Cannabis In America: A Convoluted History with Many Serious Issues
The legal history of Cannabis is quite convoluted, with federal and state governments at cross purposes creating a dysfunctional system.
In 1937, Congress passed the Marijuana Tax Act which outlawed the possession or sale of marijuana (cannabis). The Boggs Act in 1952 provided for mandatory sentences. In 1970 Congress passed and President Nixon signed the Controlled Substances Act which made Cannabis a Schedule 1 drug having NO medical value, but a high potential for abuse. Later in 1972 Nixon ignored the Shafer Commission that recommended that Cannabis be removed from Schedule 1 making it legal. Being classified as Schedule 1 has greatly inhibited the usual thorough medical studies for this class of drugs.
In direct contradistinction to the federal government, in the 1970’s Oregon, Alaska, Maine and New Mexico decriminalized the possession of these drugs. And in 1996 California became the first state to legalize Cannabis for medical purposes. Other states have followed with most approving medical and some later recreational use. Note that medical use can be obtained easily and is the same compound that creates euphoria, THC (Ref.1,2).
The recent exception to this Schedule 1 prohibition is Hemp, Cannabis sativa, which is an agricultural product used industrially for its fiber content in the manufacturing of paper, rope, and other products (Ref.3). Growth in the U.S. is now legal under the 2018 Farm Bill. These plants have over one hundred cannabinoid organic compounds, but to be grown in the U.S. must contain no more than 0.3% delta-9 tetrahydro cannabinol, THC, much lower than in other plants (Ref.4).
Purified pharmaceutical products are not under Schedule 1 and have been approved by the FDA, such as cannabidiol purified CBD, Epidiolex for the treatment of seizures. The FDA has also approved three synthetic delta-9-tetrahydocannabinol (THC) drugs: Marinol & Syndros (dronabinol) for nausea post cancer chemotherapy and weight loss secondary to AIDS, and Cesamet (nabilone) also for nausea relief. Note these drugs are manufactured and are NOT directly from plants (Ref.5).
Because California and other states have so relaxed enforcement laws pertaining to the illegal cannabis market, legal growers/dispensers such as Curaleaf and Garcia Hand Picked are under financial stress from illegal cultivation and sales. In response, they are leaving the states of California, Colorado, and Oregon. Should this situation become national the tax bonanza promised for legalizing cannabis will significantly diminish (Ref.6). Despite trading in plant Cannabis being federally illegal, income taxes on the profits must be paid (Ref.7)
Cannabis drugs interact with the endocannabinoid receptors in the human nervous system (Ref.8). There is increasing evidence that chronic use of commercially available cannabis with its increasing concentrations of THC is addictive causing serious teen mental health disorders (Ref.9). It also appears that chronic use of these drugs causes changes in brain function increasing the amounts needed for anesthesia and pain treatments (Ref.10). Importantly, it is unknown if chronic use especially in those with yet fully developed brains will suffer severe cognitive disabilities in later years. If so, the expense caring for these individuals later in life would far exceed any tax revenues.
There are many hundreds of organic compounds found in cannabis plants with various affinities for human nervous system receptors. Because these compounds are Schedule 1, they have not undergone thorough pharmaceutical investigation by the industry. Purity and standardization of dose as in all other drugs has NOT been done. There is increasing awareness that the present product in use today containing higher doses of THC is NOT entirely benign. We need formal studies of long-term cannabis effects, and further definitions of the many organic compounds some of which may be useful therapeutic products. The pharmaceutical industry needs to be involved to research and develop what will be the best molecules to benefit health. This will probably require the cessation of Schedule 1, and the enforcement of laws agreed to by both federal and state governments.
- Scott C. Martin, A Brief History of Marijuana Law in America, TIME, April 20, 2016, available at: https://time.com/4298038/marijuana-history-in-america/ (accessed February 22, 2023)
2. Livvy Ashton, Where Is Marijuana Legal? Cannabis Legality by State (February 2023), CFAH, February 6, 2023, available at: https://cfah.org/marijuana-legality-by-state/ (accessed February 22, 2023)
3. Patrick Lynch, Hemp vs. Trees: Here is Why We Should Adopt Hemp, Way of Leaf, June 18, 2020, available at: https://wayofleaf.com/hemp/hemp-vs-trees-why-we-should-switch-to-hemp (accessed February 21, 2023)
4. John Hudak, The Farm Bill, hemp legalization and the status of CBD: An Explainer, FIXGOV, December 14, 2018, available at: https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/ (accessed February 21, 2023)
5. FDA and Cannabis: Research and Drug Approval Process, FDA, February 24,2023, available at: https://www.fda.gov/news-events/public-health-focus/fda-and-cannabis-research-and-drug-approval-process#main-content (accessed February 25, 2023)
6. Editorial Board, California’s Marijuana Paradise Lost, WSJ, February 7, 2023, available at: https://www.wsj.com/articles/california-marijuana-pot-black-market-interstate-compact-export-11675810453 (accessed February 22, 2023
7. Kyle Jaeger, IRS Releases Tax Guidance For Marijuana Industry, Schedule 6 Foundation, September 11, 2020, available at: https://www.marijuanamoment.net/irs-releases-tax-guidance-for-marijuana-industry/ (accessed February 23, 2023)
8. Crystal Raypole, A Simple Guide to the Endocannabinoid System, healthline, May 17, 2019, available at: https://www.healthline.com/health/endocannabinoid-system ( accessed March 1, 2023)
9. Erica Komisar, Legal Weed Feeds the Teen Mental-Health Crisis, WSJ, March 2, 2023, available at: https://www.wsj.com/articles/legal-weed-feeds-the-teen-mental-health-crisis-psychosis-anxiety-depression-depersonalization-jama-marijuana-e2d81752 (accessed March 2, 2023)
10. Reddy, What Doctors Are Learning About Marijuana and Surgery, WSJ, February 6, 2023, available at: https://www.wsj.com/articles/what-doctors-are-learning-about-marijuana-and-surgery-11675690381 (accessed February 22, 2023)
I quote Mattie in “True Grit”: “I will not put a thief in my mouth to steal my brains.” I tried smoking marijuana maybe twice in the 1970s and, literally, couldn’t inhale (so I sympathized with Bill Clinton!). I do enjoy an occasional wine dinner or a cold beer after mowing the grass on a hot day! My city is littered with hemp/CBD stores that never seem to have any clientele. Don’t they know it’s mostly if not all placebo effect, whatever effect their products allegedly have?? How do they stay in business?
There are a huge number of pseudoscientific articles available online with scientific sounding faux rationales for the use of cannabis. These articles usually throw around big words like “serotonin” and “dopamine” and are often accepted uncritically by those who seek to treat their ADD/chronic pain/Bipolar disorder/chronic fatigue/ or you name it with THC.
One of the best recent examples of internet medical garbage was the woman I saw recently who found some author on the internet who associated vaginitis with Wellbutrin. Her polyamorous/Bisexual boyfriend who schtups her with the penis he places in other men’s anuses has nothing to do with it, I’m sure.
Legal Marijuana today is very different from the 0.5 to 3 or 4%THC of the 1950’s, 60’s and early 70’s. Now it 12, ,15 18 %. Also some is condensed doen to 80% THC and folks are addicted, nauseated,vomiting and anxious,neurotic, paranoid and sometimes psychotic.. As a commercial I saw as a Kid, you have to be a Dope to do Dope. Still true to me. No one under 25 of so years old, Full grown should do or smoke,eat any THC. Yes we should carefully research all the different compounds,see if any good pharmaceutical uses. But not kids,decreases growth and development of mind,personality,IQ. All has a detrimental effect. Just creates more problems and Yes it is a GateWay drug…. Yes it does cause Violence and sometimes Psychosis.. No drug is safe They all have side effects if not used with care..
CHOICES,CHOICES,CHOICES.. Choose wisely..
Pat, Thank you for your comments and support, I value your opinions. Ken
As always well researched balanced and fair. Great to take on this topic. Still illegal here in Texas. I was told once that liquor was not the prime lobbyist against reefer madness – they were not organized enough in our early years as a country. Cotton was – primarily to stop hemp paper and other products from competing with cotton. The Declaration of Independence is written on hemp paper. Not cotton.
My patients that partake I always say the same thing. I don’t care if you use, I want to know if you do. It is illegal here, but no one can argue the fact that THC is safer than alcohol. We need the federal government to give us some sanity on this issue and the supreme court’s opinion will very likely be to legalize. Will see.
Big Pharma will only be interested if there are Big Profits to be made, Public research would likely be lead by NIH….do you really think that is going to happen?
Gary, Thanks for the comment, I have no idea who or when will perform the necessary research. I only know that it has to be done at some time in the future if children & others continue to use this product. Ken
Good points Ken. It’s hard to see why Big Pharma would spend the bucks to study something that would undercut their other meds. And it gives me no shortage of glee that the dishonest numbskulls that pushed legalization as a method for raising taxes are seeing their rationale collapse. Should developing teen brains use the stuff? ABSOLUTELY NOT!
Should adults hit the doob? I don’t advocate it, but nor do I care, particularly in light of the tons of psychoactives for which Big Pharma created a huge permanent demand, coopting dumb doctors to be their pushers for ever and ever, amen. Are there appropriate chronic pain uses? Probably, certainly no worse than kidney wrecking NSAIDs or addictive, ever-increasing opioid loads of decreasing efficacy.
As ever, the best way to handle the ganja as with practically everything else, is to get the government out of it, let physicians giver their honest opinions, and let people do what the hell they want.