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The Criminal History Of Marijuana In Colorado | The Law Offices of Steven Rodemer

cannalegal by cannalegal
December 21, 2022
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Marijuana has been cultivated all through the throes of historical past, whether or not or not it’s legally or illegally. Most historical cultures didn’t develop the plant for its psychoactive properties, however for its medicinal qualities, seemingly starting round 500 BC in Asia. In the USA, hashish has been grown because the early colonists grew hemp for textiles and cord. When wanting on the legal historical past of marijuana in Colorado, we are going to begin 4 years earlier than prohibition was nationally enacted.

On January 1, 1916, the state of Colorado enacted the prohibition legislation. This might be 4 years earlier than prohibition was enacted nationwide. The next yr, in 1917, the Colorado state legislature handed a legislation that successfully outlawed the “planting, cultivating, harvesting, drying, curing, or preparation on the market or present of hashish Sativa”. This legislature learn:

“Any one that shall develop or use hashish Sativa (often known as hashish Indica, Indian hemp and marijuana) that he has grown shall be deemed guilty of a misdemeanor and on conviction shall be punished by a high-quality of not lower than ten nor a couple of hundred {dollars}, or by imprisonment within the county jail no more than thirty days, or by each such high-quality and imprisonment within the discretion of the courtroom.”

It’s vital to notice that earlier than this legislation was enacted, marijuana was simply obtainable. For many of America’s historical past, hashish was not solely authorized but additionally a wonderfully acceptable and accessible over-the-counter drug.

Victor Robinson Research Results Of Marijuana

In 1912, Victor Robinson printed a research of his findings on the results and makes use of of hasheesh, which is a type of hashish. His findings said that makes use of for marijuana embrace:

“In medicinal doses, Hashish is used as an aphrodisiac, for neuralgia, to quiet maniacs, for the treatment of continual alcoholism and morphine and chloral habits, for psychological despair, hysteria, softening of the mind, nervous vomiting, for distressing cough, for St. Vitus’ dance, and for the falling illness so efficiently simulated by Kipling’s Sleary — epileptic matches of a most appalling sort. It’s utilized in spasms of the bladder, in migraine, and when the dreaded Bacillus tetanus makes the muscle mass inflexible. It’s a uterine tonic, and a treatment within the complications and hemorrhages occurring on the last cessation of the menses. It has been pressed into the service of the illnesses that mankind has named in honor of Venus.”

Moreover, he notes that “recurring use of this drug entails penalties no much less mischievous

than are produced by alcohol and opium;” Robinson additionally makes a good level when his research factors out the truth that “an overdose has by no means produced demise in man or the decrease animals. Not one genuine case is on report by which Hashish or any of its preparations destroyed life.”

With all of this data being printed 5 years earlier than the enactment of the marijuana prohibition in Colorado, it’s onerous to see why the Colorado state legislature would desire a complete ban on the cultivation and distribution of hashish. So why did they?

Racism Sparks Change In How Marijuana Is Perceived

At first, the USA didn’t impose legal prohibitions towards hashish however reasonably positioned restrictions on the labeling and purity as it’s utilized in medication. In 1906, the Pure Meals and Drug Act was handed by Congress. This act required that sure medicine, together with marijuana, be labeled on bottles. That is primarily as a consequence of the truth that narcotics and stimulants have been extensively unregulated and located in nearly the whole lot. Medicine like opium, heroin, marijuana, and even cocaine have been bought in merchandise within the shops and pharmacies identical to aspirin and allergy medicines are at this time.

The Pure Meals and Drug Act aimed toward cracking down and creating guidelines and rules surrounding stimulants and narcotics as many physicians and pharmacists have been issuing substances corresponding to morphine, cocaine, and heroin for respectable therapeutic functions with out regulation. This led to many people discovering themselves hooked on the substances they might simply get their fingers on. Moreover, physicians and pharmacists have been making nice income by feeding the proliferation of unintended addicts.

In 1914, Congress handed the Harrison Act, which additionally didn’t federally prohibit marijuana. Slightly, the act merely required physicians, pharmacists, and anybody else who handled medicine to register with the federal government. The Harrison Act imposed penalties of as much as a $2000 high-quality, and/or imprisonment of as much as 5 years if people didn’t register with the USA authorities.

Earlier than the creation of the Harrison Act, tradition and attitudes towards medicine modified drastically. Now not have been addicts seen as sympathetic harmless victims, however extra like lazy freeloaders. Right now, the Mexican Revolution (1910-1920) induced a surge of immigrants alongside the USA’ southern borders. Moreover, Chinese language and Indian immigrants have been arriving on the west coast similtaneously effectively. Because of disdain for immigrants, many Chinese language, Indian, and Mexican immigrants have been related to dope fiends and degenerate pleasure seekers. The truth is, many Texas cops claimed that “marijuana incited violent crimes, aroused a lust for blood, and gave its customers superhuman power” in response to Erik Schlosser who wrote for the Atlantic in 1994. This resulted in rumors spreading throughout the nation like wildfire. Some rumors even claimed that Mexicans and different immigrants have been distributing “killer weed” to unsuspecting schoolchildren, which was by no means the case.

Colorado Outlaws Distribution Of Marijuana

As beforehand said, the prohibition of marijuana was enacted in 1917, which made the use and cultivation of hashish a misdemeanor. In 1929, the Colorado state legislature enacted a legislation that made a second offense of the sale, possession, and distribution of marijuana a felony and adopted by penalties of between 1 and 5 years in jail.

In 1937, the Marihuana Tax Act was applied nationally. At this level, the Denver Police Division and the Federal Bureau of Narcotics arrested Moses Baca and Samuel Caldwell for the distribution of marijuana. The arrest and conviction of Baca and Caldwell signified the primary marijuana convictions below US federal legislation for avoiding the fee of marijuana tax.

In 1975, a quick wave of decriminalization swept the nation, which resulted in Colorado finally decriminalizing the possession of marijuana of as much as one ounce. This meant {that a} petty hashish offense was solely punishable by a high-quality of $100. In 2010, the quantity was elevated to 2 ounces, and the utmost high-quality stayed at $100.

In 2012, marijuana was voted into legality by the residents of Colorado. As of at this time, marijuana is authorized for consumption in people over 21 years of age, and there’s a restrict to how a lot a person should buy at one time.



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