Marijuana Politics: Uncovering the Troublesome History and Social Costs of Criminalization

311 Pages·2018·4.053 MB·English

by  Robert M Hardaway

Marijuana Politics
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Marijuana Politics
Uncovering the Troublesome History and
Social Costs of Criminalization
Robert M. Hardaway
Copyright © 2018 by Robert M. Hardaway
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording, or other wise, except for the inclusion of brief quotations in a
review, without prior permission in writing from the publisher.
Library of Congress Cataloging- in- Publication Data
Names: Hardaway, Robert M., 1946– author.
Title: Marijuana politics : uncovering the troublesome history and social costs of
criminalization / Robert M. Hardaway.
Description: Santa Barbara, California : Praeger, [2018] | Includes bibliographical
references and index.
Identifiers: LCCN 2017037270 (print) | LCCN 2017045707 (ebook) |
ISBN 9781440837074 (e- book) | ISBN 9781440837067 (hard copy : alk. paper)
Subjects: LCSH: Marijuana— Political aspects— United States. | Marijuana— Law and
legislation— United States. | Marijuana abuse— United States. | Drug legalization—
United States.
Classification: LCC HV5822.M3 (ebook) | LCC HV5822.M3 H367 2018 (print) |
DDC 362.29/55610973—d c23
LC rec ord available at https:// lccn . loc . gov / 2017037270
ISBN: 978-1-4408-3706-7 (print)
978-1-4408-3707-4 (ebook)
22 21 20 19 18 1 2 3 4 5
This book is also available as an eBook.
Praeger
An Imprint of ABC- CLIO, LLC
ABC-C LIO, LLC
130 Cremona Drive, P.O. Box 1911
Santa Barbara, California 93116 - 1911
www.abc- c lio. c om
This book is printed on acid- free paper
Manufactured in the United States of Amer i ca
Dedicated to
Judy Swearingen Trejos
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Contents
Preface ix
Acknowl edgments xi
Chapter 1 Marijuana: Politics, Partisanship,
and Demagoguery 1
Chapter 2 The Victimless Crime F amily 23
Chapter 3 Lessons from the Prohibition Era 42
Chapter 4 Marijuana as Medicine 65
Kyle Bershok Ames
Chapter 5 A Brief History of Cannabis Use
and Regulation 75
Kyle Bershok Ames
Chapter 6 Global Marijuana Regulation 115
Kyle Bershok Ames
Chapter 7 Recent Legalization Developments 140
Taylor Hart- Bowlan and
Kyle Bershok Ames
Chapter 8 The Conflict between Federal and State
Marijuana Law 160
Taylor Hart- Bowlan
Chapter 9 Conclusion 176
viii Contents
Notes 179
Bibliography 237
Index 273
About the Author and Contributors 297
Preface
In 2003, Praeger Publishers, now a part of ABC- CLIO, published my book
No Price Too High: Victimless Crimes and the Ninth Amendment, which set
forth the history of marijuana criminalization and provided an overview
and analy sis of then- current laws regulating its use in the context of the
Ninth Amendment of the U.S. Constitution. Since that time, many states
have legalized marijuana use for medical purposes, and others have also
legalized its use for recreational purposes. As of the publication date of
this book, 29 states have legalized the former and eight the latter.
Because of the many legal developments that have occurred since
2003, this book was conceived as an update of this earlier work, with par-
tic u lar attention to the most recent laws representing the accelerating
trend t oward legalization that occurred during the 2016 election in the
form of popu lar initiatives and referenda. For this reason, much of the
history and legal developments in the area of marijuana law that occurred
before 2003 has been carried forward from the earlier work, and in some
cases entire relevant sections have been reproduced, often verbatim, in
the pages that follow. This has been made pos si ble by the fact that I wrote
the previous work and the copyright of No Price Too High is now held by
ABC- CLIO, the publisher of this book.
As noted in the previous work’s foreword by former New Mexico Gov-
ernor Gary Johnson, “The title of No Price Too High sarcastically implies
that, to our law and judicial system, there is ‘no price too high’ to make
something illegal, even if that only makes the prob lem worse. Using
extensive references, Hardaway proves that the drug prob lem has only
increased since its criminalization.”
Certainly the premise of that title has not changed since 2003, as soci-
ety continues to be afflicted by the horrifying spectacles of tens of thou-
sands of murders committed by drug cartels, mass graves, extravagant