Medical Marijuana Prohibition: Congress and the Executive

Before the politics of Washington, D.C. got a hold of medical marijuana the plant was an integral part of the American pharmacopoeia. In fact, the 75th Congress criminalized medical marijuana in 1937 over the objection of the American Medical Association. Thus began the 69-years and counting of Federal medical marijuana prohibition: arguably the worst policy in the history of American politics (related to gross social injustice domestically and internationally).

Politics is particular. For the 75th Congress, the particular problem with medical marijuana in 1937 was that “The Mexican population cultivates on average two to three tons of the weed annually. This the Mexicans make into cigarettes, which they sell at two for twenty-five cents, mostly to white school students” (see Kenneth Michael White, “The Beginning of Today: The Marihuana Tax Act of 1937,” PublishAmerica 2004, pages 22-23, quoting the legislative history of the Marihuana Tax Act of 1937).

Clearly the branch that is supposed to provide deliberative policy forgot to consider the self-evident truth that the world is by nature comprised of individuals, not groups. What Albert Einstein called “the measles of mankind” is obviously hard to cure. That sickness still pervades today, even after 52 years since the Court was supposed to have, as a matter of law, corrected the disease “groupthink” from interfering with public policy.

While Congress has stubbornly ignored polls showing 80% of public opinion in favor of medical marijuana, the other political branch has been equally obtuse. The executive branch, possessor of the—delegated, not inherent—authority to administratively reclassify marijuana, has, like Congress, put the self-interest of a powerful few over the common interest of everybody.

Perhaps the most egregious example of a president thwarting the reasoned sense of the community is Richard Nixon. In 1972, Nixon’s commission on marijuana, which he created, concluded that the total prohibition of marijuana is unjust and actually harms the youth. Why? Because prohibition fosters disrespect for the rule of law—the only thing that keeps mankind secure and, therefore, free.

Why should the people follow the rules when the representatives themselves do not follow the rules? The last two presidents have used marijuana for personal use. Yet, both have overseen an administration that has, to put it mildly, increased pressure on the medical use of marijuana. But the people are not stupid. It rankles to think how men who, as citizens, partied with marijuana without consequence can, as governors, criminally punish seriously ill people; not for partying but for following the advice of a licensed doctor. When it comes to marijuana, hypocrisy has replaced common sense.

So what to do when the government of the people, for the people, and by the people no longer represents the people? The only thing that has ever been: political participation. Vote. Write letters to representatives; local, State, and Federal. Write letters to the editor. Put a bumper sticker on your car. Wear a political t-shirt or button. Give money to a group that advocates for sensible drug policy. Most important: talk about politics with your friends and, especially, your enemies, too.

Though the government may misuse what rightly belongs to the people, the government cannot prevent a determined people from taking back what was always theirs in the first place. Federal medical marijuana prohibition ends when the ordinary, reasonable, and prudent person acts to end it. So get busy acting, please.


Kenneth Michael White is an attorney and author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” both by PublishAmerica 2004). Visit www.thebeginningoftoday.com for more information.