Running Head: MARIJUANA USE AND LAWS 1

Marijuana Use and Laws: A Review of the Literature

Isaac Lopez
University of Texas at El Paso











MARIJUANA USE AND LAWS 2

Abstract
Marijuana is a plant that has a diverse history when it comes to its use by humans. It
has an incredibly diverse range of uses including medicine, food, clothing, and
textiles. However, within the last century many laws have come into existence,
which prohibits its use. This literature review will inform the reader of the history
of marijuana use among humans as well as the laws that have come into existence.
Efforts to reform these laws will also be reviewed. Also considered is the American
peoples views on reforming the laws that prevent Americans from using marijuana.














MARIJUANA USE AND LAWS 3

Marijuana Use and Laws: A Review of the Literature

One of the most ancient plants cultivated by mankind, cannabis has been in
use by humans for thousands of years. Particularly useful is the cannabis plant
variant that produces hemp, which can be used to make a great variety of useful
products. Since the beginning of the 20
th
century all-pervasive laws have come into
existence that have prohibited the cultivation of all forms of cannabis. Of course, this
is obvious since the last few generations have grown up being taught that marijuana
is a dangerous and illegal narcotic. The Drug Enforcement Administration currently
has cannabis classified as a Schedule I narcotic, which make the claim that it is
worse than cocaine and meth when it comes to its negative effects on humans and
any medical properties it may have. This scheduling states that cannabis does not
have any medical accepted uses and poses a threat of severe psychological and
physical dependence. This classification also makes it illegal to cultivate the variant
that produces hemp. However, many advocates for the reform of marijuana laws
have had a considerable amount of influence on current policies. The greatest
example of this influence is the legalization of marijuana in the states of Washington
and Colorado. To get a better understanding of marijuana and current laws
surrounding it, one could consider the following three questions as a starting point:
1.) What is the history of marijuana and its utilization by humans?
2.) If the cannabis sativa variant responsible for hemp contains negligible
amounts of tetrahydrocannabinol (THC), then why is there no
MARIJUANA USE AND LAWS 4
differentiation when it comes to classification by the Drug Enforcement
Administration?
3.) What is being done about marijuana prohibition?

What is the history of marijuana and its utilization by humans?
When looking at the history of cannabis, it is interesting to realize that
marijuana has been legal and used by humans for thousands of years. Evidence of
cannabis use dates back to at least 2,500 BCE. ("The 10,000-year World History of
Hemp and Cannabis", n.d.) One of the first dated examples comes from cave
paintings found in China. Cannabis was first harvested for its seeds, which are a rich
source of amino acids, to be used for food. Cannabis is a superior crop due to its
ability to grow in a great variety of terrains, the high rate at which it grows, and its
friendliness to its environment by not leaching to the soil. This means that the
cannabis plant has the ability to replenish its soil with nutrients, which can be used
by subsequent crops. It was later discovered that the fibrous material contained
within the stalk of the cannabis plant could be used to create hemp, which is a by-
product that was realized could be used to create useful items such as rope, clothing,
and textiles. Hemp was used extensively during the age of sailing ships.
Interestingly, the three ships Christopher Columbus sailed with to the New World
had ropes and sails made entirely from hemp. During the first colonial days of what
was to become America, cannabis was one of the first crops to be harvested. In fact,
The Virginia Assembly enacted legislation with prompted farmers to cultivate hemp
in 1619. Hemp continued to be produced and imported into the New World up
MARIJUANA USE AND LAWS 5
through the 1800s when other hemp like products, such as cotton, were realized
could be used as a cheap substitute. This was caused primarily due to the invention
of the cotton gin. (Orton n.d.)
One of the greatest findings about cannabis is the medicinal property that the
plant contains. Evidence goes back to at least 5,000 years of humans using
marijuana for its medicinal properties, making it one of the first plants to be used
for this purpose. (Pertwee , 2006) The first evidence for marijuana being used is in
2737 BCE. (Borgelt, Franson, Nussbaum, & Wang, n.d., p. 1) Present day, medical
marijuana is prescribed for many purposes. Due to marijuanas classification as a
schedule I substance, it remains difficult for researchers to do work on the plant.
Towards the end of the twentieth century and into the twenty-first century,
research has been increasingly underway to determine the exact medicinal
properties of cannabis. It was found that the primary compound responsible for the
psychoactive properties of cannabis is delta-9 tetrahydrocannabinol (THC).
Cannabis also contains a class of compounds known as cannabinoids, which are
similar in structure to THC and have medicinal properties. Various levels of THC and
CBDs have different medical effects on the human body (Borgelt et al. 2013).
According to the paper, The Pharmacologic and Clinical Effects of Medical
Cannabis by Laura M. Borgelt, Kari L. Franson, Abraham M. Nussbaum, and George
S. Wang, medical marijuana can be used to treat conditions such as cachexia, cancer,
glaucoma, human immunodeficiency virus infection/acquired immune deficiency
syndrome, muscle spasms, seizures, severe nausea, severe pain, and sleep disorders.

MARIJUANA USE AND LAWS 6

Why is there no differentiation when it comes to classification by the Drug
Enforcement Administration?
During the time of the industrial revolution at the end of the nineteenth
century it was becoming increasingly clear that industrial hemp was looking to
become a major league player. There was a man named William Randolph Hearst,
who along with a few influential entrepreneurs and governmental legislators, was
able to persuade the American people that cannabis was a volatile drug that caused
death and insanity for anyone who chose to use the drug. Hearst was able to
accomplish due to his ownership one the nations largest newspaper publishing
chains. It was in Hearsts best interest to prevent the hemp industry from taking off
in the US. In an issue of Popular Mechanics an article titled, New Billion-Dollar
Crop, was published which described hemp as the standard fiber of the world,
which had the capability to produce more than 5,000 textile products, ranging from
rope to fine laces. Described in the article is a new machine called the decorticator,
which was capable of processing up to three tons of harvested hemp per hour. This
invention could have made it economical for farmers to begin producing hemp. The
Popular mechanics article also states, hemp will produce every grade of paper and
government figures estimate that 10,000 acres devoted to hemp will produce as
much paper as 40,000 acres of average pulp land. Efforts were made to prevent
hemp from becoming a major industrial player. A propaganda film titled, Reefer
Madness was created whose sole purpose was to entice fear of marijuana into the
minds of Americans. The movie accomplished this by depicting Mexicans and
MARIJUANA USE AND LAWS 7
African-Americans becoming enraged and delusional after smoking marijuana. This
tainting of cannabis in the eyes of Americans was brought on because of industrial
hemps potential of becoming a billion dollar cash crop. After the release of Refer
Madness, the American people urged Congress to do something about the new drug
they had learned about. Congress responded and passed the 1937 Marihuana Tax
Act. This Act made it illegal to grow hemp and cannabis in the US without
purchasing tax stamps. The Government chose not to hand any of these tax stamps
out to anyone, effectively outlawing marijuana cultivation. In a very odd manner, in
1942 the US government released a film titled, Hemp for Victory. This was a
propaganda film that encouraged farmers to begin cultivating cannabis sativa for
hemp purposes. The film teaches the viewer of standard growing and harvesting
techniques and displays how it is used by the military for things such as parachutes,
uniforms, and rope for ships. Efforts to increase production of hemp were due to an
import shortage of such materials, which were in large demand due to World War II.
(TheBlueBijou, 2012) However, this Hemp for Victory phase was very short lived
and forgotten about. It was not until very recently that this video came to light, as it
was hidden from the public for most of the twentieth century. Marijuana became
further prohibited with the introduction of the Controlled Substance Act of 1970,
which made the manufacture, importation, possession, use, and distribution of
marijuana illegal. Around the time of The Controlled Substance Act of 1970, The
Drug Enforcement Administration (DEA) was established. The DEA created a
taxonomy that is used to classify illicit drugs by their risk to ones health and any
medicinal properties it may possess. It was decided that marijuana should be
MARIJUANA USE AND LAWS 8
classified a Schedule I narcotic, which meant that it was very dangerous to humans
and possessed no medicinal properties. Curiously, the cannabis variant responsible
for hemp was classified as Schedule I as well. The variant responsible for hemp
contains negligible amounts of tetrahydrocannabinol (THC), which is the
psychoactive compound in cannabis. This failure to create a differentiation is the
reason industrial hemp is not cultivated in the United States.

What is being done about marijuana prohibition?
Around the time of the Controlled substance act it was estimated that 84% of
Americans were against any legalization. One step towards marijuana legalization is
the 1996 California passed Proposition 215, which allowed patients with a valid
doctors prescription to posses and cultivate medical marijuana. Since then twenty
other states and the District of Columbia have enacted similar propositions. There
has been a trend of the American people tending towards favoring legalization of
marijuana. Isaac Lopez at The University of Texas at El Paso conducted a small
survey, which asked the following two questions:
1. Are you for or against the legalization of marijuana for use by adults in
the United States?
2. What is your reasoning for your stance on the previous question?
13 people were questioned in this short survey. Of the 13 people surveyed, 4 were
against the legalization of marijuana. When questioned as to why they took their
stance, 3 of the 4 said they believed that marijuana was a dangerous drug that
shouldnt be used by anyone. This 69% favor for the legalization of marijuana is
MARIJUANA USE AND LAWS 9
consistent with a survey done by GALLUP, which asked a sample of the American
people whether they thought the use of marijuana should be made legal, or not. The
following graph describes Americans views on legalizing marijuana from 1969 to
2013. (Swift, 2013)

It is interesting to note that the amount of people who were for legalization began to
increase around the time the National Organization for the Reform of Marijuana
Laws (NORML) was founded in 1970. This organizations goal was to move public
opinion in order to achieve the legalization of marijuana, such that responsible
adults no longer become the subject of penalty. This organization continues to
advocate for reform with 135 chapters that exist within the US. The city of El Paso,
Tx formed its own chapter on October 8
th
, 2013 and had its inaugural meeting on
January 11
th
, 2014. The inaugural meeting had approximately 230 attendees
including Senator Jos Rodriguez and Congressman Beto O'Rourke. (Camacho,
2014) On November 6, 2012 the State of Washington and the State of Colorado
MARIJUANA USE AND LAWS 10
became the first states in the US to fully legalize marijuana. This is a monumental
movement towards the end of prohibition in America. Colorado began sales of legal
marijuana on January 1
st
, 2014. According to a Forbes article titled, It's No Toke:
Colorado Pulls In Millions In Marijuana Tax Revenue. Colorado generated over 2
million in taxes of recreational marijuana in its first months of sales alone. If this
trend continues, Colorado could see up to 40 million in taxes from recreational
marijuana. Forbes also states, Voters approved a law last year that requires the
first $40 million collected from the special excise taxes to be directed towards
school construction. After that taxes could be used for public road construction,
state maintenance, and programs such as drug habilitation centers.

Conclusion
Humans have utilized cannabis for thousands of years by finding, literally,
thousands of uses for the plant. However, in the last one hundred years, laws have
come into existence, which prevents anyone from possessing or cultivating
cannabis. Current efforts have sparked a nationwide reform of the laws that are
preventing Americans from utilizing marijuana. This is in part because of the
shifting of Americas view on marijuana laws. As of late 2013, 58% of Americans are
for the legalization of marijuana. This trend of public acceptance is expected to
continue as laws begin to change, as evident by the legalization of marijuana by
Colorado and Washington.


MARIJUANA USE AND LAWS 11
References
The 10,000-year World History of Hemp and Cannabis. (n.d.). Retrieved May 6,
2014, from http://www.advancedholistichealth.org/history.html
Additional Statement of Harry J. Anslinger. (n.d.). Retrieved May 6, 2014, from
http://www.druglibrary.org/schaffer/hemp/taxact/t10a.htm
TheBlueBijou (2012, August 21). Hemp For Victory (1942). Retrieved May 7, 2014,
from https://www.youtube.com/watch?v=a1oFcgLfgV0
Borgelt, L. M., Franson, K. L., Nussbaum, A. M., & Wang, G. S. (n.d.). The
Pharmacologic and Clinical Effects of Medical Cannabis.
PHARMACOTHERAPY, 33, 14.
Camacho, O. (2014, March 20). A movement for cannabis legalization takes root in El
Paso | Borderzine. Retrieved May 9, 2014, from
http://borderzine.com/2014/03/a-movement-for-cannabis-legalization-
takes-root-in-el-paso/
Dvorak, J. (n.d.). Hemphasis ~ America's Harried Hemp History. Retrieved May 9,
2014, from http://www.hemphasis.net/History/harriedhemp.htm
New Billion-Dollar Crop, PAGE 1 - 3. (n.d.). Retrieved May 6, 2014, from
http://www.hempcar.org/untoldstory/pmpage1.html
Orton, B. (n.d.). The Rise and Fall of Marijuana. Retrieved May 10, 2014, from
http://www.ozarkia.net/bill/pot/RiseFallMarijuana.html
Pertwee, R. G. (2006). Cannabinoid pharmacology: the first 66 years. British Journal
of Pharmacology. doi:10.1038/sj.bjp.0706406
MARIJUANA USE AND LAWS 12
Peter (2014, November 27). Erowid Cannabis Vault : Article - "The Truth About
Marijuana". Retrieved May 5, 2014, from
http://www.erowid.org/plants/cannabis/cannabis_culture11.shtml
Phillips, K. E. (2014, March 11). It's No Toke: Colorado Pulls In Millions In Marijuana
Tax Revenue - Forbes. Retrieved May 8, 2014, from
http://www.forbes.com/sites/kellyphillipserb/2014/03/11/its-no-toke-
colorado-pulls-in-millions-in-marijuana-tax-revenue/
Small, E., & Marcus, D. (2002). Hemp: A New Crop with New Uses for North America.
Retrieved May 8, 2014, from
http://www.hort.purdue.edu/newcrop/ncnu02/v5-284.html
Swift, A. (2013, October 22). For First Time, Americans Favor Legalizing Marijuana.
Retrieved May 9, 2014, from http://www.gallup.com/poll/165539/first-
time-americans-favor-legalizing-marijuana.aspx