Marijuana Law's U.S. History

Since the earliest settlers, marijuana has long been a cash crop in the United States. Many people, however, don't know how it became illegal. This is a brief history of the infamous weed.

1619: The first American law pertaining to marijuana, passed by the Virginia Assembly, required every farmer to grow it. Fibers from hemp, which is much less potent than the smokable kind, were used to make ship sails and rope.

1900-1930: Sailors and West Indian immigrants smoked marijuana in port cities along the Gulf of Mexico. In New Orleans, newspaper articles associated the drug with jazz musicians, prostitutes and the underworld. Police officers in Texas said marijuana "aroused a lust for blood" and gave its users "super human strength."

1931: Twenty-nine states had outlawed marijuana, generally with little fanfare or debate.

1936, "REEFER MADNESS": This propaganda film, originally financed by a church group and made under the title "Tell Your Children," is about what happens when teens try marijuana: a hit-and-run accident, manslaughter, suicide, rape and even a descent into madness. Soon after the film was shot, however, exploitation filmmaker Dwain Esper purchased the film, cut in several salacious shots and repackaged it under its now famous title.

1937, FEDERAL GROWING BAN: The Marihuana Tax Act passed, prohibiting Cannabis sativa -- the genus for the species of plant designated by Carl Linnaeus in 1753 -- from being grown. The legislation did not criminalize the use or possession of pot, but required anyone looking to grow marijuana to seek a tax stamp from the government. Failing to pay the tax resulted in fines up to $2,000 and five years in prison. The bill sailed through Congress, and only three lines were written on its passage in the New York Times.

BIRDSEED BROUHAHA: The one group to balk at the marijuana-growing ban was birdseed makers. They used hemp seeds in their bird feed, and to this day, because of an exemption, they are allowed to use sterilized seeds.

BEFORE 2000: Drug agents became better at spotting hidden crops from helicopters and planes. They combed through national forests and wetlands, known to be a fertile ground for illegal marijuana. Wildfires scorched growers' lands and sent their crops up in smoke. Poachers were such a problem that mild-mannered farmers placed punji boards, planks with upward facing spikes, around their fields. Criminal organizations installed armed guards.

POST-2001, TOUGH TO SMUGGLE: Smugglers found their jobs more difficult after Sept. 11 when the government beefed up its border patrol. Seizures mounted to more than 1 million kilograms. So, growers packed up their plants and hauled them inside because it was a good way to avoid detection, and produce, in controlled conditions, a more profitable product.

2005: According to a White House survey, there were more than 25 million marijuana users in the United States.

-- Compiled by Seth Robbins with News Researcher Karen Duffy contributing

It’s Okay to Like Pot.

Ask advocates why they want marijuana legalized and they will provide a variety of answers but rarely will they admit the obvious: they like marijuana.

It’s not that marijuana legalization advocates are ashamed of cannabis but that they’ve been trained to discuss the issue in the abstract by public interest groups who operate in constant fear of being labeled “pro-marijuana” or otherwise being tagged as promoting marijuana use instead of political reform.

Most of the public understand that many people use or have used marijuana without serious consequences for personal or public health. The public also understands that many marijuana users favor legalization because they like pot and don’t want to be arrested for it. It’s pretty obvious, and the public is skeptical of advocates who try to pretend otherwise.

When asked the question most advocates attempt to address the issue in terms of the public interest. The usual answers to the legalization question are in the 2nd person or 3rd person, as in here’s why you should want it legalized (2nd person) and here’s why society should want it legalized (3rd person). These answers, reasonable as they are, avoid the question. They are evasive, they avoid the 1st person response, as in why do I want marijuana legalized.

Here is an example of a direct, first person, answer: I want to be able to grow and use marijuana legally as an alternative to alcohol, and to do so I am willing to pay taxes, cooperate with a regulated market, support other drug control efforts, and promote socially responsible conduct.

People use marijuana for different reasons, and answers to the question will vary considerably. What’s important, though, is not so much the reason for wanting legalization but instead what one is willing to offer society in order to get it.

The legalization of marijuana will not be achieved through cleverness; it is not a matter of refining an argument or implementing a shrewd public relations campaign. Legalization is a political objective, and political objectives are accomplished through making deals, through an agreed upon exchange of actions. Deals, though, ultimately require trust ­ something marijuana users are quite familiar with. Honesty builds trust, and more honesty about marijuana use in the United States can only advance the cause of legalization.

Honesty about marijuana use reassures the public that marijuana does not have a high potential for abuse ­ indeed one of the symptoms of long-term use of a drug with a high potential for abuse is to avoid honest discussion about it. Honesty about the personal interest of advocates in legalization also builds credibility when it comes to the more important issue of socially responsible conduct. Politics is not only primarily a local phenomenon; it’s a personal one as well. This is as much a matter between ‘we the people’ as it is a matter between the people and their government. The latter struggle is often a matter of rights, but when it comes to deriving a social compact that provides the basis for a political consensus producing the legalization of marijuana it is a matter of discussing responsibilities and obligations rather than rights and entitlements.

Marijuana users are responsible individuals, and avoiding discussion of their interest in using marijuana also avoids opportunities to discuss their interest in being responsible citizens. The public is a lot more interested in responsible conduct than they are responsible use. Using drugs responsibly is a matter of self-interest far most of the public, they believe that if someone is careless enough to use drugs irresponsibly they deserve whatever trouble it causes.

Responsible conduct, though, is a different matter than responsible use. Certainly the public is interested in hearing about the impact of legalization on personal conduct involving such matters safety (driving under the influence) and restricted availability (not providing marijuana to teenagers and children). Many parents are just as concerned, though, about marijuana use in public ­ whether it is otherwise responsible use or not. The attitude of many parents can be generally summarized as “please, not in front of the kids” ­ underscoring their concern over the conduct of marijuana users over any concern for the effects on the users themselves. Most marijuana users view it as a private matter anyway, just as most marijuana users engage in responsible conduct whether they are stoned or not.

So, it’s okay to like pot, and if you want to argue in favor of marijuana’s legalization it’s okay to talk about your personal interest in this issue. Just remember there is a difference between one’s personal interest, the personal interest of others, and the overall public interest. Sounds complicated, but it’s not. It’s just a matter of offering the same respect for others that marijuana users should demand for themselves.

Arguments for legalizing marijuana should consist of two parts, why the advocate is in favor of it and why the audience should be. Advocates of marijuana legalization need to state both their personal interest in the issue and what actions they will take, personally, to address the audience’s interests. This serves the public interest because consensus is one of the results of this sort of compact-building approach.

You can’t begin work on a social compact, though, without first making it an issue for discussion. The best way to begin that process is for marijuana users to begin to address the issue in the first person, to claim a personal stake in the outcome of public debate over the marijuana laws, and to directly contradict the widespread misimpression that marijuana users are not socially responsible citizens.

Being direct about a personal interest in marijuana’s legalization, though, does not require an admission of past or present violations of the law. Note that the example above does not state “I use marijuana” or that “I have used marijuana illegally” but, rather, asserts that “I want to use marijuana legally.” Again, one has to look at it as a proposal, as a prospective deal ­ in the future I want to do this and I am willing to do this in return.

Everyone understands that many people now use marijuana illegally. That’s the point. Legalizing marijuana is not about validating that use; it’s not about saying it was okay for people to break the marijuana laws because it turns out there’s a better way to regulate it. Legalizing marijuana is simply about society adopting the better way, and what makes it a better way of regulation is the one thing that marijuana users have to offer in exchange for it ­ their cooperation in making regulation a more successful policy than the current prohibition.

The public is a lot more receptive to legalizing marijuana than ever before. It’s time for marijuana users to address the issue in the first person, it’s time for advocates of legalization to explain their personal stake in the issue, and it’s time to use honesty about marijuana use and social responsibility as a way to achieve legalization through building consensus rather than through inciting confrontation and divisiveness. It’s okay to like pot, but ultimately marijuana use is about consciousness, consciousness is about responsibility, and responsibility requires an honest compact between marijuana users and the rest of society.

420 Campaign - Top Ten Reasons Marijuana Should Be Legal

The readers of HIGH TIMES want marijuana legalized, nationwide, and now. The 420 Campaign is a plan to bring legalization before the US Congress and the public. We want to use April 20th as a focal point every year to concentrate pressure on Congress to legalize marijuana until we get the job done.

Here are our top ten reasons marijuana should be legalized:

10. Prohibition has failed to control the use and domestic production of marijuana.
The government has tried to use criminal penalties to prevent marijuana use for over 75 years and yet: marijuana is now used by over 25 million people annually, cannabis is currently the largest cash crop in the United States, and marijuana is grown all over the planet. Claims that marijuana prohibition is a successful policy are ludicrous and unsupported by the facts, and the idea that marijuana will soon be eliminated from America and the rest of the world is a ridiculous fantasy.

9. Arrests for marijuana possession disproportionately affect blacks and Hispanics and reinforce the perception that law enforcement is biased and prejudiced against minorities.
African-Americans account for approximately 13% of the population of the United States and about 13.5% of annual marijuana users, however, blacks also account for 26% of all marijuana arrests. Recent studies have demonstrated that blacks and Hispanics account for the majority of marijuana possession arrests in New York City, primarily for smoking marijuana in public view. Law enforcement has failed to demonstrate that marijuana laws can be enforced fairly without regard to race; far too often minorities are arrested for marijuana use while white/non-Hispanic Americans face a much lower risk of arrest.

8. A regulated, legal market in marijuana would reduce marijuana sales and use among teenagers, as well as reduce their exposure to other drugs in the illegal market.
The illegality of marijuana makes it more valuable than if it were legal, providing opportunities for teenagers to make easy money selling it to their friends. If the excessive profits for marijuana sales were ended through legalization there would be less incentive for teens to sell it to one another. Teenage use of alcohol and tobacco remain serious public health problems even though those drugs are legal for adults, however, the availability of alcohol and tobacco is not made even more widespread by providing kids with economic incentives to sell either one to their friends and peers.

7. Legalized marijuana would reduce the flow of money from the American economy to international criminal gangs.
Marijuana’s illegality makes foreign cultivation and smuggling to the United States extremely profitable, sending billions of dollars overseas in an underground economy while diverting funds from productive economic development.

6. Marijuana’s legalization would simplify the development of hemp as a valuable and diverse agricultural crop in the United States, including its development as a new bio-fuel to reduce carbon emissions.
Canada and European countries have managed to support legal hemp cultivation without legalizing marijuana, but in the United States opposition to legal marijuana remains the biggest obstacle to development of industrial hemp as a valuable agricultural commodity. As US energy policy continues to embrace and promote the development of bio-fuels as an alternative to oil dependency and a way to reduce carbon emissions, it is all the more important to develop industrial hemp as a bio-fuel source – especially since use of hemp stalks as a fuel source will not increase demand and prices for food, such as corn. Legalization of marijuana will greatly simplify the regulatory burden on prospective hemp cultivation in the United States.

5. Prohibition is based on lies and disinformation.
Justification of marijuana’s illegality increasingly requires distortions and selective uses of the scientific record, causing harm to the credibility of teachers, law enforcement officials, and scientists throughout the country. The dangers of marijuana use have been exaggerated for almost a century and the modern scientific record does not support the reefer madness predictions of the past and present. Many claims of marijuana’s danger are based on old 20th century prejudices that originated in a time when science was uncertain how marijuana produced its characteristic effects. Since the cannabinoid receptor system was discovered in the late 1980s these hysterical concerns about marijuana’s dangerousness have not been confirmed with modern research. Everyone agrees that marijuana, or any other drug use such as alcohol or tobacco use, is not for children. Nonetheless, adults have demonstrated over the last several decades that marijuana can be used moderately without harmful impacts to the individual or society.

4. Marijuana is not a lethal drug and is safer than alcohol.
It is established scientific fact that marijuana is not toxic to humans; marijuana overdoses are nearly impossible, and marijuana is not nearly as addictive as alcohol or tobacco. It is unfair and unjust to treat marijuana users more harshly under the law than the users of alcohol or tobacco.

3. Marijuana is too expensive for our justice system and should instead be taxed to support beneficial government programs.
Law enforcement has more important responsibilities than arresting 750,000 individuals a year for marijuana possession, especially given the additional justice costs of disposing of each of these cases. Marijuana arrests make justice more expensive and less efficient in the United States, wasting jail space, clogging up court systems, and diverting time of police, attorneys, judges, and corrections officials away from violent crime, the sexual abuse of children, and terrorism. Furthermore, taxation of marijuana can provide needed and generous funding of many important criminal justice and social programs.

2. Marijuana use has positive attributes, such as its medical value and use as a recreational drug with relatively mild side effects.
Many people use marijuana because they have made an informed decision that it is good for them, especially Americans suffering from a variety of serious ailments. Marijuana provides relief from pain, nausea, spasticity, and other symptoms for many individuals who have not been treated successfully with conventional medications. Many American adults prefer marijuana to the use of alcohol as a mild and moderate way to relax. Americans use marijuana because they choose to, and one of the reasons for that choice is their personal observation that the drug has a relatively low dependence liability and easy-to-manage side effects. Most marijuana users develop tolerance to many of marijuana’s side effects, and those who do not, choose to stop using the drug. Marijuana use is the result of informed consent in which individuals have decided that the benefits of use outweigh the risks, especially since, for most Americans, the greatest risk of using marijuana is the relatively low risk of arrest.

1. Marijuana users are determined to stand up to the injustice of marijuana probation and accomplish legalization, no matter how long or what it takes to succeed.
Despite the threat of arrests and a variety of other punishments and sanctions marijuana users have persisted in their support for legalization for over a generation. They refuse to give up their long quest for justice because they believe in the fundamental values of American society. Prohibition has failed to silence marijuana users despite its best attempts over the last generation. The issue of marijuana’s legalization is a persistent issue that, like marijuana, will simply not go away. Marijuana will be legalized because marijuana users will continue to fight for it until they succeed.

The FDA and Medical Marijuana

The Food and Drug Administration (FDA) scored a public relations coup on April 20th with a one-page news release that merely restated longstanding administration policy regarding the medical use of marijuana. This old news was packaged by the media as new news, and much of the coverage reinforced the misimpression that FDA’s release reported the results of some recent investigatory process. The good news, ignored by the media and most of the movement, is that a current FDA review of marijuana’s medical properties remains underway.

In fact, the “Inter-Agency Advisory Regarding Claims That Smoked Marijuana Is Medicine” plainly stated that it was based on “a past evaluation by several Department of Health and Human Services [HHS] agencies.” One such evaluation, and the likely evaluation referred to in the advisory, took place in response to my 1995 rescheduling petition. This HHS/DEA evaluation was flawed in several respects, including its failure to even address the issue of accepted medical use. The evaluation of the 1995 petition, frequently used to provide a scientific justification for marijuana’s ongoing schedule I status, was never subjected to judicial review, and by no means represents closure on the issue of marijuana’s medical use.

Indeed much has happened since the 1995 rescheduling petition, including the filing of an updated and advanced rescheduling petition in 2002. The 1995 petition relied on scientific literature regarding marijuana’s potential for abuse. The 2002 petition, though, focuses more concisely on the issue of accepted medical use and the presentation of relevant scientific and medical evidence was enhanced by the contributions of a number of experts. Background materials on both rescheduling petitions are available at http://www.drugscience.org.

The current rescheduling petition was referred by the Drug Enforcement Administration (DEA) to HHS in the summer of 2004 for a complete scientific and medical evaluation, as required by the Controlled Substances Act. This HHS review is currently underway, and is being conducted, in part, by the same Food and Drug Administration that issued the news release that past evaluations have found that smoked marijuana is not medicine. Please note now, for the record, that FDA’s 4/20/06 announcement neglected to mention that the agency is currently conducting a new evaluation of whether or not marijuana’s medical use has been accepted in the United States – the evaluation of the 2002 rescheduling petition I filed along with the Coalition for Rescheduling Cannabis.

The federal government has long held, as a matter of legal and regulatory doctrine, that - for the purposes of regulating drugs under the Controlled Substances Act - nothing is medicine unless the DEA says it is medicine. In more precise terms, the DEA argues that accepted medical use under the Controlled Substances Act requires FDA approval of a drug under the provisions of the Federal Food, Drug, and Cosmetic Act. The problem with this argument is that it has already been struck down by the US Court of Appeals in NORML v. DEA (1977). The Appeals Court ruled that recognition of accepted medical use for the purposes of scheduling under the CSA does not require prior FDA approval of medical use.

Let’s pause for a second and make this simple. The government (DEA, FDA, etc) argues that marijuana is not medicine because they say it is not medicine. The courts, though, have a different opinion on the matter. When it comes to how the Drug Enforcement Administration regulates drugs under the Controlled Substances Act the government’s job is to determine if a drug has accepted medical use. That means accepted by medical and scientific professionals, not accepted by the DEA.

When it comes to assessing whether or not marijuana has accepted medical use in the United States both DEA and the FDA have a legal obligation to assess whether it has been accepted by health care and medical professionals as well as to assess the scientific evidence recognized as valid by those professionals.

Which brings us back to the current review being conducted by HHS and FDA – the current review of the 2002 CFR rescheduling petition must consider all available scientific and medical evidence. They can’t rely on their flawed “past” evaluations to reject the evidence in the current petition and in the contemporary scientific record.

When the current review is complete HHS will return the rescheduling petition to DEA. The CSA authorizes DEA to collect any additional relevant information at that time. When DEA is finished adding what it wishes to the official record the agency’s decision will be published in the Federal Register and subjected to public comment. At that time people affected by the DEA’s decision can seek review of matters of fact by an administrative law judge or judicial review of matters of law by the U.S. Court of Appeals.

Meanwhile the review of marijuana’s medical use by the scientific staff at FDA continues, regardless of the pronouncements of the public affairs office and perhaps, even, in spite of it. Let’s not rush to judgment on the topic of the FDA and medical cannabis. We know what the political and public affairs staff of the agency thinks about the subject, but let’s wait and see what the scientists now evaluating the CFR petition have to say on the matter before making a final assessment about the FDA’s dedication to science and the public policy process.

Marijuana Production in the United States (2006): The Nation’s Largest Cash Crop

The most recent and compelling report on US marijuana production reveals that not only is cannabis now the largest cash crop in the United States but also that, according to US Government data, domestic marijuana cultivation has grown ten-fold over the last 25 years.

This new report on marijuana production was recently published in the Bulletin of Cannabis Reform and distributed to the national media by the Marijuana Policy Project. In 2006 domestic marijuana cultivation was worth $35.8 billion, more than corn and wheat combined. Over 56 million marijuana plants were cultivated outdoors with a value of $31.7 billion and 11.7 million plants were cultivated indoors at a value of $4.1 billion.

"The fact that marijuana is America's number one cash crop after more than three decades of governmental eradication efforts is the clearest illustration that our present marijuana laws are a complete failure," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. "America's marijuana crop is worth more than our nation's annual production of corn and wheat combined. And our nation's laws guarantee that 100 percent of the proceeds from marijuana sales go to unregulated criminals rather than to legitimate businesses that pay taxes to support schools, police and roads."

Legalization would change all that by transforming marijuana producers from criminals under current laws to responsible merchants operating under state and federal regulations. Perhaps of greater interest to marijuana users is that legalization would significantly lower the cost of marijuana to responsible adult users and eliminate much of the profit incentives that are responsible for the availability of marijuana to teenagers and younger children.

Since the NORML Foundation published the last report on domestic marijuana production in 1998 new evidence has surfaced that clearly establishes the magnitude of marijuana cultivation in the United States. Despite intensive eradication efforts over the last 25 years the federal government has recently acknowledged that domestic marijuana production has increased from 1,000 metric tons (2.2 million pounds) in 1981 to 10,000 metric tons (22 million pounds) in 2006.

The new crop report derives a price index from extensive data from the National Survey on Drug Use and Health to establish a price of $1,606 per pound at the producer level and utilizes modest yield estimates of 200 grams for outdoor plants and 100 grams for indoor plants (these figures are considerably lower than common police estimates of a pound per plant and values $2,000 to $4,000 per pound) establishing the overall value of $35.8 billion as both conservative and credible.

The top ten marijuana producing states are California, Tennessee, Kentucky, Hawaii, Washington, North Carolina, Florida, Alabama, West Virginia, and Oregon. Five states (California, Tennessee, Kentucky, Hawaii and Washington) had marijuana crops worth over $1 billion.)

Marijuana is now the top cash crop in 12 states, one of the top 3 cash crops in 30 states, and one of the top 5 cash crops in 39 states. Domestic cannabis is a larger cash crop than cotton in Alabama, larger than grapes, vegetables, and hay combined in California, larger than peanuts in Georgia, and larger than tobacco in both South Carolina and North Carolina. The Bulletin of Cannabis Reform’s special report also contains extensive tables of marijuana production and detailed comparisons of marijuana and other cash crops by state.

This new report argues that the government's failure to reduce the growth of marijuana leaves marijuana's legalization as the only reasonable option left for policymakers to control this untaxed and unregulated market. It’s time to debate the legalization of marijuana in the United States. Key elements of marijuana legalization policies should include federal and state excise taxes on production, distribution, and sales along with licensed market participation, age restrictions, and prohibitions on advertising and marketing to minors. Current regulatory models for tobacco and alcohol provide suitable examples upon which to base legislation to enact effective marijuana controls under federal and state laws. The ten-fold growth of production over the last 25 years and its proliferation to every part of the country demonstrate that marijuana has become a pervasive and ineradicable part of our national economy.

In addition to this report on marijuana production, the Bulletin of Cannabis Reform also includes the Drug Enforcement Administration's reports on marijuana eradication from 1982 through 1993, along with yearly tables of eradication statistics of both cultivated marijuana and ditchweed (wild hemp) from 1982 through 2005.

The federal government’s admission that marijuana cultivation has grown ten-fold over the last 25 years is a powerful argument in favor of marijuana’s legalization. It is tacit recognition that the eradication and prohibition efforts have not only failed to suppress marijuana production, but have actually transformed it into the largest cash crop in the United States. This in spite of, as the report details, being well funded, having tremendous local cooperation, sophisticated technology, the help of the National Guard, and authority to seize considerable assets. Even these advantages have not enabled the government to exercise control over marijuana cultivation in the United States. For example, a report by the Federal Research Service of the Library of Congress suggests that at best law enforcement seizes just 10% of the marijuana available in the country. Another indication of the futility of current policies is that marijuana cultivation has spread from just California and Hawaii in 1979 to every state in the nation.

Marijuana Production in the United States (2006) provides valuable information and arguments for advocates of marijuana’s legalization. It’s a must read for local activists, advocates for reform, and policymakers at the state and federal level. If you want to give your congressional representatives and US Senators a good reason to take a fresh look at marijuana’s legalization, this is the report you should bring to their attention. Look over the information provided in HIGH TIMES' 420 Campaign, use that information to contact your representatives in the US Congress, and encourage them to review this new report on marijuana production in the United States.

A Record Number of Americans Favoring Marijuana’s Legalization Provides Historic Opportunity to Build Majority Support

A majority of Americans do not support the legalization of marijuana, but survey data indicates that over the last twenty years support for legalization has been steadily growing.

The Sourcebook for Criminal Justice Statistics provides data on public attitudes about marijuana’s legalization in the form of summary tables from several national surveys. These tables provide detailed information regarding support for legalization by age, sex, education, income, region of the country and political affiliation; they provide solid proof of both the progress the marijuana reform movement has made in recent years as well as the challenge that remains for supporters of legalization.

For the first time in decades in 2005 a majority of Americans (55%) opposed criminal penalties for marijuana use, an increase from 46% in 1985 and 47% in 2000.

Support for marijuana’s legalization, as measured in 2005, stands at 36%, the highest ever. In 1969 only 12% of Americans favored legalization, by 1977 that had increased to 28%. In 1979 support for legalization fell to 25% where it more or less remained through 1995. But with an increase in marijuana arrests throughout the 1990s and the advent of medical marijuana reform in California in 1996 public opinion began to reflect the realization that prohibition just wasn’t worth the costs and as a result, support for legalization began to increase. By 2000 support for legalization had increased to 31%, for 2001 and 2003 support stood at 33%, and then reached a new record high at 36% in 2005.

Support for legalization fell steadily among college freshmen from 51.3% in 1977 to 16.7% in 1989, but since then legalization has steadily gained support from first year college students. By 1992 legalization was supported by 24.8% of college freshmen, by 1996 legalization support had increased to 32.4%. In 2005 marijuana’s legalization was supported by 37.7% of college freshmen.

A 2002 poll showed that support for legalization was stronger among males (38%) than females (30%) and among whites (36%) than blacks (24%). Legalization support is strongest among 19-20 year olds (59%) and decreases with age, with only 41% of people age 21 to 29 supporting it, 38% age 30 to 49, and 24% of those 50 and over.

Legalization support is strongest in the West (45%) and weakest in the South (27%), and, interestingly, more popular in the Midwest (38%) than in the Northeast (29%). Legalization also has more support from those whose religion is Jewish (60%) than Catholic (30%) and Protestants (26%). Politically, legalization has the greatest support from Independents at 39% compared to 34% of Democrats and 24% of Republicans.

The medical use of marijuana, though, has overwhelming support from all Americans. When asked in 2005 "Would you favor or oppose making marijuana legally available for doctors to prescribe in order to reduce pain and suffering?" 78% of Americans said they favored the legal use of marijuana for these medical reasons, an increase from 75% in 2003. In 2003 over 64% of every demographic group considered expressed support for medical use.

Recent reports on the failure of marijuana arrests and marijuana eradication efforts to reduce the use and availability of marijuana provide clear and convincing evidence that marijuana prohibition is a failing and costly policy. The failure of marijuana prohibition and changing public opinion provide additional justification for HIGH TIMES’ editorial position supporting marijuana’s legalization as the number one priority of reform efforts.

The long term trends in public opinion suggest that the next few years will provide a historic opportunity to build majority support for legalization, providing a chance to build support for legalization among both Democrats and Republicans in the Congress and among the emerging field of candidates in the 2008 presidential elections. For all these reasons and more now is the time to participate in HIGH TIMES’ 420 Campaign and embrace the 420 strategy for legalization. Learn who your state and federal legislators are, contact them now, on April 20th, and several times in the future and let them know of your support for marijuana’s legalization.

Support for legalization is growing, but in order for this growth to continue it is important for the public and for political leaders to learn more about the failures of prohibition and to frequently hear from supporters of legalization in every part of the country. One of the reasons the reform movement has been more successful in the last 10 years has been its diversity and its efforts to reach out to more of the country through different organizations and a broad range of activities and projects – all of which amplifies the central message that marijuana’s legalization is good for the country. Now is the time to take advantage of that progress and make your voice heard. The poll numbers indicate that it is still a challenge to build majority support for legalization, yet it is a challenge not only worth meeting, but one that the movement is well on its way to achieving.

Why Pot Remains Illegal

Marijuana cultivation, possession, and use remain illegal in the United States because the public wants it that way, and they will continue to support prohibition until advocates convince them to change.

Public opinion is changing, but it has not changed enough to cause politicians and legislators to make legalization occur.

Sure, there are lots of powerful arguments why legalization is in the public interest. Many of these arguments offer promising tools with which to persuade the public and political leaders to support marijuana’s legalization. They indicate that there are sufficient factors and conditions in the United States for marijuana to be legalized. The big question, though, is what conditions are necessary for legalization? The answer, obviously, is widespread public support.

Many marijuana users are reluctant to become politically active in support of legalization. Many more, though, are committed to political action and support reform efforts in a number of ways, including contacting legislators, participating in public debate, writing letters to the editors of newspapers, providing financial support to reform organizations, participating in political campaigns, writing articles, conducting research, and organizing local community action groups. Tens of thousands of marijuana users and supporters are politically and socially active across the United States and are responsible for tremendous progress in the marijuana reform issue over the last two decades.

But many marijuana users are still reluctant to become active in this national movement to bring about legalization. Some just don’t know how to get involved or just what they can do to help. All they need to do, though, is get involved in any of the various projects designed to increase public participation in support of marijuana reform, such as the HIGH TIMES 420 Campaign or the activities of NORML, MPP, or other public interest reform organizations.

Others who are not yet involved in the reform movement are still a bit afraid that political action will make them vulnerable to arrest and/or other forms of punishment. Indeed, one of the objectives of national policy about marijuana use is to threaten marijuana users with various sanctions and penalties in order to discourage both marijuana use and political participation. It’s no coincidence that the DEA’s website contains material against marijuana use and its legalization, and that drug testing for marijuana use is still promoted across the United States. However the marijuana reform movement is not only a political movement, it is a social movement that provides support and assistance for marijuana users throughout the country.

The overall campaign to suppress marijuana use can only be resisted through building and relying on a supportive community dedicated to reform, justice, and political change, and in this respect the marijuana reform movement is an example of active resistance to prohibition in every sense of the word. One of the goals of efforts to suppress marijuana use is to create isolation among users, the marijuana reform movement, a counterculture in name and deed, combats that isolation through community development.

Still, many marijuana users who are not active in reform activities hide behind a common excuse in one form or another. They argue that marijuana will never be legalized and therefore there is no point in fighting back. Some claim that the government makes too much money from prohibition and they will never allow change, others argue that the pharmaceutical companies will lose too much money from legalization. These are the worst kind of excuses for not being involved in reform activity because they represent a total surrender of freedom and an utter lack of faith in our democratic society. It doesn’t matter why marijuana is illegal, and there are certainly a lot of interesting theories on this subject. What matters is that the citizens of the United States have the power to make marijuana legal, no matter who may oppose this revolutionary change in our laws and society. The choice, for individual marijuana users and supporters of legalization, is simple: surrender to injustice, or fight for freedom!

Marijuana remains illegal because the public is, as yet, unconvinced that legalization is best for the public interest. Marijuana remains illegal because the supporters of legalization have failed, so far, to make legalization appeal to a majority of the public. It doesn’t matter how hard law enforcement works to oppose legalization, nor does it matter how hard the supporters of prohibition work to keep it in place. It doesn’t matter how much the opponents of marijuana’s legalization distort the scientific record or mislead the public, nor does it matter how much money various interests make by keeping marijuana illegal. All of these factors may be sufficient to keep marijuana illegal, but none of them make prohibition a necessity. The most important factor that will determine if marijuana is legal or not is how many people are willing to work socially, politically, and financially for legalization until it is achieved.

Increasing public involvement in reform efforts and convincing the public that legalization is in their interest is what is required to make marijuana’s legalization a political and economic necessity in the United States.

The 7 Skills You Need to Make Legalization Happen

If you want marijuana legalized, you’ll have to ask for it. Legalization is not something to wait for, nor is it something that will be delivered to you by a few public interest groups. If you want it, then you’ll have to do something about it. The path to marijuana’s legalization begins within your own life. What can you do to make legalization a reality? While the cause itself is complex the ultimate answer is fairly simple. Develop your own power as a citizen and as a voter. Here are seven important skills that will enhance your influence on the political system in this country.

These seven skills will increase your power as a voter. But before you even consider how to increase your power as a voter you have to first establish your status as a voter and a participant in our political system. Here is a guide to finding out who your legislators are and what legislative districts you live in. It includes links to every state legislator, access to maps of legislative districts, and links to look-up services to identify your legislators.

Every supporter of marijuana’s legalization needs to a) know which legislative districts they live in, b) register to vote, and c) vote regularly. Those three activities are the source of your power as a voter as they make you a "likely voter". In other words, those three simple activities make politicians, legislators, their staffs, and public opinion polls pay more attention to you and treat you with respect. Those activities are the source of power and influence for voters.

These seven skills will help you increase that power and use it to bring about the legalization of marijuana.

1) In your own words. It is the common practice of lobbying groups to provide supporters with sample letters to send to legislators. This is a convenient and effective practice, and it is standard procedure any time an important matter is before a legislature. Learn to write your own letters. It's not hard to learn the format, and there are plenty of opportunities to get helpful tips and to practice. These are simple skills to acquire and valuable in many other areas of life. Get some experience writing to your legislators on some routine matters, such as asking them about their priorities for the coming session. Every congressional representative is up for election every two years, so, for example, this next two months is a great time to contact them and find out where they stand on legalization and why.

2) Do what you do. You don't need to become the perfect citizen activist to contribute to the legalization of marijuana. We live in a diverse and complex society. Social and political change of this nature requires diverse contributions and activities to persuade these diverse networks to support legislative efforts to bring about marijuana's legalization. If you are a student then you can further legalization by studying the issue. If you are a graphic artist then you can further legalization by creating ads, posters, and other graphic tools that enhance communication and social understanding of this cause. If you work with new technologies then you can contribute to legalization by applying those technologies to efforts to reach and persuade different social groups to support legalization. Not only should you support legalization in your own words, you should support it in your own way. If you do what you do then your example will inspire your friends and colleagues in ways the rest of us can't even imagine.

3) Play against type. The stoner stereotype is just an excuse to ignore young people. Think about it. Even when it's applied to someone middle-aged the real accusation is that the 'aging hippie' never grew up. Adults get frustrated with teenagers and young adults from time to time, and when they go off on a little rant it's usually about how "kids" aren't focused, lack manners, wear strange clothes, use odd language, lack respect for their elders, have no ambition and are probably damaging their health with the latest fad. The stoner stereotype is just an exaggeration of these age-old complaints about the young. So another source of power is learning how to do things right and showing off that you know how to behave more effectively than many people twice your age. Young people are smart, creative, ethical, values-driven, and hard-working. Use those traits to your advantage.

4) Be the customer. We live in a consumer society where customers are treated, more often than not, with respect. Contrary to the popular saying the customer is not always right, but the vendor who doesn't listen to a customer is always wrong. Successful legislators understand this and constituent service such as answering questions and providing help with government agencies is a well-known key to re-election. Responding to customers is also a popular practice for many businesses. People enhance their power as consumers when they learn how to make effective complaints. Many of the procedures for complaining about service in everyday life are also effective for communicating with legislators. Think about the format of a successful complaint: here are the facts, here's why this was wrong or unacceptable, and here's the remedy I think is justified under the circumstances. It may be that your meal was late and you deserve a free desert, or that your car wasn't repaired and you deserve a free tow back to the garage. Remember that legislators are your representatives; it's their job and the job of their staffs to provide you with service. It's their job to treat you like a customer or client.

5) Stay positive. You don't advance the cause of legalization by focusing on all the reasons marijuana is illegal. Treating legalization like a lost cause guarantees that it will never take place. It's very easy to come up with a list of reasons why marijuana will never be legalized. But all that does is discourage people from focusing on why legalization will take place. Critical thinking is an important part of staying positive. The goal is to imagine feasible ways marijuana will become legal and then use critical thinking as part of the work required to make it happen. There are a lot of nasty realities woven into the tapestry of prohibition, but we have to transcend that with a positive vision of change to motivate the natural supporters of marijuana's legalization.

6) Develop memory. Make notes, keep records, build files. Maybe that's not you. Just keep the replies you receive via email or letter from any public official you contact. They become very helpful when you write them again in the future. For example, a legislator might argue that they oppose marijuana's legalization for a list of reasons. It is effective to refer and respond to that list of reasons in a reply of your own. It is also effective to remind legislators of their past positions and hold them to them. A legislator may defend his/her opposition to marijuana legalization because they are concerned about the threat of lung cancer. Recent research suggests that marijuana smokers have a low risk of lung cancer, providing an opportunity to respond to this concern and eliminate it as a hurdle to legalization. Developing support for legalization is as simple as making a list of reasons against it and refuting them one by one. Of course legislators don't always respond to individual arguments from constituents. That's why it' necessary to develop skills to make effective use of one's power as a voter. Over time legislators are influenced by contact from constituents, especially as they hear from more and more people, in their own words, advocating different approaches to stubborn issues. Developing memory helps make communication with legislators a productive discussion focused on reasonable disagreements over the issues.

7) Work the system. Would you rather let the system work you? You enhance the effectiveness of all of these skills by learning how the system works and using that knowledge to your advantage. There's no mystery to getting legislatures to change laws. It may be difficult to accomplish, but the process itself is plain to see and easy to understand. You don't need experts to tell you what to say, how to act, and how some plan is going to succeed. It's simple enough. We have a political and social system. We learn procedures and make them work for us everyday, whether we're ordering lunch, learning how to use new software, getting a drivers' license, or registering for a class. Changing laws has its own set of procedures. The more you understand them the more effective you will be at using your power as a voter. The starting point, though, is the set of three fundamentals introduced at the beginning of this article: you need to know which legislative districts you live in, register to vote, and vote regularly. The next step in working the system is to develop communication skills and use them to develop relationships with your legislators at both the state and national level.

These seven skills are vital to the success of efforts to legalize marijuana in the United States. These skills empower individuals to become an effective force for change through the use of their fundamental rights in our democratic system. Use these skills to become a strong independent and effective voice for marijuana's legalization in the United States. HIGH TIMES is always working on new ways to support the cause of marijuana’s legalization, and will continue and expand its efforts to help you use these skills to develop your power as a voter.

Lets make legalization a priority, now, for both the movement and the nation.

Marijuana Facts

1. Of the 200 million drug users, 163 million prefer cannabis.
2. In two thirds of all countries, cannabis production and use has increased over the past year.
   
3. The first and second drafts of the Declaration of Independence were written on hemp paper.
4. J.F Kennedy planned to legalise cannabis in his second term.
5. In 1941 Ford created a car fueled by cannabis.
6. Jimi Hendrix, Abbie Hoffman and the Yippies once mailed out 3000 joints to random New York addresses.
   
7. Elizabeth I ordered all landowners with over 60 acres to grow cannabis or face a £5 fine.
8. Paul McCartney spent 10 days in a Japanese prison for possession.
9. The Father of Chinese medicine (Shen Nung) calls it a 'superior' herb.
10. Mohammed permits cannabis use but forbids alcohol.