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Seeds of Deceit - Cannabis Regulation Through the Ages

Vik F.

Jan 144 min read

With every great reign comes controversy, and cannabis is no exception to the rule. Though her lore started with lots of mystery and curiosity, that wouldn’t remain the case. The quick fame brought on in the infancy of cannabis and its possibilities would be caught in the cross hairs of the United States Government. The history of this plant’s regulation may reflect broader issues within our society. Putting a spotlight on prejudice, political influences, and economic opportunity.

A business man in a cannabis grow room, observing the plants closely

Once a praised plant across the globe, the 20th century would usher in a new era for cannabis, adjusting the light in which people began to look at it. The Marijuana Tax Act of 1938 was brought in under the guise of regulating cannabis use, but effectively criminalized the plant for medical and recreational use across the country. Steeped in racism and xenophobia, the rhetoric used to push the legislation deeply impacted Mexican immigrants and Black Americans. With fear-mongering amplified by propaganda like Reefer Madness, depicting cannabis as a gateway to violence and insanity, the communities targeted still struggle with the prejudice and assumptions created by these tactics.

1970 brought along the Controlled Substance Act, escalating the federal government’s stance further. Cannabis was designated as a Schedule I drug, lumped in with the likes of heroin or GHB, it was stated that there was no accepted medical use with a high probability of abuse and addiction. This set the stage for the War on Drugs spearheaded by then-President Richard Nixon.

This policy disproportionately affected black and brown communities. Studies have shown that despite realistic usage rates, Black Americans are nearly four times more likely to be arrested and convicted of cannabis-related offenses than White Americans. High incarceration rates and systemic barriers targeted at black and brown communities became the norm for America, the effects of which are still felt even in today's society.

However, the 90s brought many cultural shifts throughout our entire population. New forms of media brought on new ways to call attention and create conversations around issues within our country. From new eras in grunge and rap music, to eye opening show casings of the human experience through TV and movies, people began asking hard hitting questions about why things were the way they were. Bringing cannabis back to the hearts and minds of new generations.

As narratives shifted around the plant once again, California took action with the Compassionate Use Act of 1996, legalizing the medicinal use of cannabis for patients with severe illnesses. Over the following decades, many other states began to legalize the medical use of this versatile flora, with some even legalizing recreational uses for adults!

Though federal legalization remains a contention point for many, by 2018 the Agriculture Improvement Act, or 2018 Farm Bill was passed, which legalized hemp and removed it from the DEA’s list of controlled substances. Now at this point, you may be asking yourself “so doesn’t that make all cannabis legal?”. The answer is no, as there are legal differences in the terminology. Hemp is any plant material or extracts that contain 0.3% THC or less, while cannabis contains anything higher in THC contents.

Federal regulation remained at a stand still until 2023 when the Department of Health and Human Services (DHHS) recommended the rescheduling of cannabis from Schedule I to Schedule II. The recommendation was applied to policy by May 21st of 2024, and to date, there are 24 states who have legalized adult recreational use of cannabis and 39 who have legalized its medical use. Even with this state by state movement, without federal legalization, issues for businesses and consumers to navigate will continue to arise with such conflicts in place.

One of the most pressing of those issues for modern cannabis regulation is addressing the harm caused to the communities directly affected by the legislation of our past administrations. States like Massachusetts and Oregon have implemented equity programs to uplift the black and brown communities disproportionately impacted by the War on Drugs, aiming to provide opportunities to participate in the cannabis industry. This ensures that the growth of this industry benefits its diverse population. Then, we must consider the some 10,000 prisoners still incarcerated for cannabis related offenses. States have enacted an array of expungement processes and qualifications, varying state by state, just like its legalization. In some states, you would qualify for immediate expungement, for some there are annulments or the sealing from public records. In any case, the legislation is a mess, and some individuals may continue to sit behind bars based upon the state they were convicted in and the regulations and policies available there.

As we continue to navigate the choppy waters of the cannabis industry, one thing that is undeniable about this plant is its economic impact. The industry is projected to contribute about $115 billion to the U.S. economy for the year of 2024, possibly making it something that our federal government may no longer be able to ignore.

States are increasingly relying on cannabis tax revenues to fund social and communal initiatives. For example, Oregon’s Measure 110 redirected cannabis tax dollars to treatment and recovery initiatives. This showcases cannabis’s potential to make impacts beyond our economy, creating room for social changes, with the potential to fund education, housing, and public safety causes within our communities. With all eyes on the industry and its potential, we see more and more need for federal legislation for this plant, only opening more doors for its positive impact on our society.

Regulations will continue to evolve as more of these issues come to light, but currently, they remain a patchwork of state and federal laws and restrictions. The future of this industry relies on the balancing of its economic growth and social justice. Legalization efforts today must address the past harms of cannabis prohibition while continuing to pave the way for innovation and growth in an inclusive, equitable way. Public admiration of our legend will continue to grow, creating a new chapter of cannabis regulation that promises to shape the industry and the communities who our Green Goddess serves.

Note: Wanna learn more about cannabis? We're going all in, from history to tastings, we're giving you unfettered access to all of the information on this sacred plant! Visit our other blogs on the topic:

Taking Root - The History of Cannabis

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