If you are wondering why so many towns are quick to jump on the marijuana ban bandwagon, you might be surprised to learn our inherent fear of weed is rooted in systematic racism. The propaganda and fear-mongering dates back to scapegoating Mexican immigrants to the United States in 1910- after the Mexican Revolution. Marijuana has been classified as an illicit narcotic dating back to the 1937 Marijuana Tax Act in the United States. The statute effectively criminalized marijuana, restricting possession of the drug to individuals who paid an excise tax for certain authorized medical and industrial uses- which would result in nearly nobody being able to use it legally. Much of this fear and hysteria dates back to the 1910 Mexican Revolution; but a time in the world where most illegal “hard drugs” were available for purchase at a pharmacy.

Government-Backed Propaganda posters urging Americans to reject Marijuana use

American production of hemp was encouraged by the government in the 17th century for the production of rope, sails, and clothing. (Marijuana is the mixture of dried, shredded flowers and leaves that comes from the hemp plant.) In 1619 the Virginia Assembly passed legislation requiring every farmer to grow hemp. Hemp was allowed to be exchanged as legal tender in Pennsylvania, Virginia, and Maryland. Domestic production flourished until after the Civil War, when imports and other domestic materials replaced hemp for many purposes. In the late nineteenth century, marijuana became a popular ingredient in many medicinal products and was sold openly in public pharmacies.

Another Government-backed Propaganda poster demonizing the use of Marijuana

After the Mexican Revolution of 1910, Mexican immigrants flooded into the U.S., introducing to American culture the recreational use of marijuana. The drug became associated with the immigrants, and the fear and prejudice about the Spanish-speaking newcomers became associated with marijuana. Anti-drug campaigners warned against the encroaching “Marijuana Menace,” and terrible crimes were attributed to marijuana and the Mexicans who used it. During the Great Depression, massive unemployment increased public resentment and fear of Mexican immigrants, escalating public and governmental concern about the problem of marijuana. This instigated a flurry of research which linked the use of marijuana with violence, crime and other socially deviant behaviors, primarily committed by “racially inferior” or underclass communities. By 1931, 29 states had outlawed marijuana.

By 1930 in the United States, our elected officials created the Federal Bureau of Narcotics (FBN) with Harry J. Anslinger being the first Commissioner of the FBN and remained in that post until 1962. Concern about the rising use of marijuana and research linking its use with crime and other social problems created pressure on the federal government to take action. Rather than promoting federal legislation, the Federal Bureau of Narcotics strongly encouraged state governments to accept responsibility for control of the problem by adopting the Uniform State Narcotic Act.

Hollywood would get on the anti-marijuana movement come 1936 with the Propaganda film “Reefer Madness” being released to American audiences. The movie was produced by the French director, Louis Gasnier. The Motion Pictures Association of America, composed of the major Hollywood studios, banned the showing of any narcotics in films at the time- but the message of marijuana being bad was clearly illustrated.

After the movie did its’ damage, anti-marijuana and anti-Mexican immigration sentiment was running rampant in the United States; and after a lurid national propaganda campaign against the “evil weed,” Congress passed the Marijuana Tax Act. The statute effectively criminalized marijuana, restricting possession of the drug to individuals who paid an excise tax for certain authorized medical and industrial uses.

World War 2 would bring a completely different set of priorities for the world, and hemp would prove itself as a valuable raw material for troops fighting the war. The then-groundbreaking La Guardia Report finds marijuana less dangerous in this early public research study. The New York Academy of Medicine issued an extensively researched report declaring that, contrary to earlier research and popular belief, use of marijuana did not induce violence, insanity or sex crimes, or lead to addiction or other drug use. During World War II, imports of hemp and other materials crucial for producing marine cordage, parachutes, and other military necessities became scarce. In response the U.S. Department of Agriculture launched its “Hemp for Victory” program, encouraging farmers to plant hemp by giving out seeds and granting draft deferments to those who would stay home and grow hemp. By 1943 American farmers registered in the program harvested 375,000 acres of hemp.

With WW2 in the history books, the United States Government turned to stricter drug laws in the 1950s, with marijuana continuing to be classified as an illicit drug with no medicinal or recreational value. The USA enacted federal laws (Boggs Act, 1952; Narcotics Control Act, 1956) which set mandatory sentences for drug-related offenses, including marijuana. A first-offense marijuana possession carried a minimum sentence of 2-10 years with a fine of up to $20,000. This also opened the door for police and government agents to enforce drug laws stricter, including marijuana, with a disproportionate amount of arrests and convictions of minorities and peoples of color for merely possessing weed.

President Ronald Reagan was famously known for the “Just Say NO” campaign to urge children to avoid using illegal dangerous drugs. Still by 1986, marijuana was strictly grouped into Schedule 1 drugs with cocaine, heroin, LSD, and other drugs with zero medicinal value and a high potential for abuse. President Reagan signed the Anti-Drug Abuse Act, instituting mandatory sentences for drug-related crimes. In conjunction with the Comprehensive Crime Control Act of 1984, the new law raised federal penalties for marijuana possession and dealing, basing the penalties on the amount of the drug involved. Possession of 100 marijuana plants received the same penalty as possession of 100 grams of heroin. A later amendment to the Anti-Drug Abuse Act established a “three strikes and you’re out” policy, requiring life sentences for repeat drug offenders, and providing for the death penalty for “drug kingpins.”

Public attitudes for adults using marijuana as medicine was changing, but the laws wouldn’t catch up until 1996 in California. California voters passed Proposition 215 allowing for the sale and medical use of marijuana for patients with AIDS, cancer, and other serious and painful diseases. This law stands in tension with federal laws prohibiting possession of marijuana. Today in 2021 we thankfully have 36 out of 50 states that permit the use of marijuana for medical patients under the recommendation of a doctor. Even better is the fact that 17 our of 50 states permit the adult use of recreational marijuana; allowing dispensaries to operate like a liquor store or bar with a license.

As we sit here in April of 2021 watching various antiquated ultra-conservative town councils and governing bodies attempt to ban marijuana in their towns- it seems quite embarrassing. Towns like Brick, Seaside Heights, Berkeley, Lacey and others have quite an extensive list of social problems they should be solving instead of worrying about marijuana dispensaries. They could choose from mental health, heroin addiction, homelessness, property taxes, school improvements, or any other issue they should be improving for our lives- instead of banning legal marijuana. We urge Toms River, and all other backwards-thinking elected officials to understand the will of a modern society. Society is NOT living in a 1930s world anymore- times have changed along with public opinion on marijuana. It is high time some of you towns and mayors do not get caught on the wrong side of history, yet again.

Primary Source for much of the federal legislation from 1910 on–> https://www.pbs.org/wgbh/pages/frontline/shows/dope/etc/cron.html?fbclid=IwAR1mYFdeBJtcBBMIKaYbRjo7mHVMMLyUUbmfGha053UtGGa6NIz90heOgc0