Correcting popular misconceptions about the origins of the Marihuana Tax Act of 1937.

Abstract

This paper critically analyses mistaken popular beliefs about the origins of the Marihuana Tax Act of 1937 (MTA), the beginning of federal marijuana prohibition in the USA. Common misconceptions are still in circulation that portray the MTA as largely the work of first US Commissioner of Narcotics, Harry J Anslinger. He supposedly used improper means to secure its passage into law, including endorsing the exploitation film Reefer Madness, so he could impose his moral views about drug users on society, build a bureaucratic empire, oppress Mexican marijuana users and suppress industrial hemp production to protect the economic interests of nylon manufacturer DuPont. In fact, Anslinger played a far less central role in the MTA's passage than that portrayed in popular histories. He initially opposed federal marijuana prohibition for practical reasons before apparently responding to pressure from state officials and orders from his superiors to change his position. In making pro-MTA claims that marijuana use caused madness and violence, Anslinger echoed medical and legal opinion in the USA that, in turn, reflected beliefs that led Mexico to prohibit marijuana use 17 years before the USA. The producer of Reefer Madness approached Anslinger for endorsement in May 1938, after the MTA passed. Anslinger refused to endorse the film and tried to supress showings after its release in 1939. The MTA did not ban the production of hemp for fibre. These misconceptions have proven remarkably persistent because they fit well with the policy commitments of those who write popular histories of cannabis prohibition.