fun fact:

• George Washington grew marijuana in his farm!

With increasing evidence to support therapeutic value of marijuana and more lenient legislations, marijuana is now at the brink of becoming legalized nationwide both recreationally and medically. However, let's not forgot the past! If there is one thing you should remember from our travel back in time, it's this: public perception changes over time according to the social constructs and zeitgeist (leading intellectual schools of thought) of that time period. The driving force behind changing perspectives? Empirical scientific evidence!

References

1. Ferraiolo, Kathleen, "From Killer Weed to Popular Medicine: The Evolution of American Drug Control, 1937 - 2000," Journal of Policy History 19 (2007): 147-179, accessed September 9^th, 2010.
2. http://norml.org/marijuana

Image Sources

1. http://thearrowsoftruth.com/fact-cannabis-kills-cancer/
2. http://www.marijuanamarihuana.biz/news/2013/08/dr-oshaughnessy-cannabis-was-medicine-before-prohibition/index.html
3. http://www.peachridgeglass.com/2013/02/cannibis-bottlemarijuana-tax-act-1937/
4. http://www.theweedblog.com/marijuana-history-harry-anslingers-gore-file/
5. http://www.tokesignals.com/worth-repeating-marijuana-laws-stuck-on-stupid-for-76-years/
6. http://www.pinterest.com/meg2dance/highh-love/
7. http://www.alternet.org/21st-century-paperwork-marks-new-era-ancient-medicine