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From Hemp to Freedom: A History of U.S. Cannabis Laws

02 Oct 2024
From Hemp to Freedom: A History of U.S. Cannabis Laws

Once upon a time, the American people had many more freedoms than we do today. Over time, while society has gained certain freedoms, many others have been taken away—one of these lost freedoms centered around a particular plant. Before America was even a country, there was hemp. Hemp was a cash crop known for its tall, strong fibers and healthy seeds. People used hemp fibers to make rope, clothes, paper, and even sails for boats. The U.S. Constitution was printed on it, and some of the first American flags were woven from it. That plant, known as hemp, also goes by another name: cannabis.

Over the last 400-plus years, cannabis has had a fascinating and colorful history when it comes to legislation in the United States. Over the history of the United States, cannabis has gone from a completely legal cash crop to a highly illegal and stigmatized plant and back again. The history of cannabis legislation in the United States has significantly changed over the centuries.

Hemp vs Cannabis?

Simply put, hemp is cannabis. It's the same plant. But, like there are different breeds of dogs, there are other strains of cannabis. Although still a dog, a tiny, cute pug is vastly different in size than a German shepherd. And like dog breeds, some cannabis strains have been selectively bred to produce more THC (the psychoactive component of the cannabis plant) than others. So, a blanket law for all cannabis strains, including hemp, was a mistake that only hurt business interests, medical advancements, and personal freedoms.

The Beginning (1607 - 1911)

Originating in Asia, hemp was introduced to North America by colonists in Jamestown in the early 1600s. During this period, hemp was an important crop grown alongside flax, corn, wheat, and others. In fact, the first president, George Washington, grew hemp commercially, as did the third American president, Thomas Jefferson. At this time, hemp was widely grown and used industrially. But that would, of course, change in time.

The Start of Legislation / Poison Laws (1911-1937)

In the early 20th century, in the period after the Mexican Revolution of 1910, a high number of immigrants from Mexico arrived in the U.S., introducing a strain of potent cannabis known as cannabis sativa and the recreational use of marijuana. At this time, cannabis was also being used as a narcotic in cities across America in what was known as Hashish houses, parlors, or dens, where people smoked cannabis in a condensed powdered form known as hashish. This increased use of recreational cannabis led several state governments to label cannabis as a poison, and it was labeled as a dangerous drug by the federal government (it's still defined this way today) and added to a list of habit-forming drugs by the New York Board of Health.

Marijuana Tax Act (1937-1971)

In response to the increasing use of marijuana, the U.S. government sought to regulate and control cannabis through taxation. This effort culminated in the passage of the Marijuana Tax Act on October 1, 1937, which effectively crippled the production and sale of hemp, as it derived from the same plant as marijuana. Congress enacted the law even though it was based on questionable studies and held sparely attended hearings. The act not only made it difficult to grow and sell cannabis but also legitimized the term marijuana, which had previously been slang. Dictionaries at the time did not recognize the word 'marijuana' (or 'marihuana') before this legislation. This law remained in effect for the next thirty-plus years, hurting the agricultural industry, harming patients, and taking freedoms from the people. But in the years to come, things started getting even worse.

Controlled Substances Act (1970-1996)

In 1970, the federal government passed the Controlled Substances Act, categorizing marijuana as a Schedule I drug. Under the law, Schedule I drugs are deemed to have a high potential for abuse and no accepted medical use. This classification placed marijuana—despite its numerous uses and long history in America—on the same list as drugs like heroin and cocaine. The Controlled Substances Act started a long period of heavy-handed enforcement, drug busts, and jail time for even small amounts of cannabis. This law, in part, resulted in mass incarceration for millions of Americans. Some lawmakers attempted to ease these laws with legislative proposals, but they uniformly struck down in their attempts.

Although these were dark times for both cannabis and personal freedom in America, things were about to *finally* start to change for the better.

Medical Era (1996 - 2012)

In California, after two failed cannabis laws were struck down by then-governor Pete Wilson, medical cannabis advocates chose to take the issue directly to the voters with Proposition 215, a ballot initiative. It succeeded, and this led to cannabis finally being cleared for medicinal use when Proposition 215, aka the Compassionate Use Act, passed in 1996.

The Compassionate Use Act was the first domino in the lengthy process of change, as freedom has slowly worked its way across the land. Other states soon followed California's lead, starting in 1998, with Colorado, Oregon, and Alaska passing their own medical cannabis legislation. After that, Maine was in 1999, and then Hawaii, Nevada, and Colorado were in 2000. This trend continued for the rest of the beginning of the millennium, with ten more states decriminalizing or legalizing cannabis for medical use. However, things were far from perfect. In fact, in 2007, cannabis-related arrests in the United States reached their peak, with over 870,000 marijuana-related arrests made by police. At that time, 48% of all drug-related arrests in the country were for marijuana violations.

But as more and more states introduced and passed medical cannabis and decriminalization laws, things were about to get even better because recreational cannabis laws were just around the corner for several states.

Recreational Freedom (2012 - The Present) 

Things really started rolling in 2012 when both Colorado and Washington State legalized cannabis recreationally. Recreational cannabis laws were a significant game-changer for personal freedom in America. After that, Alaska and Oregon followed in 2014, then New Hampshire, New York, California, Maine, Nevada, and Massachusetts.

iKrusher is Born (2017) 

As state governments legalized cannabis for recreational use, brave business pioneers, including farmers, dispensaries, and oil producers, helped this new industry to grew. iKrusher was one of these freedom-loving companies that arrived to help deliver this fantastic plant to businesses and individuals. In 2017, iKrusher began supporting the growing cannabis market with our high-quality vaporizers and cartridges. Starting as a small cannabis vape hardware manufacturer, we've grown alongside the industry.

The Present Day

As of 2024, only a handful of stubborn states continue to cling to the past by keeping marijuana illegal. Unfortunately, this includes the federal government, which still classifies cannabis as medically useless and highly addictive, placing it alongside heroin and cocaine.

The Future Looks Lit

The future is promising for cannabis, a once-misunderstood plant now gaining recognition for its versatility and value. As more states shed the chains of ignorance and empower individuals to make their own choices, a 'green wave' is sweeping the nation. Soon, the federal government will likely reclassify cannabis from a Schedule I drug to a Schedule III, acknowledging its medical benefits and low potential for abuse. This shift will unlock new investment opportunities, driving a further boom in cannabis products and further solidifying its market position.

In Closing

Cannabis, once cultivated by the founding fathers and later stigmatized, has now emerged as a symbol of vindication for healthcare and personal freedom in the United States. And there's even more progress on the horizon! From oils and edibles to flowers and vapes, the variety of legal ways to enjoy cannabis—both medicinally and recreationally—makes this an exciting time to be alive. What once seemed like an impossible battle has transformed into a beacon of hope, turning the dreams of past generations into an unstoppable force of freedom today.

Happy vaping!

 

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