Colorado and the Criminalization of Marijuana 1917-1937 History Seminar Professor Chris Agee Fall 20132 “The use of marijuana came into the state with the Mexicans migrating here for agricultural work. It’s use is growing because of the increasing number of Mexicans... Val Higgins Denver City Chaplain, Rocky Mountain News March 27, 1929 Introduction The purpose of this paper is to review the history of marijuana regulation in Colorado from 1917 to 1937, its roots and its influence on national policy. Marijuana had been used for more than 4000 years when seemingly out of nowhere it became the target of a deceitful smear campaign. A rise of Mexican immigrants created a tension politicians capitalized on to criminalize cannabis. The Colorado State Legislature and the Federal Narcotics Bureau initially opposed one another on the issue of jurisdiction. State and local officials sought national assistance for regulation. The Narcotics Bureau refused to intervene pushing responsibility back on local officials, When the eighteenth amendment to the Constitution was reversed, and alcohol prohibition ended, the bureau changed their stance. They only began fervently working to take control of cannabis regulation after their budget had dropped by 90%. They garnered support by publishing disparaging articles in the Denver Post and the Rocky Mountain News. They blamed state and local officials for failing to control this expanding menace. They also used the growing racial tensions to rally support for federal intervention. In many of the articles they made outlandish claims directed at Mexican immigrants. Mass addiction, insanity, hundreds of rapes, and murderous rampages, were reported to be induced by marijuana. The American Medical Association and the Public Health Administration opposed criminalization, testifying to Congress that none of these claims were valid. A review of police records indicates that |1amended Bil Hits Trafic in Marijuana State Senate making Second Offense Sale Felony" Rocky Mountain News , March 27, 1929.the increase in criminal activity was also a fabrication. State and local officials went after marijuana as a reaction to dramatic increases in Mexican migrant workers who were well known recreational users. The Narcotics Bureau was in need of something to prohibit to justify their continued existence. Only when it served the institutional interests of money and power did criminalization take hold. Kathleen J. Frydl's The Drug Wars in America, 1940-1973 tells a similar story of misrepresentation, corruption, and lies. She states that the Narcotics Bureau completely ignored the science and began a crusade based in "moralistic and hysterical rhetoric’. She touches on the conflict between state agencies and the bureau, however she pleads the case that local officials were disinterested in regulating marijuana. She quotes retired chief of police August Vollmer, author of "The Police in Modern Society" in 1938. He wrote that narcotics laws, and prosecution of addicts and dealers are "useless and extraordinarily expensive”. Taking his own moral stance Vollmer claims that the bureau is “unjustifiably and unbelievably cruel toward drug victims." He goes directly against the head of the Federal Narcotics Bureau Harry Anslinger’s suggestion that enforcement will curb use and crime; "drug addiction is not a police problem....and can never be solved by policemen." Colorado officials did not have the same opinion as Mr. Vollmer and actively pursued regulations twenty years before the Narcotics Bureau became interested in marijuana. Her analysis does not mention Colorado's role, Anti-Mexican sentiment, or early attempts by State and Local officials to criminalize cannabis.? Professor of History at the University of Cincinnati, Issac Campos, wrote Home ‘2 The Drua Wars in America, 1840-1973 Kathleen J. Frvd! Cambridge University Press. N.Y. 2019 oa 35Grown: Marijuana and the Origins of Mexico's War on Drugs. In this review he traces cannabis regulation to Mexico. His work details the reefer madness that began there seventeen years before it came to America. Recreational use was not widespread in the U.S. but it was very prevalent in Mexico. The term marijuana originated there and was used to describe cannabis use outside of medicinally prescribed tinctures. He writes of the connection fo Pancho Villa and the Mexican Revolution, showcasing both sides of this debate. He recognizes scholars who accept, and those who dismiss, the claim that marijuana prohibition in 1920 was linked to this uprising. This work highlights the role Mexico and her citizens played in criminalization but it does not deive into the Colorado connection.’ This paper reviews more than thirty pieces of local and national primary source documents regarding marijuana prohibition from 1917-1937. An analysis of newspaper and magazine accounts, legislative records, and congressional hearing testimony, reveals the methods and motives behind cannabis criminalization and its Colorado connection. This is extraordinarily relevant as history was once again made in 2012 when Colorado became the first state to end the seventy-five year long prohibition on marijuana. Brief History of Marijuana Cannabis was a widely used and respected plant for thousands of years until the 20" century. Marijuana criminatization was not an effort to protect citizens from a deadly narcotic. There was no scientific evidence to support this movement. In fact, there is a well documented history of environmental and medicinal benefits that exists 3Home Geran: Mariana and the Orion of Maxis War on iains: Mariniana iv sane Camonecountering the claims of prohibitionists. The first description of cannabis use for medical purposes dates back to the Emperor Shen Neng of China in 2737 BC, in his pharmacological book Materia Medica prescribed it in the form of a tea to combat a number of ailments.‘ From 1850 to 1942 the United States Pharmacopeia, an annual publication that sets federally recognized standards of quality, listed Exeractum Cannabis as a primary medicine. In it they describe its benefits; “The complaints in which it has been specially recommended are neuralgia, gout, theumatism, tetanus, hydrophobia, epidemic cholera, convulsions, chorea, hysteria, mental depression, delirium tremens, insanity, and uterine hemorrhage.”* Prominent physicians throughout the world had prescribed marijuana regularly. In 1891, Professor of Medicine at Queen's College in London published a piece in the British Medical Journal on the positive effects of cannabis on migraines, epilepsy, depression, painful menstruation, and as an anodyne and hypnotic.’ Marijuana was a well respected, effective, medicinal herb used around the world, There is a third form of the Cannabis plant, Apocynum Cannabinum L., also known as Hemp.” “Hemp is one of the oldest sources of textile fiber, with extant remains of hempen cloth trailing back 6 millennia.”* Its use has been documented in America as early as Jamestown in the 1700's.* The plant was a primary crop and early settlers required its “4 ang, S0u-H0ng, The Dive Farmers Maria Mat: A Trl the She Nong eo Coo rg, Ber le Pep ress, 208 Ino arson. comiy0836 85951 ef est on. 5 he Pharmacopeia ofthe Unied Stes of America: The United States phormacopeo.Philadephic: The Board of Trasees, 1916. inpitivwn amazon. com‘dp0996 85061 /ref=rdret mb accessed) 6 Matison 418. (1891) Cannabis indica as an anodyne and hypnotic. St Louls Medico! Surgical Journal 6: 265. Gowaniariy.com’ss pd) mall, €. and D. Marcus. 2002. Hemp: A now crop with new uses for Norh America. p. 284-826. ni: J. Janick and A. Whipkey (eds), ‘Tends ln new crops aad new uses. ASHS Press, Alexandria, VA. ti hott pursue edulnewerop/ncru02)v5-284 hier (accessed), 8 tos 9 1 rn Faye ne Son Cr Pr Fe ati San ig Mey 5.212 ewes beans6 cultivation.” George Washington wrote a letter to William Pierce in October 1794 where he ‘speaks of growing hemp at Mt. Vernon."' In addition, Thomas Jefferson cultivated hemp as did James Madison.” The plant continued to be a major crop throughout the United States until it was made illegal in 1937. Recognizing hemp's value the U.S. unprecedentedly changed their stance during WWII. The U.S. Department of Agriculture created a movie in 1942 titled “Hemp for Victory” urging farmers to cultivate the crop to ensure victory against the Nazis."* Marijuana changed from a necessary and respected plant used for medicine and agriculture to a forbidden narcotic. Social, political, and economic factors, drove state and federal organizations to engage in a fear based smear campaign against cannabis. The effects of cannabis use Laws criminalizing marijuana were passed based on the recommendation of ‘government officials and religious leaders claiming widespread addiction, insanity, and criminal activity associated with cannabis. The records reveal a very different story, one that completely contradicts the reports of government officials and respected journalistic institutions. Henry Whitehead published a book through the Colorado Historical Society tracing 10 Montana Legislature, "Cannabis History" Last modified June 10, 2013 Intp:teg mt govlcantent\Comrittees/nterinv2009_ 20 0/Chidren_FamilyEmorging tssuoimenga-presentation-cannabis-history- 2492010 pal, 111 University 0 Viginia Library Digital Curaton Sances, ‘Writings of Washington, Vol. 33: “To WILLIAM PEARCE.” Accessed October 26, 2013. htpfetext virginia. ocuotconvotawwrw washington? ‘Spocile=/oxislongishiwashinglon/itzpatickisearchigw.c2w&act~surround&ofiset=417309158iag-Wtlnge of Weshington Vol 93:°To WILLIAM PEARCESquery=hempsid=gw330222 12 Monticello and the University of Vigna, “The Jeflerson Monticello Hem.” isetoxt viegnia.edulecbinol2wum-washinglo specfle=fexislongishiwashinglonfitzpatickisearch/gn.o2wBact=surround&cffset=41730915AtageWngs of Washington, Val, 32: “To WILLIAM PEARCESqueryshempaid=gw230222, 13 *Hemp For Victory" Recorded 1942. United States Deparment of Agriculture. compact dlc itp:wiww youtube. comwatch? veMWIEDAN Csdrug use and crime in Colorado from 1889 to 1949. In it he reviewed the police and hospital records associated with narcotic use in Colorado. Denver had an average of 50 drug arrests a year compared to more than 3,000 for alcohol related crimes between 1930 and 1935.'* The mass corruption of youth also appears to be a fallacy. Only eight individuals under the age of twenty were arrested for drug charges in 1930, and a total of eleven more were arrested in the following five years.'* One of the main assertions of prohibitionist was that marijuana induced insanity. The Rocky Mountain News published two articles, one in September and one in December of 1931. In these pieces they cite Denver's Manager of Safety, Carl S. Milliken who claimed not only was marijuana increasing crime but that it induced “murder and insanity." According to Whiteside’s review of the Colorado Insane Asylum and the Colorado Psychopathetic Hospital records, no proof exists to justify these claims, From 1929 to 1935, The Colorado Insane Asylum had zero patients admitted for marijuana; during the same time period the Colorado Psychopathetic Hospital in Denver had one Patient admitted for marijuana addiction.” In a bulletin from the University of Colorado's ‘School of Medicine, the head of the Hospital states his concems are “{tJhe alarming incidence of addiction and fatality related to licit, “save” sedatives-barbiturates and bromides...""* During this same timeframe, twenty-three patients in the Colorado Psychopathetic Hospital died of alcohol and opiate overdose." Officials ignored 14 Honry Whiteside, Menace in The West Colorado and te American Experience with Drugs 1873-1963, (Colorado: Colorado Historical Society, 1997), pg 64 15 hid pg 6485, 16 Rocky Mountain News, September 27, 1931; December 27, 1931, 17 wnitesite, pg 6485 18 tid pg 64 19 ia pa 658 physicians who were concerned with legal drugs that were causing addiction, insanity and death. They chose instead to perpetuate fear and lies against marijuana and its users. Dr. William C. Woodward, Chief Counsel for The American Medical Association testified in Congress May 4" and May 7" 1937 speaking out against the arguments presented by prohibitionists. He countered the claim of addiction, “There is no evidence, however, that the medicinal use of these drugs has caused or is causing cannabis addiction.” He goes as far as questioning the motives and methods of supporters of criminalization stating no “competent primary evidence” has been submitted to the committee. He also speaks of the Public Health Service Division of Mental Hygiene report where they indicate they have no record of any cannabis addicts ever being committed to an asylum.”” According to the World Health Organizations report in 1997 on the effects of cannabis use there exists no records of anyone anywhere in the world ever overdosing on marijuana. In their report they state, “There are no confirmed cases of human deaths from cannabis poisoning in the world medical literature.’’" The narcotics bureau, state and local officials, prohibitionists, and journalists, claimed marijuana induced a state of insanity. That it drove users to commit murderous rampages and violent rapes, ultimately ending in death. These claims are utterly and completely unfounded. Sugar Beets and Marijuana 1917-1930 The desire to regulate marijuana originated in the Colorado State House of 20 The Scnatfer Library of Drug Policy, Tavaton of Marana, Transcripts of Congressional Hearings: House Representatives, Committee on Ways and Means, Washington 0.C. Statomont of Dr. Willan C. Woodward Legiiatve Counsel, Ametican Medica Association, May 4 1937; May 7 1837. nip hwnw:drugitorary.ofgfschaferinompitaactwoodward.him 2 1Mel, Wayne. “A Comparative Appraisal ofthe Health and Psychological Censequences of Alcohol, Cannabis, Ncotine and Opiate Use manuscript, World Health Orgenizaton, National Drug and Alcohol Research Cantre, University of New South Wales, 1995, ‘Schaffer Run | iheary httrrikwuaw drvaliheary aralachafiertvemninaneraltiherievter bienRepresentatives, and was motivated by social change, not by the negative effects of cannabis. increased populations of Mexican migrant farm workers, specifically sugar beet laborers, was the catalyst that brought about initial attempts to regulate. Colorado was a major producer of sugar beets in the early twentieth century with close to 25% of the U.S. production coming out of the northern region of the state.”* According to the Cambridge World History of Food, sugar beets surpassed sugar cane at the beginning of the twentieth century with more than 50% of the worlds production coming from Europe.” World War | brought an increased demand for wheat and sugar beets, as production in Europe had come to a near stand stil, The United States Department of Agriculture reports show production increased by more than 900,000 tons during this time period.* Available labor from American men decreased because of the war effort. More than four million, of the eight million men ages 21-31, served in WWI.” With half of the male work force involved in the war effort migrant workers poured in to Colorado to make up for the shortage. In 1910 there were 3,300 Mexican migrant workers living in Colorado, by 1920 there were more than 14,000.” ‘The Mexican Revolution from 1910 to 1920 also influenced migration patterns in Colorado. Many came to escape the dictatorship rule of Profirio Diaz and the horrors of 22 United States Deparment of Agrcuture, Natonal Agricultural Stas Service, Colorado Agra States, Colorado, 2011. 4. tout nass usta govSasics by StatrCao Stasi! Deparment of Aacuture, National Agila Statistics Service Ctop Production Historical Track Rs Wshnaton, 0.6. 2019.pa 171 hitp/hwww ress uede.aow/PubicatonaTodave. Reportlepodscrot 23 Kiple, , and K Ornelas. The Cambridge World sor of Food. Camexidge: Cambridge Univerty Press, hp: cambidge oc! bookshepltsugar tim (accessed) 24 Unie, gcartment of Aarculture, Natonal Aarculural Stastcs Service, |SSN:2157-8090, Washington, D.C. 2015. 99 171 htpsivm.nass usda gouPubications 25 Leland, Anno, and MariJana “M-" Oboroceanu. Congressional Research Service, “American War and Miltary Options Casals: Lsis and Statistic" Last modiied February 26, 2010. ht fasrgisqplersinatsec/RL32402 pdt, United States, Bureau of the ‘Consus, July 1, 1917 Resident Popuiation—Estimates by Age, Sex, and Race. hip:/wa census gow/popestidatahatonalasihipre- 1980MabieGPE-11-1917 pat 26 united States, Bureau ofthe Census , 1910: population ‘Foreign white stock of Mexican origin” pg 922, United States, Bureau ofthe ‘Gonaun, 1920: nonulation “Forelan white stock Mexican odoin on 22010 the war. Pancho Villa was a leader in the revolution and his followers were avid users of cannabis. In “La Cucaracha” the Mexican revolutionaries battle hymn, they sing of a soldier who can not walk anymore because he is out of marijuana. “La cucaracha, la cucaracha Yano puede caminar Porque no tiene, porque no tiene Marihuana que fumar.”” Villa attacked Columbus, New Mexico in 1916 and this aggression led to U.S. Army General Pershing chasing him across the Southwest for a year.” Lance Christenson, the microarchivist at the Colorado State Archives, believes the state's attempts at regulation were an effort to contro! and punish the lower class for their uprising.”” When Villa attacked and murdered Americans a surge in Ant-Mexican sentiment rippled across the country. Recreational marijuana use was associated with Mexican migrant workers and was targeted for criminalization by the counties most heavily impacted by the increase in this population. State Representative Andres Lucero of Las Animas county was the first to attempt to criminalize marijuana.” Las Animas was considered a Spanish county, as the majority of its residents were Spanish-Speaking Mexican decedents or Mexican migrant farm 27 La Cucaracha, “rics Tronslate.” Last modified June 07, 2010, Acessed November 10, 2013, hap:/priestranslatecomfena-cucaracho- cockroach hem. 28 Natonal Archives, Records ofthe Office of War War Department Annual Report, 1916, pp. 7-8. hitpilaww archives.goviresearchy {uide fod-recoresigroupa!t07.him 29 Homer Kyle. "Mariana criminalized in Colorado 95 years apo today: Unhappy anniversary.” The Wesord og (blog), march 30, 2012. h:blogswestword contest word 201273/neriuano. criminalize. colorwdo_5ih_anniversary.php (accessed 30 secretary of Sate James R. Nolen, . Laws passed a the session ofthe Generel Assembly ofthe Soe of Colorado, Deve: The Brock Hafner ress, 1917, letp/ boos. google con/books?id-IktAAAAIAA J8pg =PAL20¢Ipg~PAT2Aq=Colrado sesion lat 1917 ‘canabistsource=bigrts=PrT go MQZD Ei AJEIIZVEZVIMN2ubEglggs&h~anksa-Xei-FGSUeTPRSHgGQlYDwOwSived=0COQS1" workers *" Colorado State House passed Lucero's Bill 263 on March 30” 1917, twenty years before federal legislation, criminalizing both growing and using cannabis for recreational purposes.” The Bill was written to attach the Harrison Act, federal legislation regulating opium and cocaine.“ The law was initially separated into two measures. The first bill made cultivation of Cannabis Sativa illegal. The second bill prohibited the sale and transportation of Cannabis Indica as well as chloral hydrate. The State Legislature had written this law to piggy back off the Federal Harrison Act which made no mention of cannabis. When the legislature reconvened in the Spring of 1918 the bill was overturned. There had existed little to no support for marijuana prohibition in Colorado at the time of Lucero's bill. There are no government or media accounts of public outcry for this movement. This appears to be motivated by state officials looking to contro! the expanding minority population, The 1920's brought a period of economic growth and dramatic social changes. The eighteenth amendment of the Constitution prohibited alcohol consumption, creating a vast network of criminal bootleggers. The Federal Government was busy trying to contain this criminal enterprise and continued to leave marijuana enforcement and legislation to 31 United States, Bureau ofthe Census "Mth census of population 1920 Colorado Vol. 25 Las Ani 1920. hups:/archive.ory/stream/L4theensusofpopul67uni¢ 32 secrary of State James R, Noland. Laws passed atthe session ofthe General Assembly of the State of Colorado, Denver: The Brock: Haer ‘Press, 1917, hips/toaks google com books? disk4AAAAIAA lpg =PAL2081pg=PAI20&dq Colorado session laws 1917 ‘cannbistsource=bidkos=PrTUAMQZDRsiy~AJEIZ-VEZVAMMNNqZbtgltigih=enkesd Xe!“ YO6UeYPKSHygCqlVDwCw8eved-“OCOAQS AEWAA 133 Schafer Library of Brug Polcy. "The Hartson Narcotics Act (1914) Pubic Law No. 223, 63rd Cong.” Last madfied Decomber 17, 1814. itp? drughbary orlschalferisoxyle1910/hamsonact hm. 34 Socrotay of Stato James R. Noland, . Laws passed a the session ofthe General Assembly ofthe State of Colorado, Denver: The Brock- afer Pres, 1917 35 Whiteside nn AB * Last modified12 individual states. This new moral stance against intoxicants shined a spotlight on drug use around the country and Colorado was no exception, Following a 1922 Federal Grand Jury report calling the drug traffic in Denver “appalling’, The Denver Times ran a front page article of their assessment which they captioned Drug Sold To Denver High School Pupils. According to the article the report charged that immigrants were wholly responsible for this epidemic and they “recommend(ed) deportation of all aliens who peddle narcotics”. In addition, the author stated that dealers were targeting East Denver High School Students because they become long term addicts. Six young women between the ages of seventeen and nineteen were discovered addicted to drugs. The report suggested that State agents were doing their best but had their hands tied because they did not have automobiles and the dealers did. There were forty-five individuals indited on drug charges whose names appeared in this article. Of those arrested, three were “negroes” and the rest were white. This is fascinating as the report blames Mexican migrants yet when they listed the criminals none of them were Mexican. * Wishing to distance themselves from any association of failure, the acting Federal Narcotics Agent-in Charge, H.B. Westover, released a statement through the Denver Times. The report from December 1923 was captioned Dope’ Traffic Sharply Suppressed in Colorado-Consumption of Habit-Forming Drugs Less by 65 Per Cent in the Last 12 Months Owing to Activities of Federal Agents and Court. According to the narcotics bureau, consumption of drugs had dropped by sixty-five percent and the reports of child use were “utterly false...” 36 “Drug Sold To Derwer High Schoo! Pupils’: Denver Times, Apil27 1922 3 ‘Dope! Tae Stal Supresee in Colao Corson of Habt Foming rugs Lossy 6 Por Cont inte Last 12 Mons Owing to atc13 He concluded by stating, “Colorado is so free from dope it can be said that there is no state with better conditions..." Two years later Westover released another report through the Denver Times in which he restated the success of the legislation and the agency. He claimed that, “the dope fein has almost entirely disappeared from Denver." As far as the Federal Narcotics Bureau was concerned drugs were no longer a problem in Colorado, The 1920's saw an even greater increase in sugar beet production, growing by more than 3 million tons from 1919-1930. “° This meant more migrant workers moved into the state. The forces of migration were both push and pull, Many came looking for work white others were being shipped in by major farming and manufacturing companies. According to the Mexican American Cultural History, a thesis written by Barbara Hawthorne for the Fort Collins Museum of Discovery and the Poudre River Public Libraries, The Great Western Sugar Company shipped in 10,500 Mexican laborers in 1924. They also encouraged permanent settlement by providing loans to build homes near the factory.’ This pattem is seen across the U.S. The census shows the Latin ‘American born population grew from 137,000 to nearly 800,000 from 1900-1930.” Nativism became more prevalent with this increase in foreigners. The State had not addressed the issue of marijuana regulation since the repeal of the Lucero Ammendment. In 1927, two State House Representatives from Pueblo 38 ‘Dopo’ Traffic Snarly Suppressod in Colorado- Consumption of Habit Forming Drugs Loss by 65 Per Contin tho Last 12 Moris (Owing o Activites of Federal Agents and Cour.”. Denver Times, December 30,1923, 39 Whiteside pg 50. 40 United States Department of Aaicutue, National Agric Proslucton Historica! Track Record 'SSN.2157.8000, Washington, D.C. 2013. pq 171 inte-Juraw nase veda gov/Pubicatione/Todays Regorsrepcrsieronir!3. pat 411 Hawtome, Bil. Fort Colin History Connection, "Mexican American Cultural History" Last modified 2012. hitp:history cg. comlarchiveethnicimexican php. 42 United States, Bureau ofthe Census ,, “Table 2. Region of Bit of he Forlgn-Bom Population: 1860 to 1890 and 1960 to 1960 {nad mediiied (080) Wierthannal penvain anadaneedainahaunehiteshriedi deel inid> hin! istics Senvoe,14 Proposed a new bill to make growing, selling, or giving away Cannabis a misdemeanor."® They blamed marijuana use on Mexicans who were targeting the youth. The Denver Post published an article in February 1927 in which they quoted George Collins, the city manager of Health and Charity, speaking about the bill. In it he states that marijuana was “[ulsed exclusively by Mexicans.”, and “many Pueblo high school students are already marijuana addicts...“ At this time the population of Peublo was more then twenty percent Mexican.° The fears of an ever expanding minority population spurred this legislation. The bill was then presented to the house where it passed unopposed. “* In 1929 the Senate amended the initial law making the second offense a felony. According to an article in the Rocky Mountain News, Senate Bill No. 409 was introduced by Senators Talbot, Lininger, Horn and Quaint in March 1929. This bill was written based upon the recommendation of Richard C. Callen, U.S. Marshal and former State Senator. The legislation established marijuana as an illegal narcotic. Both the trafficking and cultivation of any form of cannabis became a felony. First-time offenders faced a misdemeanor subjecting them to a maximum fine of $100, and/or a maximum incarceration in the county jail for thirty days. Second offenses were now a felony with a minimum of 1 year imprisonment up to a maximum of five years. Val Higgins, Denver city chaplain and prohibition activist directly tied the need for this legislation to Mexican immigration. Higgins stated, “The use of marijuana came into the state with the Mexicans 43 Colorado, Session Laws, 1927, Ch 95, p98 309-311 hiipsiwer scxibd.comkioc!802643 10\Colorade-HE-477-of-1927 Marijuana Growing-and-Sale-Regulatons 44 “*Marjuana Evils Growing in Colorado Says George Coline”. Derwer Post, February 21 1927. 45 United States, Bureau of he Consus, 15° census Mesa Co.1930 hips/archive.orpistrearSthoensus247 unitfpagelntimode/2up 46 Cotoraso, House Journal ofthe General Assembly ofthe Stat of Colorado, 27” Session, 1927, ees for HB 477 hitpzcigitooL ary colostate.edulenibrisit3_‘fapace, medial 2V4bGiczl 2RODCOKM Be. 2F WY WNOZVOLZWRPYSEANAOT “od15 migrating here for agricultural work. It's use is growing because of the increasing number of Mexicans...” He then claimed marijuana to be a highly addictive dangerous drug easily available to children.” The fear of Mexican migrant workers reached a fever pitch in April of 1936. ‘According to author Stephen J. Leonard, Colorado took a dramatic and illegal stance when Governor Edwin Johnson closed the border between New Mexico and Colorado to non- resident migrant workers. Governor Johnson stated his reason for this decision was that migrant workers incited “lawlessness and social disorder.” The issue became so heated the National Guard was called in. Armed troops patrolled the southern border of Colorado in Las Animas County stopping all motor vehicles and trains searching for migrants. This only lasted for two weeks before pressure from the federal government forced the state to acquiesce. Nativism and disdain for foreigners motivated outrageous actions. Officials would use this to push through another outrageous action, federal prohibition of cannabis. Reefer Madness ‘A dramatic increase in anti-cannabis publications began after the repeal of the eighteenth amendment of the U.S. Constitution ending alcohol prohibition. Marijuana became the target of a vicious defamation campaign. The federal government and private newspapers worked together to portray the once respected herb as a narcotic that induces a state of criminal insanity. Government officials went on record in piece after 47 “amended Bill Hits Traffic In Marjuana State Senate making Second Offense Sale Felony." Rocky Mountain News , March 27, 1929. 48siepten J. Leona, “Trials and Triumphs” A Colorado Port ofthe Great Depression With FSA Photoararhs (Nino:16 piece declaring the horrific dangers of marijuana. The influence of the Bureau of Narcotics is openly acknowledged. According to their own admission, their advocacy directly resulted in anti- marijuana legislation in thirty-three states.” Government officials used the anti-Mexican sentiment to stir up public support by targeting this community in their attacks against marijuana. The Denver Post ran the first of these anti-marijuana stories, Marijuana is Broken by Arrest of Five at Longmont, on November 24, 1933. Five Mexicans were arrested and police seized fifteen pounds. The authors then go on to state that officials believe the dealers to have been victimizing children. The issue of the marijuana problem in Colorado became the subject of national attention when The New York Times picked up this article and ran it on December 3% 1933. The piece ran under the title Dope Ring Specialized in Mexican Marijuana, The authors expanded upon the original piece by placing blame for the marijuana problem directly on poor Spanish-speaking residents. They claimed marijuana to be “an ever recurring problem where there are Mexicans or Spanish Americans of the lower class.” According to the author, marijuana was being cultivated in Colorado and transported across the nation. The failure to contain the marijuana problem was impacting the safety and sanity of everyone in the U.S." Colorado and its marijuana problem are the subject of another article in The New York Times on September 16, 1934, Use of Marijuana Spreading in West. Once again the 49) wniesde, pa 57. 50 “Marjane Ring Is Broken by Arrest of Five al Longmont.” Denver Post, November 24, 1999. Page 13, S51 Snacinl Crerneondanca “Rana Rina Snaeialiad in Mexican Mafnvana * Nea York Times, Nanamhar’ 183% Sarton 1V Pane 647 blame was placed on Spanish-speaking immigrants and the failure of the State to contain the marijuana problem. The authors claimed that, “the use of marijuana appears to be proceeding unchecked in Colorado and other Western States with a large Spanish- ‘American population.” They convey their concern that the use of marijuana is crossing over and contaminating other races. They write that, “The drug is particularly popular with Latin Americans and its use is spreading to all classes.” Additionally, they make claims that dealers are targeting the youth. The subtitle reads “Children Said to Buy it" According to the author, Colorado's marijuana problem had become a national menace. The Rocky Mountain News printed an article titled Habit-Forming Marijuana Grown In Great Quantities in Colorado in March of 1936, The entire focus of the piece is an interview with Joseph A. Manning, Regional Director of the U.S. Narcotic Bureau. According to Manning, this habit forming narcotic is being sold “[p]romiscuously to youths” in Denver and throughout Colorado. He goes on to explain a major increase in use and availability ‘over the previous five years. Manning reveals that large quantities of marijuana are being grown secretly throughout the state, planted in-between rows of com. He urged local sheriffs to be vigilant in prosecuting offenders. Manning placed the increase in use on the fact that morphine had become too difficult to obtain because of the effectiveness of The Uniform Narcotic Act. This law created taxation and regulation for opium and cocaine. Manning believed that regulations led to an increase in the price of those drugs. This increase had priced many users out of the market and pushed them into using a less ct Pnmanrenaianne *t lon ef Martiana Srmadine in thinet* New Vade Times Santemher 1 102 Rartinn MV Dane18 expensive drug, marijuana. If cannabis was regulated in the same manner its price would increase and its usage decrease. According to Manning the federal government was able to successfully regulate dangerous drugs while state officials had failed. He claimed, “three and one-half tons of marijuana have been seized and ten acres of the plant destroyed by state officers in the United States during the last nine months.” The Federal Narcotic Bureau's state agents were able to do what local officials could not, remove marijuana. This is a poignant example of how the U.S. government used the media to gamer support for policy change.” In August 1937, Bumper Crop of Marijuana Maturing in Colorado, was printed in the Rocky Mountain News. According to the author, massive amounts of cannabis were growing all over the state hidden in “fence comers, on ditch banks, (and) in flower beds...throughout Colorado.” Local authorities countered the claim of incompetence that was made by Joseph A. Manning a year earlier. According to Sheriff Claud Switt of Huerfano County, the department confiscated enough marijuana “to make an entire city virtually go berserk.” State officials were working hard to keep the citizens safe, but because of the easily hidden cultivation they were unable to completely contain the issue. Once again, the newspaper used fear by making unsubstantiated claims that dealers were targeting innocent youth; “Even school children are solicited by peddlers.” This article also placed Colorado as the national producer for marijuana. Authorities reported that Colorado grown marijuana was being smuggled to the East. The State was walking a fine line of claiming competence while sustaining the fear of the spreading marijuana News . March 21. 1936.19 problem.* On the same day that the Bumper Crop article ran, another article was published in the Denver Post. This piece, Colorado Dept. Waging Winning Fight Upon Marijuana, written by Ralph Radetsky, portrays State success in containing the problem. According to the author, the Colorado narcotics division had a “firm, relentless grip on the weed.”, having successfully destroyed crops and prosecuted five individuals. Although this author wrote a contrarian message of state success to the Rocky Mountain News, he embraced the idea that marijuana was a dangerous narcotic. The subtitle to the piece reads “New Agency Battles to Destroy Narcotic That Leads to Eventual Insanity After Making Beasts of Its Victims.” The author goes on to make incredible claims of the effects of marijuana. This plant will destroy not only individuals, but society as a whole, and is one of the greatest threats to peace and order. According to the piece, marijuana is “beautiful dynamite”. He quotes Dr. Cleere, as did the Rocky Mountain News, regarding the new crop set to be harvested, “the evil will reach its annual climax.” Radetsky takes it a step further than the News article detailing the use and effect of cannabis. He described the process of cultivation and preparation, crushing leaves to be smoked like tobacco and juicing to be added to alcohol. When speaking of the effects of the oil he states “ [A] teaspoonful in a glass of beer or wine will almost immediately send the drinker berserk.” He then goes on to explain the deadly irreversible consequences of marijuana use. He charged that users ended up as rapists and murders, unable to control their fiendish desires, ultimately total insanity enveloped them. He does not place blame nor insinuate failure by the state. Hedoes mention the lack of federal legislation as a deterrent in combating this insidious menace. The article compels the reader to fear this dangerous narcotic and to fight for federal laws to protect against it. The Rocky Mountain News published a three-part story written about the accessibility of marijuana titled Marijuana in Denver? Sure, Plenty of the Stuff. Two journalists went undercover to see how easily this deadly narcotic could be procured. They found that it could be “[PJurchased in Denver without difficulty.” The caption above a picture of the marijuana obtained by the reporters read, “A Growing Social Menace.” The State was failing to control the problem as marijuana was easily accessible. The next day, the front page of the Rocky Mountain News read, Marijuana American Hashish; School Children Buy Drug. This article again blamed migrant workers claiming "beet worker. ..bring sacks filled to the brim with marijuana” into Denver. The author also named people from the Orient as being responsible for the increase in use and as being less able to handle the effects of the drug. They charged that schoo! children were directly targeted by dealers. The low cost of the drug meant children could use their allowance to. purchase weed. The author quotes Dr. T.S. Blair, toxologist to make their argument that marijuana use leads to insanity. According to Blair, “Smokers nearly all become imbeciles in time.” The authors also charged that use was linked to horrific crimes; “Police claim that liquor drinking and marijuana smoking, in conjunction, produce a state of maniacal violence.” They wrote of cases of addicts running amuck and slashing people with knives, Causeless murders had been committed while under the influence of the two intoxicants. '55 Ralph Radetshy. “Colorado Dept. Waging Winning Fight Upon Marana.” Denver Post, August, 1997. Page 14a Marijuana smoking was alleged to be the basis of many sex crimes. The author talked about, "scores of addicts and peddlers (being sentenced) to jail.” Colorado's role in the national distribution was highlighted. The authors spoke of Colorado being a “growers paradise”, although they make no mention of who they believed was doing the growing. They claimed marijuana from Colorado was being found across the nation even garnering a higher price than local weed, According to the authors, “In Chicago, for example, marijuana supposedly from Colorado brings a better price than the lowa or Nebraska product." They place blame for this rapid and widespread use on the lack of federal legislation and mention the Marijuana Tax Act as the key to successfully exterminating this deadly narcotic.” Tying the Colorado epidemic to national concern, the Associated Press ran an article September 10, 1937 titled U.S. to Aid Rocky Mountain States Fight Marijuana, Law Will Bring Government Agents in Battle Against Criminal-Making Weed. This article explains the U.S. Bureau of Narcotics’ role in criminalization, stating that the legislation was sponsored by federal narcotics agents. It also charged that increased criminal activity was directly connected to marijuana use. According to their sources, the law was necessary as. narcotics agents were discovering many crimes traced to marijuana. They placed blame ‘squarely on the shoulders of foreign migrant workers in Colorado. They wrote, “Certain areas of the Rocky Mountain States where there is a concentration of laborers from outside the United States have been troubled for years in trying to curb the use of the narcotic weed...” They also charged that Colorado grown marijuana was being trafficked 5 Tetorinana Amarinan Wachioh-Cenaal Childran Bis Prin" nein Mnvntain Nee Bumiet@ 4087 Panee 4across the nation.® The influence of the Mexican immigrants to Colorado was having drastic negative impacts on the entire country. The only way to ensure peace and order was to implement federal oversight. Federal Regulations and the Colorado Connection The first federal attempt to regulate cannabis was the Uniform Narcotic Drug Act (UNDA) which was proposed in 1935. This legislation was sponsored by the U.S. Treasury and the Narcotics Division. It made the addition of marijuana as a habit forming narcotic optional to existing state laws. To build support, members of the Federal Bureau of Narcotics traveled to Colorado and delivered ominous reports to the local media. According to an editorial published in the Rocky Mountain News, Agent Joseph Manning was quoted as urging for the adoption of federal law as there existed no state regulations in Colorado governing marijuana.” This is blatantly untrue as the sale, cultivation and use of cannabis had been restricted and enforced since 1927. Federal officials looking to increase their jurisdiction cited the failure of states to control cannabis as the reasons for their needed intervention. What was happening in Colorado became the center piece of an all out war against ‘marijuana led by Harry Anslinger, beginning in 1936. He had been the assistant prohibition commissioner of the Bureau of Prohibition. He was appointed in 1930 as the first commissioner of the U.S Treasury Department's Federal Bureau of Narcotics. Anslinger made no mention of marijuana from 1930 to 1934, instead focusing his attention on alcohol and opium. This changed after the repeal of the eighteenth amendment. The ‘5 Sassociated Press. “US. To Ald Rocky Mountain States Fight Marijuana." Denver Post, September 10, 1997. Page 4 BO tat smmemin Neaee Pah23 Federal Narcotic Bureau budget was cut by $1,500,000, from $11,000,000 in 1932, to $9,500,000 in 1934." Anslinger’s department budget dropped to $1,200,000 from 1935 to 1937."" This coincides with Anslingers newfound activism against marijuana. He published a piece, "Marijuana, Assassin of Youth’, in The American Magazine in July 1937. This story is a dramatic, hysteria-inducing portrayal of the death, destruction and despair brought on by marijuana use. According to Anslinger, marijuana was directly responsible for thousands of rapes and murders. He tells of a young Chicago woman jumping out of a window to her death in a state of marijuana-induced insanity. A family of five in Florida was axed to death by their son driven insane by cannabis ingestion. In Baltimore, a young man sexually assaulted a ten-year-old girl because of marijuana. These stories go on and on, paragraph after paragraph filled with gruesome tales of crimes caused by marijuana use. He also makes numerous claims that dealers are targeting youth. He charged that this narcotic was coming from the Southwest and demanded the reader take action to suppress its progress.” Anslinger directly referenced Colorado in his additional testimony to Congress regarding The Marihuana Tax Act. This act imposed a high federal taxation on the cultivation, processing, sale and use of cannabis; and its violation resulted in up to five years of incarceration. In making his argument for this legislation, Anslinger attached a letter he received from Floyd K. Baskette, City Editor of the Alamosa Daily Courier. 60 Federal Resorve Archive, “Message of te President of The United States transmiting THE BUDGET for he service of the fiscal year ending June 30th 1994" hplfraserstouisted.erg/Socsipubicatonslushudgotvebudget_ 1934.pot pq 396-397 611 University of ichigan, "Message ofthe President of The United Stales tansmiting THE BUDGET forthe sorvce ofthe fiscal year tending June 30th 1936." hits: /eabol hathitrustorgfogipt@id=mdp. 3801505612095: views upseq=7. pg ST ‘62anefinger, Hany, and Courtney Riley Cooper. “Marijuana Assassin of Youth” Te American Magazine, July 182724 Baskette claimed to be writing on behalf of both civic leaders and law enforcement officials, and begged the federal government to immediately intervene in the marijuana warwaging in the state. He recounted the story of Lee Fernandez, who attempted to rape a young Alamosa girl while believed to be under the influence of marijuana. He then goes on to state, “[T] his case is one in hundreds of murders, rapes, petty crimes, insanity that has occurred in southern Colorado in recent years.” He points out that his town is particularly vulnerable because of the high percentage of Mexicans and their inability to handle the effects of cannabis consumption. Baskette continues, “I wish ! could show you what a small marihuana cigarette can do to one of our degenerate Spanish-speaking residents.” According to Baskette the consequences of Mexicans using marijuana are exacerbated because “Spanish-speaking persons,... are low mentally, because of social and racial conditions.” Anslinger mentions Colorado again when discussing the source of national cannabis cultivation. He stated, “[WJe find then that Colorado reports that the Mexican population there cultivates on an average of 2 to 3 tons of the weed annually.” This testimony resulted in the passing of the first federal regulation of marijuana, and Colorado played an integral role in bringing this legislation to fruition. It is no surprise that Colorado made history with the first arrest and conviction for violating The Marihuana Tax Act. According to a Denver Post article Samuel R. Caldwelt and Moses Baca were arrested for selling and consuming marijuana. Mr. Caldwell was an (63 The Schafer Litraty of Brug Policy, “The Marthuane Tax Act of 1987 Transcrots of Congressional Hearings ADDITIONAL25 unemployed white laborer from Kentucky who sold marijuana to Moses Baca a Mexican- ‘American from Trinidad. Baca was sentenced to eighteen months in the state penitentiary, while Caldwell received four years in Leavenworth Penitentiary. The article quoted Judge J.Foster Symes, who handed down the sentence as saying; “I consider marijuana the worst of all the narcotics-far worse than morphine or cocaine." According to Attorney C. V. Marmaduke, “Until the new law went into effect we of the narcotic division were powerless.” Now that the federal government had authority the citizens would be safe from the evil Mexican weed. It seems fitting that having paved the way for marijuana regulation Colorado would be the first to capitalize on federal legislation. In 1962 Anslinger wrote a book, The Murders, The Shocking Story Of The Narcotics Gang. In it he enthusiastically professes the Bureau's successful foray into media manipulation. To obtain the Congressional votes necessary to pass this legislation he drummed up support by launching a concerted attack against cannabis in the press. “As the marijuana situation grew worse, | knew action had to be taken to get proper control legislation passed. By 1937, under my direction, the Bureau launched two important steps....Second, on radio and at major forums, such as that presented annually by The New York Herald Tribune, | told the story of this evil weed... wrote articles formagazines; our agents gave hundreds of lecturers to parents, educators, social and civic leaders. In network broadcasts | reported on the growing list of crimes including 64 DENVER COURT IMPOSES FIRST US. MARMUANA LAW PENALTIES, Poor Goon Four Yer it Pe an $1.00 Fhe ard26 65 murder and rape. The yellow journalism that directly influenced the federal prohibition of marijuana was not, only admitted, but touted as a resoundingly successful, purposeful endeavor by the U.S, Narcotics Bureau. Conclusion Colorado directly influenced the national regulation and prohibition of marijuana. The Federat Narcotics Bureau was i ally disinterested in cannabis, creating tension between local and national officials. After yeas of having urged the state to self-regulate, the federal government became interested in oversight only when alcohol prohibition ended and their budget dropped by 90%. A wave of yellow journalism hit the streets and Teefer madness was born. Newspaper articles both within and outside of the state claimed dramatic increases in crime and insanity caused by the evil Mexican loco weed. They incited fear by charging that the most vulnerable among us, the youth, were being targeted by dealers. These reports gained national attention through The New York Times and the Associated Press. All of this culminated in Colorado being cited in the Congressional Hearing Testimony of The Marihuana Tax Act. As a result of Colorado's geographic proximity to Mexico, and the push and pull forces of immigration, the state became a hotbed of racial tension. Marijuana was an easy 65 analinnee HA The alindorere: The Sharkinn Gav ffThe Neventice Canne Tada Arbor Racker TTR 1067 re Sat Ree27 tool for suppression as it was heavily used recreationally by Mexican migrant farm workers. Whether the authors are blaming Mexicans for bringing marijuana to the state, cultivating it in the state, selling it to minors, or committing rape and murder under its influence, the connection to Anti-Mexican sentiment is seen throughout. The head of the Bureau of Narcotics, Harry Anslinger, actively used this sentiment to further his own interests. He openly admitted to creating pieces on the horrific effects of marijuana use for the purpose of gaining support for federal oversight. He placed blame squarely on the shoulders of Mexican migrants. In addition, he used Colorado as a reference point in his war against cannabis. None of the claims of prohibitionists have been validated. In fact, the most respected medical institution in the country, the American Medical Association, openly opposed prohibition. The Public Health Administration, responsible for treating mental health and insanity, also came out against the charges that marijuana caused insanity. Cannabis does not cause death, insanity, or increased criminal behavior. ts prohibition was not an effort to protect citizens from a dangerous narcotic. Marijuana criminalization was directly tied to Colorado, born out of fear of an encroaching minority population, and flamed by the governments desire to maintain power and money.