The Evolution of Medical Cannabis: From Prohibition to Advocacy

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An Overview of Events Leading to Today.

Cannabis Sativa (marijuana) is historically one of the oldest cultivated plants on the planet. This complex plant has been used for a myriad of things during the recorded time periods that man has harvested it. As far back as as 4000 B.C. in Ancient China, the plant was being harvested for its fiber rich stalks to be used in textile production for strings, ropes and even paper. The first known use of Cannabis for medicinal and therapeutic purposes can be found in the oldest known pharmacopeia which was passed down by Emperor Shun-Nung circa 2700 B.C. . Not exclusive to China however, as circa 2000 B.C. records in India have shown the use of cannabis, known as “bhang” in various rituals and Ayurvedic medicine. Approx. 1000 years later Scythians burn hemp seeds as part of funeral rituals across the Middle East and Central Asia. 500 years after that the cultivation of Cannabis (as hemp) begins to spread across the Mediterranean for textile production of ropes and sails. Up until the early 20th century, cannabis grown as hemp was widely recognized as a staple crop for multiple countries across the globe.

In 1939 after studying the use of Hashish (processed and concentrated THC from cannabis) for its medical properties and it’s effects on; cramps, tetanus, rabies and cholera in the country of India, Irish researcher Dr. William O’Shaughnessy introduces cannabis as a medicine to Western pharmacology. This greatly expands the acceptance of the cannabis plant for medicinal research and use. Eventually in 1950 cannabis as a medicine is listed in the United States Pharmacopeia and was prescribed for such conditions as pain, insomnia and migraines. Cannabis was even listed in certain medicines as an active ingredient after the passage of the 1906 Food and Drug Act in the United States.
But with such a deep rooted history that has shown promise as a medicine across various cultures and multiple millennia worth of time; what changed and shifted the perception of the benefits of this plant? Why has there been such a hesitation in regards to exploring the true benefits of cannabis?

During the beginning of Mexican Revolution in 1910 Cannabis began to spread in reputation as a somewhat of a cultural symbol. It beings to appear as a substance of recreation smoked similar to cigarettes in some of the less savory environments in Mexico such as prisons and barracks.  Coupling the fact of these dangerous and violent places and people, along with people from these areas becoming displaced during and after the war, it was used a kindling to start the fire of the xenophobic driven Reefer Madness of the 1930s. The term “marijuana”  derived from the original word “marihuana” during this era in an attempt to  bastardize the word as even more foregion. This is despite later findings showing that many immigrants of that era actually did not consume Cannabis. 

The racism was not exclusive to the Hispanic population either. African-Americans were disproportionately harassed as targets of this “devils lettuce” via the sensationalist media. Xenophobia and fear were the two driving factors in negative stigmas that encapsulated cannabis during this time period. Cherry picked facts and scenarios were selected to be presented by the media and to the government by prohibition supporter Harry Anslinger; whom would eventually help found the Federal Bureau of Narcotics (FBN) in 1930, led the charge of cannabis propaganda known as “Reefer Madness”.

During his tenure as an alcohol prohibition officer and even during the early stages of the FBN Anslinger seemed less interested in combating cannabis, but rather heroin and cocaine. However, due to the much smaller user base of said products as a whole, Anslinger doubled down on the use of yellow journalism to slander and demonize the cannabis plant. Creating what was essentially a “golden ticket” for the war on drugs. 

Harry Anslinger, is also attributed in saying ““Most marijuana smokers are colored people, jazz musicians, and entertainers. Their satanic music is driven by marijuana, and marijuana smoking by white women makes them want to seek sexual relations with Negroes, entertainers, and others. It is a drug that causes insanity, criminality, and death — the most violence-causing drug in the history of mankind.”. Clearly using racial prejudices of the era to push an agenda of power. Essentially by propping laws and ideas that “protected” the population from “degenerate races” is what allowed Ansligner to preserve the societal status-quo, while advancing his own career at the same time. 

Using selective facts fueled by this biases Anslinger testified in front of the United States Congress on the dangers that marijuana would fuel, especially in the youth of the suburbs. This testimony along with deceptive publishings in the media helped sway pubic opinion in favor of the 1937 Marihuana Tax Act. While this didn’t directly ban cannabis at a federal level (this wouldn’t happen until the Controlled Substances Act of 1970) it effectively criminalized cannabis nationwide. This was done via a levy of fines and strict penalties for anyone found in non-compliance of the law in terms of cultivation and distribution. Essentially making it too finically cumbersome to be involved with the plant. 

After the passage of this act, the FBN continued their crackdown on what Anslinger described as “narcotics that were deemed illegal” by overseeing the arrest of over three thousand physicians across the nation by the end of 1939. This helped spark the creation of the LaGuardia Committee, a specialized commission whose purpose was to discover the effects of smoking raw cannabis. This Committee was drafted by the New York Academy of Medicine after instruction from the New York City Mayor, Fiorello LaGuardia whom strongly opposed the 1937 Marihuana Tax Act. This five year study published their final report in 1944 that found no direct link between violence and cannabis, was not physically addictive, did not lead to crime and debunked the “gateway drug” theory. Ansligner however called the findings “unscientific” and continued to chug forward with the prohibition of cannabis. Continuing to ignore the facts and relay on an over sensitionalist approach with the media Ansligner helped set the societal foundation in the 1950’s that would pass both the Boggs Act of 1951 and the Narcotics Control Act of 1956, that would impose harsh mandatory minimum sentences for anyone found guilty of narcotic offenses. 

The world changed in 1964 when the structure of Delta-9 THC is characterized by Israeli scientist Raphael Mechoulam. This became a pivotal moment for the cannabis community as this was the discovery of the compound that gives cannabis it’s psychoactive effects when consumed in humans. 

Back in the United States a huge legal victory was achieved with the prohibition of cannabis in 1969 when the Supreme Court ruled against the Federal Government in Leary vs The United States. The summary of this landmark case is that Timothy Leary was convicted of violating federal laws regarding transportation and possession of cannabis. Leary argued that by paying tax provisions on the product, he would be self incriminating himself by being required to identify as a non-registered transporter of cannabis. The Supreme Court ruled in a unanimous decision that this was in violation of Leary’s 5th Amendment protections against self incrimination and remanded the case. This ruling effectively invalidating The Marihuana Tax Act, making cannabis “legal” until the 1970 signing of the Controlled Substances Act by President Richard Nixon which henceforth listed marijuana as a Schedule 1 narcotic; meaning it has low medical potential with a high risk of abuse. This would become the seed for the ensuing “War on Drugs” in the 1980s spearheaded by President Regan. 

1974 was a year that did show some promise for cannabis as a medicinal product as the Federal Government formally recognized Robert Randell as the nations first medical marijuana patient. This was the result of the Supreme Court ruling in United States vs Randell after his defense included scientific and medical based evidence on how it positively effected his condition of glaucoma. This helped open the door for multiple states to begin drafting legislation regarding the use of medical cannabis for their constituents. 

 Cannabis however would continue to hold onto it’s negative stigmas even after a finding  in 1988 by a Drug Enforcement Agency (DEA) Administrative Law Judge by the name of Francis Young concluded that in it’s natural form, marijuana is one of the safest therapeutic agents known to man. He found it unreasonable to consider it a dangerous agent and argued rescheduling the plant as the DEA’s current stance stymied any medical research. This notion was rejected by John Law the overseeing head of the DEA and cannabis prohibition continued.
It wouldn’t be until 1996 when California Prop 215 was introduced and passed, that cannabis was really able to attempt to be re-established as something other as harmful. The bill, effectively challenged the Federal Government’s stance vs State’s rights in regards to medicine and the perception of cannabis. Under Bill 215 California patients with valid doctor’s recommendations the ability to cultivate, possess and consume medical cannabis. Passing with a 55% “yes” vote, this would kick start a chain reaction of multiple state to adopt similar legislation within the following years. Starting the boom of the present generation of cannabis reform, legalization and perception.

In 2012 there would be a slight shift in the public eye regarding the use of cannabis as both Colorado and Washington State adopt legislation that would allow for the recreational use of cannabis. While regulated similar to alcohol, this has allowed a framework for more research and testing at a state level, while also giving a foundation for other states to follow suit. 

In 2018 the United States Federal Government formally passed and introduced into law the U.S. Farm Bill which legalized the cultivation and production of industrialized hemp at a federal level. While not allowing cannabis as a whole, this has allowed for the introduction of even more research and industry involving the chemical components and the medical effects they can offer. In 2025 we have even seen a sitting President advocate for more research into compounds such as CBD and rescheduling of cannabis, while directing attention to the endocannabinoid system directly and how it can play a role in health care for seniors. This marks a stark contrast in views to the federal government’s decades old stance regarding cannabis and is much more in line with what the cannabis community has pushed for since the publication of the LaGuardia Report. 

But what does this all mean? Today, cannabis is till viewed in a very “grey” area for many people. Both as a recreational hobby and as a medical tool. While more modern state legislation has definitely shown a shift in perception overall, there will always be multiple issues that can legally stifle growth and curiosity in this field until federal perception changes. However, with markets such as Washington and Colorado beginning to provide a wider option of products for clients past “getting high”, in conjunction with more open research (past medicine as well, the textile industry with hemp is incredible on it’s own) has started to filter into a more positive light for the general public. Hopefully, this trend continues to allow for less restrictive research into the plant.

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