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.

  1. 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)

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