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1 Marijuana: The History & The Mystery By Stuart B. Hoffman, M.D., F.A.C.P. Abraham J. Hammell, D.O.
Company Confidential © First Advantage Background Cannabis is a genus of flowering plants that include 3 species: Cannabis Sativa - from China Cannabis Indica - from India Cannabis Ruderalis - from Russia
Company Confidential © First Advantage Background All 3 species have been used for centuries to produce fiber from the stalks (hemp), seeds & seed oils for medicinal purposes, and as a recreational drug. All 3 species contain similar concentrations of the psychoactive ingredient Δ9 tetrahydrocannabinol (THC). All 3 species have been selectively bred for various purposes. Plants used for industrial hemp have a high fiber content & relatively little THC; whereas plants bred for recreational use have a high concentration of THC.
Company Confidential © First Advantage Typical THC Concentrations Street Joint – 1.0 to 5.0%All parts of the cannabis plant. Thai Sticks – 1.0 to 7.0%Marijuana leaves tied around a stem or a narrow bamboo splint. Hashish – 2 to 8%The sticky pollen of the female cannabis plant. Sinsemilla – 7 to 14%The flowering tops of the unfertilized female cannabis plant. Hash Oil - 15 to 50%An extract of the active ingredients of hashish. Very high concentration of THC. Hemp Plant – 0.05 to 0.3%Stalks.
Company Confidential © First Advantage More Details Both male & female cannabis plants produce flowers. The male flowers develop buds which open to release pollen to fertilize the flowers of the female plant. Fertilized female flowers then develop seeds to produce new plants. Fertilized female flowers producing seeds require most of the plants energy and very little THC is formed in these plants. Unfertilized female plants generate increased production of THC throughout all parts of the plant - particularly the flowers (sinsemilla).
Company Confidential © First Advantage Male cannabis plant
Company Confidential © First Advantage Female cannabis plant
Company Confidential © First Advantage Early female cannabis plant
Company Confidential © First Advantage The female flowers will start to form kolas around the branch junctions with a main one at the growing tip of the plants. Flowering
Company Confidential © First Advantage As the flowers become ready for harvest the pistils will darken and the seed pods will be swollen and sticky with resin and THC trichomes. Getting ready to harvest
Company Confidential © First Advantage How they grow Cannabis growers keep male and female plants separated to prevent pollination and thus increase THC concentration. Most cannabis plants growing in the wild have been cross pollinated many times and have a very low THC concentration. These plants grow freely all over North America. They are commonly found in roadside ditches and are called ditchweed. Ditchweeds are the descendants of the cannabis hemp grown on the hemp plantations. Ditchweed looks exactly like the cannabis plants bred either for hemp or THC.
Company Confidential © First Advantage Sourcebook of criminal justice statistics Table Number of marijuana plants eradicated and seized, arrests made, weapons seized, and value of assets seized Under the Drug Enforcement Administrations Domestic Cannabis Eradication/Suppression Program, by State, 2011 a StateTotal cultivated plants eradicated Outdoor OperationsIndoor OperationsBulk processed marijuana (pounds) Number of arrests Number of weapons seized Value of assets seized Plots eradicated Cultivated plants eradicated b Grows seized Cultivated plants eradicated Total6,735,51910,5476,226,2883,801509,231113,1678,5015,181$42,113,650 California3,987,5381,3263,756, ,13874,9491,9851,15011,051,858 Note: These data were collected by the Drug Enforcement Administration (DEA) in conjunction with the Domestic Cannabis Eradication/Suppression Program. This program is a joint Federal and State effort in which the DEA contributes funding, training, equipment, investigate, and aircraft resources to the participating States in the effort to eradicate domestically cultivated marijuana. a Detail may not add to total because of rounding. b May include tended ditchweed, a type of marijuana that grows wild. Source: Table adapted by SOURCEBOOK staff from table provided by the U.S. Department of Justice, Drug Enforcement Administration.
Company Confidential © First Advantage Ancient History 600 B.C.:First used as a psychoactive drug –in China. - Generally disdained – never became popular. -Alcohol and Opium were the big problems. 105 A.D.:Invention of hemp paper in China. - Kept secret until: 9 th century A.D.:Arabs learn how to make hemp paper and spread it to Spain in the 12 th century. 13 th century A.D.: All of Europe learns how to make hemp paper.
Company Confidential © First Advantage History continued :- Farmers could be jailed for not growing hemp in Virginia during times of shortage. - Hemp was used as currency. - You could pay your taxes with hemp. DO NOT TRY THIS TODAY! Late 1700s:- Cannabis hemp was George Washingtons primary crop at Mount Vernon. - Cannabis hemp was Thomas Jeffersons secondary crop at Monticello. - Benjamin Franklin founded the first hemp paper company in the colonies.
Company Confidential © First Advantage Fast Forward to :Harrison narcotics act passed. - 1 st federal law to regulate opiates & cocaine. - Coordinated and superseded all narcotics laws. - Basically a tax law*. - Imposed a tax and regulated all forms of commerce for these substances. *Courts had consistently ruled that the Federal government did not have the constitutional power to regulate. - Local Affairs. - Medical Practice. - Pharmacies. -Drugs. -Alcohol. 10 th amendment gave these rights exclusively to the states.
Company Confidential © First Advantage Details To get around the courts, congress made it a tax law as a revenue requirement of the federal government. All persons or entities who dispense, produce, manufacture, import, compound, sell, distribute, barter, or give away: opium, coca leaves, their salts, derivatives or preparations must register with the Department of the Treasury.
Company Confidential © First Advantage More details Marijuana was not included in this law. Marijuana was a minimal problem in the U.S. – general public was barely aware of it and cared less. 1919:18 th amendment to the constitution – prohibited distribution and sale of intoxicating liquors: -Did not: Define intoxicating liquors. Prohibit alcohol consumption. Did not provide any penalties for violations.
Company Confidential © First Advantage : Volstead act passed to define intoxicating liquors and provided penalties for violations. – No effect on middle & upper classes. – Criminal gangs took over the liquor business. – Violence, bribery, public official corruption. – Loosening of the social mores in the 1920s. – Cocktail parties. – Speakeasies. – Bootlegging. Considered socially acceptable and romantically dangerous. Adverse effects of prohibition were so obvious, that in 1933 the states ratified the 21 st amendment to the constitution – which repealed the 18 th amendment.
Company Confidential © First Advantage s The period from 1919 to 1937 determined the course of federal marijuana legislation in the United States. 1927:Each state had passed its own laws controlling and regulating opiates & cocaine. – Wide variations in definitions, controls, oversight, penalties, and enforcement. – Recognized need for uniform national law to control these drugs.
Company Confidential © First Advantage s Oct. 8, 1932: Uniform narcotic drug act passed – Required all state laws to conform to a single federal law for opiates & cocaine. – Marijuana provisions were optional supplements to the act. – Any state wishing to regulate the sale and possession of marijuana was instructed to simply add cannabis to the definition of narcotic drugs, and then all provisions of the act would apply to marijuana as well as to opiates & cocaine.
Company Confidential © First Advantage Definitions Narcoticfrom Greek, narkos A drug that in moderate doses dulls the senses, relieves pain and induces profound sleep. In excessive doses causes stupor, coma, depressed respiration and death. – E.g.: Opium Morphine Dilaudid – A medical definition With the inclusion of cocaine in the 1914 Harrison Narcotic act, law enforcement, the courts, media, and common usage included cocaine as a narcotic - - even though it does just the opposite of a true narcotic it is a central nervous system stimulant.
Company Confidential © First Advantage Definitions continued With the inclusion of marijuana in the 1932 uniform narcotic drug act; law enforcement, the courts, media, and common usage again expanded to include marijuana as a narcotic, although its medical classification is a euphoric. Today the term narcotic is loosely applied by the nonmedical community to almost all illicit drugs.
Company Confidential © First Advantage Prior to the Uniform Narcotics Drug Act of 1932 there was no federal law regarding marijuana. By 1937, 35 of the 48 states opted to include marijuana into the act. Every other state had their own marijuana laws. The law limited use of opiates, cocaine & marijuana to legitimate medical purposes.
Company Confidential © First Advantage powerful, cultural, economic, & industrial forces that shaped marijuana legislation – The general public – Andrew Mellon – Harry Anslinger – William Randolph Hearst – DuPont Chemical Corporation – The hemp industry
Company Confidential © First Advantage General Public Marijuana use in the U.S. – minimal in the 1930s. Public not concerned nor interested. After the prohibition failure – no public appetite for any form of federal government regulation of drugs or alcohol.
Company Confidential © First Advantage Andrew Mellon Richest man in America – founded Gulf Oil, Union Steel, Alcoa, & Bank of New York. Much of the familys fortune was invested in DuPont Chemical Corporation. Appointed Secretary of the Treasury by President Harding.
Company Confidential © First Advantage Harry Anslinger Railroad policeman – worked for many different police & military units all over the world from – Focused on stopping international opium traffic. Widely recognized as honest, incorruptible, and ambitious Married Andrew Mellons niece in Appointed by President Hoover as the first commissioner of the federal bureau of narcotics – a division of the treasury department – run by his wifes uncle, Andrew Mellon. Served under 5 presidents: Hoover, Roosevelt, Truman, Eisenhower, & Kennedy. Worked ceaselessly to bring marijuana under federal control.
Company Confidential © First Advantage William Randolph Hearst Newspaper tycoon. Owned enormous timber acreage. Used his timber to make wood pulp for his paper manufacturing business, whose biggest customer was his newspaper chain. Hemp decorticator made hemp paper cheaper than wood pulp paper. – Threatened to drive Hearsts papermaking company out of business and severely decrease the value of his timberland. Openly bigoted and racist – hated: Mexicans, blacks, Orientals, Jews, and poor people. Felt that drugs & alcohol turned all these minorities into violent criminals.
Company Confidential © First Advantage Hemp Industry Vital, major worldwide industry from colonial times to 1930s. First Bibles, most maps, charts, books, Betsy Ross flag, first draft of Declaration of Independence and the Constitution – all on hemp paper or hemp cloth. Paintings of Rembrandt, Van Gogh, and Gainsborough were on hemp linen/canvas and they used hemp oil-based paints. Rudolph Diesel invented his diesel engine to run on hemp oil U.S. government predicted that by 1940 all paper would come from hemp, and no more trees would need to be cut down. Most lacquer, paint, varnish, solvents and textiles came from hemp.
Company Confidential © First Advantage Hemp decorticator invented – revolutionized the industry – 1 acre of hemp produced as much paper as 4 acres of trees. – Hemp paper better quality than wood paper. – Harvest 1 acre hemp in 1 hour. – Harvest 1 acre cotton in 2 hours. – Hemp fiber twice as strong as cotton. – Hemp could take over many competing industries.
Company Confidential © First Advantage DuPont Chemical Corporation Patented a sulfuric acid process to produce wood pulp paper. Company records: 80% of DuPonts railroad car loadings were wood-pulp products. Patented nylon – hemp was its chief competitor. Patented rayon – hemp was superior, stronger and cheaper.
Company Confidential © First Advantage Legislation Once the narcotic drug act was passed, Harry Anslinger realized the way to get federal control of marijuana was through a tax law. He also knew that in order to do this he would have to eradicate the U.S. hemp industry. He found willing allies in William Randolph Hearst & the DuPont Chemical Corporation.
Company Confidential © First Advantage Treasury Department began crafting a bill to gain federal control of marijuana. Disguised as a tax revenue bill to get it past congress and the courts. Drafted by Harry Anslinger and Herman Oliphant, general counsel for the treasury department.
Company Confidential © First Advantage – 1937 A 5-year media campaign to alarm the American public and Congress about the dangers of marijuana and its threat to our country. – Hearst newspapers Sensationalism Screaming headlines Horror stories – Marijuana blamed for murderous rampages and rapes by blacks and Mexicans. This melodrama, outright exaggeration and false claims came to be known as yellow journalism after a popular cartoon character in Hearsts newspapers – called The Yellow Kid.
Company Confidential © First Advantage – 1937, cont. Radio spots blanketed the airwaves from A typical example: – By the tons it is coming into this country – the deadly, dreadful poison that racks and tears not only the body, but the very heart and soul of every human being who becomes a slave to it in any of its cruel and devastating forms….Marijuana is a short cut to the insane asylum. Smoke marijuana cigarettes for a month and what was once your brain will be nothing but a storehouse of horrid specters. Hashish makes a murderer, who kills for the love of killing, out of the mildest mannered man who ever laughed at the idea that any habit could ever get him….
Company Confidential © First Advantage The Marijuana Tax Act was presented to the House Ways and Means Committee, chaired by Robert Doughton of North Carolina. His election campaign had been largely financed by DuPont Chemical Corporation. This bypassed further hearings, and it went to the Senate Finance Committee, chaired by another DuPont ally, Senator Prentiss Brown of Michigan, where it was rubber stamped unchanged and sent back to Congress for a vote. The bill was opposed by the American Medical Association – THC had medicinal value and should be studied – and by the ABA – who said provisions of the Marijuana Tax Act were unconstitutional. The bill passed both houses of Congress with no debate.
Company Confidential © First Advantage The Marijuana Tax Act Required anyone who imported, produced, distributed or sold any part of the cannabis plant (including hemp) to: – Register with the I.R.S. for licensing. – Pay a transfer tax of $1/oz/transaction if not registered. – File a written order form with the I.R.S. for every transaction. – Possession of cannabis without this written order form was considered presumptive evidence of non-compliance with the Act, punishable by a fine of no more than $2,000 for each violation &/or a prison term of no more than 5 years. The law was to be enforced by the Federal Bureau of Narcotics, under Commissioner Harry Anslinger.
Company Confidential © First Advantage Samuel R. Caldwell (February 11, 1880 – June 24, 1941) Samuel R. Caldwell was the first person convicted of possession of marijuana under the Marijuana Tax Act of 1937, according to federal files. He was fined $1,000 and sentenced to four years of hard labor in Leavenworth for the two marijuana cigarettes that were found in his possession.
Company Confidential © First Advantage Legislation The Marijuana Tax Act of 1937 destroyed the hemp industry in the United States. The power to tax is the power to destroy – John Marshall, former Chief Justice of the U.S. Supreme Court. DuPonts 1937 annual report to the stock holders: radical changes from the revenue raising powers of the government will be converted into instruments for forcing acceptance of new ideas of industrial and social reorganization.
Company Confidential © First Advantage – 1945 From 1937 forward: heightened awareness and fear of marijuana among the public and Congress due to the campaigns of Harry Anslinger & William Randolph Hearst. Marijuana was not popular in the U.S. until after World War II. Japanese cut off our supplies of hemp from the Philippines. War effort was hampered by severe shortages. Marijuana Tax Act was temporarily lifted. U.S. Congress and Department of Agriculture – campaign: Hemp for Victory – farmers subsidized to grow hemp. Deferred military service for fathers & sons if they grew hemp.
Company Confidential © First Advantage s and 1950s 1943: – The U.S. was producing 350,000 tons of hemp per year. – After the war, the Tax Act was resumed and cannabis hemp again became a dangerous drug. 1951: – Marijuana becoming a popular drug in the U.S. – Congress passed the Boggs Act. Much harsher penalties. Marijuana, opiates, & cocaine all treated the same.
Company Confidential © First Advantage Boggs Act Mandatory sentencing rules: – 1 st offense 2-5 years – 2 nd offense5-10 years – 3 rd offense10-20 years Removed judicial discretion for 2 nd and 3 rd offenses. Sentence could not be suspended nor could parole be granted.
Company Confidential © First Advantage Federal Bureau of Narcotics actively urged states to adopt laws like the Boggs Act – to increase state law enforcement activity. By 1956, over half the states had a Little Boggs Act.
Company Confidential © First Advantage As marijuana use increased, the government increased the penalties. 1956: Narcotic Control Act – Potential fine for all THC offenses $20,000. – Mandatory prison sentence for possession or IRS registration violation years for successive offenses No distinction between users & traffickers – Any sale or transfer of marijuana by an adult to a minor – minimum 10 year sentence. – Customs & Narcotics Bureau agents authorized to carry weapons and make arrests on reasonable suspicion. – Amended immigration and Nationality Act to provide for deportation of alien drug users & suppliers.
Company Confidential © First Advantage The Single Convention 1961: International Treaty Convention – Prohibited production and supply of narcotics except for medical and research purposes. – Updated treaties to include new synthetic opiates and a mechanism for including future new drugs. – Developed the concept of drug schedules. – Included cannabis for the 1 st time. – The basis for the Comprehensive Drug Abuse Prevention and Control Act of – Signed by 180 nations. – Not self-executing – nations had to pass laws to carry out its provisions.
Company Confidential © First Advantage : Leary v. United States 395 U.S. 6 (1969) U.S. Supreme Court case dealing with the constitutionality of the Marijuana Tax Act of , Timothy Leary arrested, convicted and sentenced to 30 years in jail – 3 joints & marijuana in a snuff box. Unanimous Supreme Court decision: Marijuana Tax Act is unconstitutional. Learys conviction was overturned.
Company Confidential © First Advantage : Congress repeals the Marijuana Tax Act. Oct. 27, 1970: – Congress passes the Comprehensive Drug Abuse Prevention and Control Act of – The Controlled Substance Act is part of the above Act. The legal foundation of the governments fight against abuse of drugs & other substances. Provides control mechanisms. Provides schedules. Provides for adding drugs, decontrolling drugs, moving from 1 schedule to another. All under Title II of the Comprehensive Act.
Company Confidential © First Advantage s 1972: Drug Abuse Treatment Act – Federally funded programs for prevention & treatment of drug abuse. 1973: Bureau of Narcotics and Dangerous Drugs (BNDD) was revamped and merged into the newly formed Drug Enforcement Administration (DEA) in the Department of Justice.
Company Confidential © First Advantage Drug Enforcement Administration Department of Justice 1973 U.S. Customs Service (Drug Investigations) Department of the Treasury Office of National Narcotics Intelligence Department of Justice Office of Drug Abuse Law Enforcement Department of Justice Narcotics Advance Research Management Team Executive Office of the President Bureau of Narcotics & Dangerous Drugs Department of Justice Bureau of Narcotics Department of the Treasury Bureau of Drug Abuse Control Food & Drug Administration Department of Health, Education & Welfare Bureau of Prohibition Department of the Treasury Bureau of Internal Revenue Department of the Treasury
Company Confidential © First Advantage What Happened : – Department of Health, Education, and Welfare (HEW) Cabinet level department. National Institute of Mental Health. National Institute on Alcohol Abuse and Alcoholism. National Institute on Drug Abuse. – Became SAMHSA by an Act of July 12, : – Education shifted out of H.E.W. and H.E.W was renamed: Department of Health and Human Services (H.H.S.).
Company Confidential © First Advantage Sept. 15, 1986: – President Reagan signs Executive Order Establishes the goal of a Drug-Free Federal Workplace. Congress requires H.H.S. to develop mandatory technical guidelines for drug testing. Oct. 27, 1986: – Anti Drug Abuse Act 1 st major congressional law for the War on Drugs. Changed federal supervised release & rehabilitation system into a punitive system. Mandatory minimum sentencing for all drug offenses, including marijuana. Prohibits controlled substance analogs. Stiffer penalties for crack cocaine over powdered cocaine.
Company Confidential © First Advantage April 11, 1988: – Mandatory guidelines 1 st published in Federal Register Revised: – June 9, 1994 – Sept. 30, 1997 – April 13, 2004 – May 1, 2010 Original definition of Medical Review Officer and his/her duties. Includes National Laboratory Certification Program – Originally over 100 labs were certified. – Now only 34 labs are certified.
Company Confidential © First Advantage Anti Drug Abuse Act Nov. 18, 1988: – Anti Drug Abuse Act of 1988 Created the Office of National Drug Control Policy. Director – Drug Czar – term coined by then Senator Biden. Current Director: Gil Kerlikowske, appointed May 7, A cabinet level branch of the executive office. Goal is to formulate policies, priorities and objectives to eradicate illicit drug use, commerce, and related crime: – Directly advises the president.
Company Confidential © First Advantage : – D.O.T. develops their own guidelines – based on SAMHSAs guidelines – no statutory authority. Highly specific. Has withstood legal challenges. The model for all drug testing programs. Defines & expands the role of the MRO.
Company Confidential © First Advantage Congress passes the Omnibus Transportation Employee Testing Act. – Codified as law: 49 Code of Federal Regulations – Part 40. – Revised: 2000, 2001, 2004, 2008, & 2010 – Requires: Pre-employment, random, post-accident, & reasonable suspicion testing. Alcohol testing for the first time. Split specimens. Since 1991 most of the marijuana legislation has involved 3 issues: – Recreational use of marijuana – state level. – Medical marijuana – state level. – Marijuana analogs – state & federal level.
Company Confidential © First Advantage California became 1 st state to pass a medical marijuana law. Now 18 states and the District of Columbia have medical marijuana laws. – All these laws vary: Acceptable amounts to possess. Acceptable amounts to grow. Routes to obtain. Dispensaries. Licensing. Registration of patients & caregivers. Penalties. Most states do not require an employer to accommodate an employee who is on medical marijuana.
Company Confidential © First Advantage AZ & DE Arizona & Delaware prohibit an employer or school from taking adverse action against an employee on medical marijuana unless: – The employer would lose federal funds, grants or other federal business. – The user is impaired by marijuana at work. – The user is in possession of marijuana on the work site. Employers in these states, when caught between opposing federal and state laws usually opt not to accept medical marijuana as a legitimate medical explanation. The courts have thus far consistently ruled that the states cannot force an employer to knowingly violate the federal drug laws. So far, no case law on Arizonas prohibition on employer adverse action on medical marijuana users.
Company Confidential © First Advantage Local push back against medical marijuana Local communities and counties that dont agree with their states medical marijuana laws are passing local ordinances banning medical marijuana dispensaries within their borders. In California: – Riverside – banned them – closed 15 dispensaries – Upland – ban – Lake Forest – ban – Long Beach – considering a ban – Los Angeles – closed 180 dispensaries within the city limits. February 5, 2013: California Supreme Court heard the issue: – Do local municipalities have the right to ban medical marijuana dispensaries within their city limits when state law permits them?
Chapter 1: Chapter 1: Federalism and U.S. Marijuana Laws: A Constitutional Crisis By: Willard M. Oliver Copyright © 2015 Carolina Academic Press. All rights.
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