High Five: Five Early Drug War Laws

by | Cannabis Times

 

The Harrison Narcotics Act: A Turning Point in the War on Drugs

President Woodrow Wilson signed the Harrison Narcotics Act on Dec. 17, 1914, and it took effect on March 1, 1915. This federal drug tax aimed to generate revenue and crack down on the free trade of drugs. The act, approved through three bills, H.R. 1966, H.R. 1967, and H.R. 6282, focused on regulating the trade of cocaine, morphine, heroin, and opium by imposing taxes and restrictions rather than outright banning them.

But before the Harrison Narcotics Act, drugs were easily accessible. You could buy heroin and cocaine at Sears (then Sears, Roebuck and Co.), or even get a bottle of Coca-Cola with a pinch of cocaine at a gas station with little oversight. The act was primarily enforced on businesses run by Chinese immigrants and Black Americans.

Anslinger’s Crusade: The Influence of Harry J. Anslinger

The Uniform State Narcotic Law, first drafted in 1925 but adopted in 1932, aligned state drug laws with federal law. President Herbert Hoover signed it, closing the loopholes in the Harrison Narcotics Act and forcing state drug laws to comply. Prior to this, state-level drug laws often conflicted with one another.

The driving force behind the Harrison Narcotics Act was Harry J. Anslinger, the first commissioner of the U.S. Treasury Department’s Federal Bureau of Narcotics. Anslinger relentlessly lobbied for the bill, releasing statements claiming that cannabis caused insanity and sexual assault. This was a major step in outlawing cannabis at the federal level, but it proved difficult to enforce.

The Marihuana Tax Act: A Flawed Attempt to Eliminate Cannabis Trade

In 1937, H.R. 6385 was approved and became the Marihuana Tax Act. This act aimed to eradicate cannabis trade by imposing an exorbitant “tax” on its sale. Cannabis users were required to pay $100 per ounce, which would be equivalent to $2,191.04 in 2024. To avoid this tax, they had to meet strict licensing criteria and obtain stamps as proof, but even then, the taxes were only reduced. The Federal Bureau of Narcotics, led by Anslinger, was responsible for enforcing this law.

Just days after the act took effect, the first two people were arrested under it: Samuel R. Caldwell and Moses Baca.

The Boggs Act: Mandatory Sentences for Drug Convictions

In 1951, the Boggs Act was passed, establishing mandatory sentences for drug convictions, particularly for cannabis. A first offense for cannabis possession carried a minimum sentence of two to five years in prison and a fine of up to $2,000. Adjusted for inflation, this would be equivalent to $24,539.68 in 2024, an impossible amount for most people to pay. President Harry S. Truman signed the act into law on Nov. 2, 1951, and just two months later, about 500 people were arrested in a single day in federal raids based on this new law.

The Creation of the DEA: Nixon’s Push for a Stronger Drug Enforcement Agency

On June 8, 1973, the U.S. House approved Reorganization Plan No. 2, which was pushed by President Richard Nixon. This plan created the Drug Enforcement Administration (DEA) on July 1, 1973, with the goal of strengthening the government’s efforts in the war on drugs.