EDITOR’S NOTE: Today’s post is the first in a two-part series by contributing editor Adam Rathge. The series is drawn from Rathge’s dissertation, which examines the century-long road to federal marijuana prohibition in the United States by analyzing the development and transformation of medical discourse, regulatory processes, and social concerns surrounding cannabis between 1840 and 1940.
Robocalls. Partisan attack ads. Pundit punditry. It’s midterm election time in America! As this post goes live, Nate Silver’s projections over at FiveThirtyEight suggest the GOP will take back the Senate. But that’s not the only measure of intrigue to be settled on November 4th. In Alaska and Oregon, voters will decide whether to implement legislation modeled on the laws passed by Colorado and Washington in 2012, making marijuana sales legal for adults in those states. Voters in Washington, D.C. will also decide on marijuana legalization (with a ballot measure that will make it legal to possess or grow small amounts, but not buy or sell it). Meanwhile, Florida voters will consider a constitutional amendment to allow medical marijuana. And if we take a quick look ahead to 2016, we find a half-dozen additional states considering marijuana legalization initiatives.
One of the most fascinating aspects of this recent turn toward medicalization and legalization are the contradictions it inspires. For example, if “soft legalization” passes in Washington, D.C. next month, and Congress allows it to stand, marijuana possession would be legal throughout the city, but acquiring it would still require a series of acts that remain illegal. In fact, according to federal law, none of these ballot initiatives are legal. Marijuana remains a Schedule I drug under the Controlled Substance Act, meaning it is “considered among the most dangerous drugs” with “potentially severe psychological or physical dependence” and has “no currently accepted medical use and a high potential for abuse.” Despite this, twenty three states and Washington, D.C. have legalized medical marijuana since 1996. Moreover, following the implementation of recreational legalization in Colorado this year, the state now allows the sale of marijuana to any adult over the age of twenty one while doctors continue to write marijuana prescriptions for patients. Cannabis is both medicine and intoxicant. All this has led the Justice Department to recently clarify its policies as the nation lurches forward toward what many consider a tipping point for widespread marijuana legalization. As such, now seems like as good a time as any to take a look back at how we got here in the first place. And I mean way back. A hundred and fifty years back.