The Marihuana Tax Act of 1937
Now, first again, does everybody see the date, 1937? You may have thought that we have had a national marijuana prohibition for a very long time. Frankly, we haven't.
The marijuana prohibition is part and parcel of that era which is now being rejected rather generally -- the New Deal era in Washington in the late 30s.
Number two, you know, don't you, that whenever Congress is going to pass a law, they hold hearings. And you have seen these hearings. The hearings can be extremely voluminous, they go on and on, they have days and days of hearings. Well, may I say, that the hearings on the national marijuana prohibition were very brief indeed. The hearings on the national marijuana prohibition lasted one hour, on each of two mornings and since the hearings were so brief I can tell you almost exactly what was said to support the national marijuana prohibition.
Now, in doing this one at the FBI Academy, I didn't tell them this story, but I am going to tell you this story. You want to know how brief the hearings were on the national marijuana prohibition?
When we asked at the Library of Congress for a copy of the hearings, to the shock of the Library of Congress, none could be found. We went "What?" It took them four months to finally honor our request because -- are you ready for this? -- the hearings were so brief that the volume had slid down inside the side shelf of the bookcase and was so thin it had slid right down to the bottom inside the bookshelf. That's how brief they were. Are you ready for this? They had to break the bookshelf open because it had slid down inside.
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So, over the objection of the American Medical Association, the bill passed out of committee and on to the floor of Congress. Now, some of you may think that the debate on the floor of Congress was more extensive on the marijuana prohibition. It wasn't. It lasted one minute and thirty-two seconds by my count and, as such, I will give it to you verbatim.
The entire debate on the national marijuana prohibition was as follows -- and, by the way, if you had grown up in Washington, DC as I had you would appreciate this date. Are you ready? The bill was brought on to the floor of the House of Representatives -- there never was any Senate debate on it not one word -- 5:45 Friday afternoon, August 20. Now, in pre-air-conditioning Washington, who was on the floor of the House? Who was on the floor of the House? Not very many people.
Speaker Sam Rayburn called for the bill to be passed on "tellers". Does everyone know "tellers"? Did you know that for the vast bulk of legislation in this country, there is not a recorded vote. It is simply, more people walk past this point than walk past that point and it passes -- it's called "tellers". They were getting ready to pass this thing on tellers without discussion and without a recorded vote when one of the few Republicans left in Congress, a guy from upstate New York, stood up and asked two questions, which constituted the entire debate on the national marijuana prohibition.
"Mr. Speaker, what is this bill about?"
To which Speaker Rayburn replied, "I don't know. It has something to do with a thing called marihuana. I think it's a narcotic of some kind."
Undaunted, the guy from Upstate New York asked a second question, which was as important to the Republicans as it was unimportant to the Democrats. "Mr. Speaker, does the American Medical Association support this bill?"
In one of the most remarkable things I have ever found in any research, a guy who was on the committee, and who later went on to become a Supreme Court Justice, stood up and -- do you remember? The AMA guy was named William C. Woodward -- a member of the committee who had supported the bill leaped to his feet and he said, "Their Doctor Wentworth came down here. They support this bill 100 percent." It wasn't true, but it was good enough for the Republicans. They sat down and the bill passed on tellers, without a recorded vote.
In the Senate there never was any debate or a recorded vote, and the bill went to President Roosevelt's desk and he signed it and we had the national marijuana prohibition.
Excerpt from:
http://www.druglibrary.org/schaffer/History/whiteb1.htm">The History of the Non-Medical Use of Drugs in the United States, by Charles Whitebread, Professor of Law, USC Law School. A Speech to the California Judges Association 1995 annual conference.