23 months to the 100th anniversary of the U.S. Harrison 'Narcotics' Tax [Prohibition] Act effectively banning most Opiates and anything containing any amount of cocaine, signed into 'law' December 17, 1914.
The following is an article about the predessessor to the Harrison Act, the U.S. Food and Drugs Act of 1906 so empowering the Bureau of Chemistry of the USDA the iniitial thrust of what became the 'drug war'.
Centennial of Federal Drug Laws - June 30th, 2006
By Dale Gieringer,Ph.D
This month marks the
centennial of the first federal drug laws. On June 30th, 1906, Congress approved
the Pure Food and Drugs Act, giving the U.S. Bureau of Chemistry - the
forerunner of today's FDA - the unprecedented power to ban certain drugs from
the market. The act proved to be a fateful step toward a regime of total federal
control that would eventually restrict Americans' access to valuable medicine,
stifle research, and create a vast new field of criminal enterprise.
At the time the act was passed, there was no such thing as an illegal drug.
Americans could readily buy any drug at the pharmacy, including opium, morphine,
cocaine, or cannabis, which was then widely recognized as a medicine.
Nonetheless, there was little public fuss about drug abuse, and drug crime and
violence were unknown in the legal market. However, that began to change when a
coalition of drug bureaucrats and professional groups with an interest in
regulation joined with the same temperance forces that would soon impose alcohol
prohibition to enact tight new federal restrictions on drugs.
The intent of the Pure Food and Drug Act was basically sound: to stop
misbranded, adulterated, and fraudulent products. One of its key provisions was
to require truth in labeling. Drug manufacturers had to give notice of
intoxicating ingredients such as opium, alcohol, cocaine - or cannabis, then a
familiar pharmaceutical drug.
In addition, however, the food provisions of the act empowered federal
bureaucrats to ban certain ingredients deemed to be deleterious.
These powers
were promptly abused by the first director of the Bureau of Chemistry, Harvey
Washington Wiley, who favored prohibition of both drugs and alcohol. Wiley tried
to use the new law to ban saccharine, caffeine, and sodium benzoate, but was
fortunately unsuccessful.
However,
Wiley did manage to banish mild coca beverages containing small
amounts of cocaine on the unsubstantiated claim that they were deleterious to
health. In fact, low-potency coca beverages had been on the market for a
generation with no evident health problems, and had been endorsed by such
luminaries as Thomas Edison and President McKinley. Coca products are still
enjoyed today in South America, where they are thought to be helpful for weight
control, digestion and diabetes. However, public alarm had been fueled by the
introduction of high-potency, pharmaceutical powder cocaine, which caused
serious abuse and addiction problems. Ironically, while Wiley succeeded in
suppressing harmless coca beverages, the market was soon flooded with high-grade
pharmaceutical cocaine, which proceeded to metastasize into a worldwide criminal
problem from the jungles of Colombia to the streets of American cities.
The spring of 1906 brought a second important new anti-drug law. On May 7th,
Congress passed the District of Columbia Pharmacy and Poisons Act, aimed at
cracking down on the sale of so-called narcotics to drug fiends. The DCPPA made
it a crime to sell opium, cocaine or chloral hydrate except on a doctor's
prescription for illness. This effectively marked the opening shot in the war on
drugs , unleashing the police against narcotics. The act was the first of a
series of anti-drug measures that would culminate in national narcotics
prohibition with the Harrison Act of 1914.
The DCPPA applied only to the
District of Columbia, since at that time it was still thought that Congress
lacked power to regulate narcotics elsewhere, but it was intended as a model
bill for the states, which promptly began to follow suit.
Among the first was California, which enacted its own poison law in 1907 at
the behest of the state board of pharmacy, an aggressive and nationally
recognized pioneer in the war on drugs. Around the state, the board would
dispatch undercover agents posing as addicts to wheedle drugs from unsuspecting
pharmacists, then bust them and publicize their arrests in the local press. The
board swept down on Chinatown, cleaning out the opium dens and burning their
wares in public bonfires. It also prevailed on the legislature to pass
additional laws criminalizing users and paraphernalia.
The board even procured a pioneering law against cannabis or ³Indian hemp² in
1913, at a time when hardly anyone had even heard of "marijuana." While
admitting that cannabis was not a significant problem, the Board warned of an
influx of cannabis-using "Hindoos" who might spread the habit. Ironically, only
after becoming illegal did marijuana become popular, eventually spreading to
millions of users.
Cannabis continued to be legally available as a prescription medicine until
1941, when it was forced off the market by two new federal laws. The first was
the Marihuana Tax Act of 1937, which imposed prohibitive taxes on cannabis as
part of a national prohibition scheme. Faced with prohibitive expenses,
manufacturers were compelled to discontinue cannabis pharmaceuticals. Meanwhile,
the FDA acquired new powers to keep drugs off the market. The Food, Drug and
Cosmetics Act of 1938 required that all new drugs henceforth be approved for
safety. The act exempted "old" drugs already on the market in 1938, a category
that in principle included cannabis. However, once cannabis had been withdrawn
from the market, the FDA reclassified it as a ³new drug.²
Fast forward to 2006,
and the FDA insists on treating cannabis like an unproven new drug, conveniently
forgetting a long medical history that predates the FDA's own existence. Over time, federal drug regulations were extended to encompass virtually
every aspect of pharmaceutical choice. Over-the-counter sales of prescription
drugs were outlawed, effectively repealing Americans' right to self-medication.
Use of experimental drugs was prohibited except by prior FDA approval, impeding
research and denying access to potentially valuable new drugs, sometimes even to
terminally ill patients with no other treatment alternatives. Decisions about
access to drugs for birth control, abortion, end-of-life treatment and severe
chronic pain were taken out of the hands of the patients and put in the hands of
politicized bureaucrats at FDA and DEA. Finally, federal narcotics laws were
vastly expanded to prohibit virtually every psychoactive substance of interest
to humans except alcohol, nicotine and caffeine.
Unlike alcohol, drug prohibition was not the product of any popular
initiative. Rather it was the work of insiders, led by pharmacy boards and
bureaucrats with an interest in regulation. Public debate was minimal. Little
consideration was given to the likelihood that prohibition might have
counterproductive effects.
Viewed in retrospect, the toll of the drug laws exceeds that of the great
1906 earthquake. In the past century, countless thousands have been killed by
prohibition-related drug crime and violence, and countless more by exposure to
dangerous black market products. Hundreds of billions of dollars have been spent
on drug law enforcement. Millions of Americans have been arrested and
criminalized, and nearly half a million Americans are now in prison for drug
offenses that simply did not exist a century ago. Despite this, the rate of
narcotics addiction today is no lower than in the days when drugs were legal,
around 1% of the population.
In retrospect, it is hard to escape the conclusion that 20th century drug
control laws have failed. By every criterion, the free market regime of one
hundred years ago worked better than today's comprehensive federal prohibition.
At the dawn of the 21st century, the time is overdue to address
the
disastrous legacy of the Hundred Years' War on Drugs.
By Dale Gieringer,Ph.D
Based on an article in the June, 2006 edition of
Liberty, "Centennial of an Unnatural Disaster,"
http://libertyunbound.com/archive/2006_06/gieringer-centennial.html