Why Was Marijuana Made Illegal in the 1st Place?

With all the medical breakthroughs and success stories surrounding medical marijuana, it’s hard not to wonder—why on earth was marijuana made illegal in the first place? 

As someone who has spent years helping patients manage pain, anxiety, PTSD, and more through medical marijuana, this question hits home for me.

But the truth behind marijuana’s prohibition isn’t as simple as you might think. It’s a tangled web of politics, racism, and big business protecting profits. And yes, it might even remind you of how powerful influences still sway decisions today.

Hi, I’m Dr. Joseph Rosado, and I’ve been working as a consultant and MD specializing in medical marijuana for over seven years. My goal is not just to treat symptoms but to also shed light on how history, prejudice, and misinformation have kept a natural remedy away from those who need it most.

Before marijuana became a taboo topic, hemp was actually a star crop in early America. Did you know that in the 1600s, farmers in colonies like Virginia, Maryland, and Pennsylvania were not just encouraged but required to grow hemp? It was that important!

Hemp wasn’t just another plant—it was a lifeline. Its strong fibers were perfect for making rope, sails, and clothing. In fact, hemp was so valuable that you could even use it as money. Imagine paying your taxes with bushels of hemp!

The Founding Fathers were also big fans of this versatile plant. Historical records show that George Washington and Thomas Jefferson both grew hemp. Benjamin Franklin owned a hemp paper mill, which helped ensure America’s freedom of the press. Hemp wasn’t just part of the culture—it was part of the economy.

But what about marijuana, the form of the plant used for medicinal and recreational purposes? 

In the 19th century, cannabis extracts were common in pharmacies, treating everything from headaches to insomnia. It was a trusted medicine, found in nearly every doctor’s bag.

So, if hemp and cannabis were so beneficial, what changed? As you’ll see, the story shifts dramatically with the influence of powerful industries and prejudiced policies.

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Medicinal Applications of Cannabis in the 19th Century

“Long before the stigma surrounding marijuana, cannabis was a respected medicine. It wasn’t just a niche remedy either—it was mainstream. In the late 1800s, you could walk into a pharmacy and find cannabis extracts in everything from pain relievers to sleep aids.

One of the biggest champions of medical cannabis was Dr. William O’Shaughnessy, a well-known physician whose research highlighted its many therapeutic benefits. His work opened the door for doctors to prescribe cannabis for conditions like insomnia, headaches, and stomach issues. It became a staple in home medicine cabinets, much like aspirin is today.

Cannabis owes its medicinal power to compounds called cannabinoids. The two most well-known are THC, which can provide euphoric effects, and CBD, which offers therapeutic benefits without the ‘high.’ These cannabinoids help with muscle relaxation, pain relief, and reducing inflammation.

Despite its popularity and proven benefits, attitudes towards cannabis started to change as America entered the 20th century. And the reasons had nothing to do with science and everything to do with politics and prejudice.

The Shift: From Accepted Medicine to Controlled Substance

  • Early 20th Century Changes:
    • Cannabis went from being a trusted medicine to a feared substance.
    • The shift wasn’t due to new medical research but rather social and political influences.
  • Impact of the Mexican Revolution (1910):
    • Mexican immigrants introduced recreational marijuana use to the U.S.
    • This led to a wave of anti-immigrant sentiment, with marijuana becoming associated with negative stereotypes.
  • Racism and Misinformation:
    • Media began portraying marijuana users, particularly immigrants, as dangerous.
    • Stories were published claiming marijuana led to violence and insanity—none of which were true.
  • Economic Motives Behind the Ban:
    • Powerful business interests saw hemp as a threat:
    • These businesses pushed for marijuana prohibition to eliminate competition.
  • Creating a Narrative of Fear:
    • The term “marijuana” was popularized to distance it from the familiar “cannabis.”
    • The goal was to make it sound foreign and dangerous, fueling public fear.
  • Turning Point:
    • As public opinion soured, the stage was set for federal action against marijuana.
The Influence of Media and Racism on Marijuana's Image
  • Media’s Role in Shaping Public Opinion:
    • Media mogul William Randolph Hearst led a campaign against marijuana.
    • His newspapers published exaggerated and often false stories linking marijuana to violence.
    • Headlines portrayed marijuana users, especially immigrants, as dangerous and unpredictable.
  • Racist Underpinnings:
    • Anti-marijuana campaigns often targeted Mexican and African American communities.
    • The media described marijuana as a “killer weed” used by minorities to corrupt white society.
    • These narratives fueled racial tensions and justified stricter laws.
  • The Birth of “Reefer Madness”:
    • The 1936 film Reefer Madness was essentially propaganda.
    • The movie depicted marijuana users as violent, criminal, and insane.
    • Despite its fictional nature, many believed it to be a true reflection of marijuana’s effects.
  • Economic Interests Behind the Campaign:
    • Businesses threatened by hemp’s potential influence pushed for prohibition:
      • Timber and Paper Industries: Feared hemp paper as a cheaper alternative.
      • Pharmaceutical Companies: Worried cannabis would undercut their patented medications.
  • Setting the Stage for Federal Action:
    • By 1930, the groundwork was laid to criminalize marijuana at the federal level.
    • Misinformation had successfully shifted public perception from cannabis as medicine to marijuana as a menace.
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The Marihuana Tax Act of 1937: How Marijuana Became Illegal in the U.S.

Harry Anslinger and the Federal Bureau of Narcotics
  • In 1930, Harry J. Anslinger was appointed as the first director of the Federal Bureau of Narcotics (FBN).
  • Anslinger led a powerful anti-marijuana campaign, spreading claims that marijuana caused:
    • Insanity
    • Violence
    • Criminal behavior
The Creation of the Marihuana Tax Act of 1937
  • Instead of an outright ban, the Act introduced heavy taxes and strict regulations:
    • Required a tax stamp to legally possess or sell marijuana.
    • Created a legal trap: You needed marijuana to get the stamp, but possessing marijuana without the stamp was illegal.
    • Not a single tax stamp was ever issued, making marijuana effectively illegal overnight.
Harsh Penalties Under the Marihuana Tax Act
  • Violating the Act led to severe consequences:
    • Fines up to $2,000 (equivalent to about $40,000 today).
    • Prison sentences of up to 5 years.
The Hidden Motive: Protecting Business Interests
  • The push for marijuana prohibition was driven by corporate greed:
    • Timber and paper companies feared hemp as a cheaper alternative to wood pulp.
    • Pharmaceutical companies worried cannabis would threaten their patented medicines.

Reefer Madness: Propaganda and Public Perception

The Birth of Reefer Madness
  • In 1936, the government funded the movie Reefer Madness.
  • The film was designed as propaganda to show the supposed dangers of marijuana use.
  • It depicted marijuana users as violent and reckless, showing scenes of:
    • A hit-and-run accident
    • Suicide and homicide
    • Madness and criminal behavior
Misinformation and Fear Tactics
  • The movie portrayed marijuana as a drug that could turn everyday people into dangerous criminals.
  • It suggested that marijuana use led to insanity and moral decay.
  • The narrative was not based on scientific evidence but aimed to create fear and support marijuana prohibition.
The Power of Media Influence
  • Reefer Madness was shown in theaters and promoted through newspapers across the country.
  • The exaggerated scenes and misleading messages shaped public opinion.
  • Many Americans believed the film’s claims, contributing to widespread support for harsh anti-marijuana laws.
Long-term Impact
  • The myths and misconceptions from Reefer Madness lingered for decades.
  • The film became a symbol of the misleading propaganda that fueled marijuana’s criminalization.
  • Even today, some stigmas surrounding marijuana can be traced back to this era of misinformation.

The Controlled Substances Act of 1970 and Its Impact

How Marijuana Became a Schedule I Drug
  • In 1970, the U.S. government passed the Controlled Substances Act (CSA).
  • The CSA categorized drugs into five schedules based on their medical use and potential for abuse.
  • Marijuana was placed in Schedule I, alongside drugs like heroin and LSD.
What Schedule I Classification Means

Schedule I is the most restrictive category. It is defined by:

    • High potential for abuse
    • No accepted medical use in treatment in the United States
    • Lack of accepted safety for use under medical supervision

This classification made it nearly impossible to research or prescribe marijuana legally.

The Nixon Administration's Role
  • President Richard Nixon pushed for this classification as part of his “War on Drugs.”
  • The Shafer Commission, set up by Nixon, recommended decriminalizing marijuana for personal use.
  • Despite the commission’s findings, Nixon ignored the advice and intensified anti-marijuana laws.
The Impact of Schedule I Status
  • Marijuana was now treated legally the same as highly dangerous narcotics.
  • Penalties for possession, distribution, and cultivation became severe.
  • Medical professionals lost the ability to prescribe marijuana, halting promising research into its benefits.
The Real Agenda Behind the Classification
  • Many historians believe the War on Drugs was partly a strategy to control minority communities and political dissenters.
  • John Ehrlichman, Nixon’s domestic policy chief, later admitted that targeting marijuana users helped disrupt groups critical of the administration.

The Shift Towards Decriminalization and Medical Use

Changing Attitudes in the 1960s and 1970s
  • During the 1960s, marijuana use became more common among middle-class white Americans.
  • The cultural and political climate began to shift, promoting more lenient attitudes towards cannabis.
  • Reports commissioned by Presidents Kennedy and Johnson found that:
    • Marijuana use did not lead to violent behavior.
    • There was no evidence it acted as a gateway to harder drugs.
Early Steps Toward Decriminalization

 

    • Some states started reducing penalties for marijuana possession.
    • In 1973, Oregon became the first state to decriminalize marijuana, making possession of small amounts a civil offense instead of a criminal one.
    • By the end of the 1970s, 11 states had adopted similar decriminalization measures.
The Medical Marijuana Movement Begins
  • In the 1980s and 1990s, advocates highlighted the medical benefits of cannabis for:
    • Chronic pain
    • Nausea in chemotherapy patients
    • Appetite stimulation for those with HIV/AIDS
  • Public support grew as stories emerged of patients finding relief where traditional medicine failed.
California Leads the Way
  • In 1996, California became the first state to legalize medical marijuana with Proposition 215.
  • The law allowed doctors to recommend cannabis to patients with specific medical conditions.
The Domino Effect

 

    • California’s success encouraged other states to reconsider their marijuana laws.
    • By the early 2000s, several states had adopted medical marijuana programs, reflecting a significant change in public and political opinion.

Modern Legalization Movements and Current Status

The Rise of Medical Marijuana Legalization

 

    • In 1996, California passed Proposition 215, becoming the first state to legalize medical marijuana.
    • This landmark move allowed patients with conditions like chronic pain, cancer, and HIV/AIDS to access cannabis for relief.
    • California’s success encouraged other states to explore medical marijuana, sparking a nationwide shift.
How Many States Have Legalized Medical Marijuana?
  • Today, 40 states and Washington D.C. allow medical marijuana use.
  • Each state has its own regulations, but qualifying conditions often include:
    • Chronic pain
    • PTSD
    • Epilepsy
    • Cancer-related symptoms
The Emergence of Recreational Marijuana Laws
  • Following medical legalization, states began approving recreational or “adult-use” marijuana.
  • Currently, 23 states and Washington D.C. have legalized recreational marijuana.
  • These laws allow adults over 21 to purchase and use cannabis without a medical card.
The Situation in Florida
  • Before June 2014, all forms of cannabis were illegal in Florida.
  • The Compassionate Medical Cannabis Act (Senate Bill 1030) allowed low-THC cannabis for certain medical conditions.
  • In 2016, Florida expanded access with The Right to Try Act, permitting high-THC cannabis for terminally ill patients.
  • The real turning point came in 2017 with Senate Bill 8A, following the approval of Amendment 2:
    • Established the Medical Use of Marijuana Act.
    • Provided tax exemptions for medical marijuana and delivery devices.
    • Set up medical marijuana testing laboratories.
    • Created the Coalition for Medical Marijuana Research and Education within the H. Lee Moffitt Cancer Center.
The Impact of Legalization
  • Medical marijuana has become a critical option for patients who have exhausted traditional treatments.
  • Many find relief from symptoms of pain, anxiety, PTSD, and more.
Looking Ahead: The Future of Marijuana Legislation
  • Nationally, the push for federal legalization continues.
  • Research is expanding, aiming to uncover more medical benefits of cannabis.
  • Public opinion is increasingly supportive, with many advocating for broader access to both medical and recreational marijuana.

Reflecting on the Journey of Marijuana Legislation

 

The history of marijuana legislation in the United States is a complex tale of politics, prejudice, and power. What began as a widely accepted medicinal plant became a symbol of danger and criminality through a mix of media propaganda, racial bias, and corporate influence.

From the early days of hemp farming by the Founding Fathers to the dark era of the Marihuana Tax Act of 1937 and the misleading film Reefer Madness, marijuana’s image was manipulated to serve powerful interests. The Controlled Substances Act of 1970 further cemented marijuana’s status as a dangerous drug, despite growing evidence of its medical benefits.

Thankfully, changing attitudes and undeniable medical success stories have helped shift the narrative. California’s 1996 legalization of medical marijuana opened the door to broader acceptance, leading to today’s landscape where 40 states allow medical use and 23 states have approved recreational use.

As a doctor who has witnessed the positive effects of medical marijuana firsthand, I am encouraged by this progress. Patients who have struggled with pain, anxiety, PTSD, and other conditions often find relief where conventional medicine has failed. My mission is not only to provide this option to my patients but also to continue educating others about the truth behind cannabis and its potential benefits.

If you are struggling with a medical or mental health condition and wonder if medical marijuana could help, I would love to talk with you. The conversation about marijuana is changing, and I am here to guide you through it with knowledge, compassion, and care.

FAQ

Why was marijuana originally made illegal in the United States?
Marijuana was made illegal in the United States in the early 20th century due to a combination of factors, including racial prejudice, economic interests, and political pressure. The Marihuana Tax Act of 1937 effectively criminalized marijuana by imposing heavy taxes and regulations, influenced by sensationalized media reports and anti-immigrant sentiments.
What role did racism play in marijuana prohibition?
Racism played a significant role in marijuana prohibition. In the early 1900s, marijuana use was associated with Mexican immigrants and African Americans. Sensationalized stories in the media linked marijuana to violent crimes committed by these communities, fueling public fear and support for prohibition.
How did "Reefer Madness" influence public opinion on marijuana?
The 1936 film Reefer Madness was a propaganda piece depicting exaggerated consequences of marijuana use, such as insanity and violent behavior. Its sensational portrayal contributed to widespread fear and misunderstanding about marijuana, bolstering support for strict laws against its use.
What was the Marihuana Tax Act of 1937, and how did it affect cannabis laws?
The Marihuana Tax Act of 1937 imposed strict regulations and taxes on the sale, possession, and transfer of marijuana, effectively criminalizing it. This Act marked the beginning of federal prohibition of cannabis in the United States.
How does medical marijuana help with conditions like pain, anxiety, and PTSD?
Medical marijuana interacts with the body's endocannabinoid system, which regulates various physiological processes. It has been reported to help alleviate chronic pain, reduce anxiety, and improve symptoms of PTSD by affecting neurotransmitter release and reducing inflammation.
What are the differences between medical and recreational marijuana laws?
Medical marijuana laws allow patients with specific medical conditions to use cannabis for treatment, often requiring a doctor's recommendation and registration with a state program. Recreational marijuana laws permit adults to use cannabis without medical justification, typically with age restrictions and regulations on purchase and possession limits.