How Cannabis Became Illegal

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It actually wasn't until 1970 that cannabis, by virtue of being declared a Schedule l drug, officially became illegal and of no medicinal value. In the 33 years between 1937 and 1970, cannabis was not, technically, illegal. The Marijuana Tax Act of 1937 did, however, make it illegal to produce, possess, or consume cannabis without the permission of the federal government—as expressed in the form of a special cannabis tax stamp. 

Why is Cannabis Illegal?

To fully understand the merits of cannabis as medicine—and see through the stereotypes and misperceptions that plague the herb—it’s important to know how and why it became illegal in the first place. Why would a supposedly helpful medicine be outlawed by one of the most economically and culturally advanced nations in the world?

Racism, religious intolerance, corporate greed, and corrupt legislators all contributed to the current state of cannabis prohibition. To put things in perspective, consider that cannabis has been illegal for less than one percent of the time that it has been in use by humans (primarily for medical purposes, not euphoria).

The First Cannabis Laws

Ironically, the first cannabis law in the United States, in Jamestown Colony, Virginia, in 1619, was one requiring farmers to grow it. Similar laws existed in the Virginia colony between 1763 and 1767. Hemp, the industrial form of the cannabis plant that features few or no euphoria-producing flowers, was so common in colonial America that citizens used it as legal tender and could even pay their taxes with it. A hundred years later, the U.S. Census of 1850 documented 8,327 hemp plantations of at least 2,000 acres each.

The U.S. Census of 1850 documented 8,327 hemp plantations of at least 2,000 acres each.

One of the first municipal laws banning cannabis was a 1914 ordinance in El Paso, Texas, supposedly intended to curb violence (a fight had erupted between a Mexican—accusedly under the influence of cannabis—and a white citizen). The real purpose of the law, however, was to discriminate against Mexican immigrants, not the herb in their pockets.

Mexican men had begun to socialize with white women, much to the chagrin of the conservative white leaders and businessmen who ran El Paso. Because Mexicans used cannabis, its prohibition gave American authorities a convenient excuse to jail or deport them (similarly, opium was banned in the United States in 1909 to, in part, discriminate against Chinese immigrants).

A Texas senator, in an official statement from the floor of the senate, proclaimed, “All Mexicans are crazy, and this stuff [cannabis] is what makes them crazy.” When Montana banned cannabis in 1927, the Butte Standard quoted a legislator as saying, “When some beet field peon takes a few traces of this stuff, he thinks he has just been elected president of Mexico, so he starts to execute all [of] his political enemies.”

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About The Author

Curt Robbins is a technical writer, instructional designer, and lecturer who has been developing science-based educational and training content for Fortune 200 enterprises for more than 30 years. His clients have included Federal Express, Microsoft, Sun Microsystems, Northrop Grumman, National City Bank, Strainprint Technologies Ltd., the J.M. Smucker Company, and USAA. 

Robbins has developed more than 600 educational articles regarding hemp and its various health components, including terpenes, cannabinoids, and the human endocannabinoid system for clients in the U.S., Canada, and Israel. His latest white paper, CBG: The Mother of Cannabinoids, is an evidence-based 50-page deep dive into the biochemistry of the hemp-derived phytocannabinoid cannabigerol that features 60 peer-reviewed research study citations.

Robbins currently serves as Director of Curriculum Development for Higher Learning LV? based in Las Vegas, Nevada. Robbins can be found on Twitter at @RobbinsGroupLLC and via email at [email protected]. To learn more, search for his social media hashtag campaigns on your favorite social media network:

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