2020
The Criminalization of
Cannabis
Dillon Thanasides
DR. SIMONE MADDANU, SYG2000
Abstract
Twenty-five years ago, on any given street in the United States, possessing Cannabis
would bring about dire consequences and heavy fines. Today, while still illegal in most of the
United States, more states are beginning to legalize medical and recreational use of Cannabis,
and a cultural shift has occurred regarding Cannabis and its benefits. Over time, the stigma of
Cannabis has been slowly but surely lifted. Yet, Cannabis remains federally illegal. Cannabis
sativa as a plant has many uses. Hemp is extracted from the stem which can be used for to make
clothing, roping, paper, and even concrete. The fruit of the plant contains large amounts of
Tetrahydrocannabinolic acid, or THCA. When this cannabinoid is heated, it converts into
Tetrahydrocannabinol, or THC, which is psychoactive. Effects include euphoria, relaxation,
heightened senses, and increased appetite, as well as a myriad of other medical benefits. So why
is such a useful plant illegal and scrutinized? When observing the history of drug legislation in
the United States, it is clear the criminalization of Cannabis is founded on racist and unscientific
falsehoods, and disproportionately harms people of color.
What started the criminalization of Cannabis in the US?
Use of hemp dates back thousands of years and made up 80% of the world’s textiles up
until the turn of the 20th Century (Herer, 1990). Hemp in the Americas was abundant and was the
preferred cash crop in southern states in the 19th century. Americans did not use hemp to smoke,
as they grew a different type of Cannabis plant that contained low amounts of THC. Mexicans
began using Cannabis recreationally during the height of the Mexican Revolution in the 1910’s
(McDonald, 2017). An influx of Mexican immigrants into the United States brought the ways of
Smoking Cannabis, or Marijuana, with them. This angered many Americans, including Harry J.
Anslinger, who would become the director of the Federal Bureau of Narcotics (McDonald,
2017). The use of the word Marijuana would become a popular driving force to demonize the
drug because of the name’s Mexican origin. Consider, for example, Mr. Anslinger’s words
regarding Cannabis:
“There are 100,000 total marijuana smokers in the US, and most are Negroes,
Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from
marijuana use. This marijuana causes white women to seek sexual relations with
Negroes, entertainers, and any others.” -Harry J. Anslinger (McDonald, 2017).
These falsehoods not only successfully persuaded white America of the “dangers” of Cannabis;
they also laid yet another layer of intense discrimination and stigma against people of color.
Anslinger, along with other lawmakers and lobbyists passed the Marihuana Tax Act of 1937,
which would heavily tax any person not registered to distribute Cannabis or hemp (Smith, 2017).
Shortly after hemp was erased almost completely from the market because of these taxes, nylon
and plastic fibers created by DuPont became widely used (Herer, 1990). This shouldn’t come as
a surprise, considering DuPont played a pivotal role in passing this legislation in order to gain
control of the market (McDonald, 2017). Possession of Cannabis became a punishable offense in
1956 with the passing of the Narcotics Control Act (Smith, 2017). In 1970, Congress under the
Nixon Administration would then pass the Controlled Substances Act, which schedules drugs
based on their medicinal use and their potential for abuse. Congress labeled Cannabis a schedule
1 Drug, meaning it has no medical use and a high potential for abuse (Smith, 2017). Cannabis
sits among Cocaine, Heroin, and LSD in this schedule. Today, Cannabis remains in this
schedule, despite medical research proving otherwise, and despite several states legalizing
medical and recreational use.
Cannabis Arrests and the Racial Disparity Among Them
As previously stated, the criminalization of Cannabis is a driving force for discrimination
against people of color. Between 2001 and 2010, the number of Cannabis arrests rose
significantly, and with that the racial disparity in these arrests also increased (ACLU, 2013).
Within those nine years, over eight million Cannabis arrests were made, and about seven million
of these arrests were for possession of Cannabis (ACLU, 2013). Arrest rates among black people
for Cannabis possession are 716 per 100,000, while arrest rates among white people for the same
crime are 192 per 100,000, which means black people are arrested 3.73 times more often than
white people for possession of Cannabis (ACLU, 2013). In 2010, 91% of those arrested in the
District of Columbia due to possession were black (ACLU, 2013). These arrests often lead to
conviction for people of color, while white people are more likely to have their case dropped
(Cheney, 2017). With the legalization of Cannabis in states, instances of gentrification are
frequent in the industry. This creates a gap between those who are negatively impacted by the
War on Drugs and those who were able to afford the opportunity to open a Cannabis dispensary.
In many dispensaries, you see an upscale interior with bloated prices, things that the
impoverished cannot afford. This attracts more affluential people to an area populated by the
impoverished, which increases the land value, and ultimately drives out the impoverished,
because they cannot afford to live there anymore. In addition, large companies can easily begin
working in the cannabis industry, when those who were convicted of selling the drug are locked
up or have lost their jobs.
Conclusion
The criminalization of Cannabis in the United States is a tool used to control
communities of color, riddled with falsehoods towards people of color, people who smoke
Cannabis, and the effects of Cannabis. The only way the United States can mend this open
wound is to legalize Cannabis on the federal level, effectively removing its status as a schedule 1
drug, as well as expunging the records of any non-violent Cannabis related arrests. In addition to
these terms, ensuring that the communities of color negatively impacted by the War on Drugs
receive the opportunity to enter the Cannabis industry is of critical importance. These reforms
would positively impact those who need Cannabis for medical reasons and removes a facet from
the ways the United States discriminates against people of color.
References
Cheney, Brendan, 2017. “For non-white New Yorkers, marijuana arrests more often lead to
conviction.” Politico.
https://www.politico.com/states/new-york/city-hall/story/2017/05/04/racial-disparities-inmarijuana-convictions-in-all-five-boroughs-111807
Herer, Jack. 1990. “The Forgotten History of Hemp.” Earth Island Journal Vol. 5. pp. 34-38.
https://www-jstor-org.ezproxy.lib.usf.edu/stable/43882308
McDonald, David. 2017. “The Racist Roots of Marijuana Prohibition.” Foundation for Economic
Education.
https://fee.org/articles/the-racist-roots-of-marijuana-prohibition/
Smith, Patricia D. and Andrew P. Lannon. 2017. “Local Regulation of Medical Marijuana in
Florida.” Florida Bar Journal, Vol. 91, Issue 9 pp. 59-63.
“REPORT: THE WAR ON MARIJUANA IN BLACK AND WHITE.” American Civil Liberties
Union. 2013.
https://www.aclu.org/report/report-war-marijuana-black-and-white?redirect=criminallaw-reform/war-marijuana-black-and-white