Facts on Banning Marijuana

Marijuana is the third most popular recreational drug in the United States after alcohol and tobacco and has been used by 100 million people. Possession, cultivation and sale of marijuana is illegal under federal law.

The Marihuana Tax Act

Marijuana was unregulated until the passage of the Marihuana Tax Act of 1937. This act imposed light yearly taxes on the importation, manufacture, sale and possession of marijuana. Punishments for violations of this law included a fine up to $2,000, five years in prison or both.

Controlled Substances Act

First enacted in 1970, the Controlled Substances Act organizes drugs into five schedules based on their medical acceptability and potential for abuse. Marijuana is classified as a Schedule I substance with a high potential for abuse and no acceptable medical use.

Judge Francis Young Reccomedation

In 1988, citing marijuana's safety, Judge Francis Young, a Drug Enforcement Agency, or DEA, administrative law judge, recommended reclassifying it as Schedule II which would allow its use under a doctor's supervision. The head of the DEA rejected this recommendation and it remains Schedule I.

Penalties

State regulations vary widely. In California possession of up to an oz. of marijuana is an infraction punishable by a maximum fine of $100. In Florida, possession of about 3/4 oz. is a misdemeanor punishable by a year in prison and a $1,000 fine.

References

• NORML: About Marijuana
• Schaffer Library of Drug Policy: The Marihuana Tax Act of 1937
• "Encyclopedia of Drugs, Alcohol and Adddictive Behavior"; Controlled Substances Act of 1970
• "Encyclopedia of Drugs Alcohol and Addictive Behavior"; Scheduled Drugs/Drug Schedules; 2001
• "50 Things You're Not Supposed to Know"; Russ Kick; 2004
• Erowid: Cannabis Legal Status

Resources

• NORML: Florida Marijuana Penalties
• NORML: Active State Medical Marijuana Programs