Why was Hemp Outlawed in the United States?

Did you know the United States Declaration of Independence was drafted on Hemp paper? If so, why was Hemp banned in the USA in 1937?

The Marihuana Tax Act of 1937 banned Hemp production in the United States for 2 reasons

  1. Economic competition with Cotton, Timber and Synthetic Plastics

  2. 1930’s anti-hemp propaganda caused a moral panic, persuading Americans to believe Hemp and Marijuana were the same and would both lower the moral values of American culture. The Farm Bill of 2018 lifted the ban on Hemp.

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Anti-Hemp Propaganda in the 1930s

  1. "Marijuana makes fiends of boys in 30 days.” William Randolph Hearst, American newspaper publisher.

  2. The New York Times newspaper headline "State Finds Many Children are Addicted to Weed."

  3. "Reefer makes darkies think they’re as good as white men." Harry J. Anslinger, U.S. Narcotics Comissioner.

  4. The 1936 film, "Reefer Madness" by Louis J. Gasnier portrays a man killing his entire family with an ax after smoking Marijuana.

  5. Newspaper headline "Marijuana: The Devil's Weed with Roots in Hell."

Watch an excerpt of Reefer Madness below:

The Cotton Industry Wanted to Replace Hemp

For the first 162 years of U.S. history, Hemp was a common crop known by all Americans for it's many industrial purposes. In the 1930's, new industries such as Cotton, Synthetic Plastics, Liquor and Timber became able to replace Hemp. Conspiracy Theorists believe these industries funded misinformation campaigns to make a way for these new technologies to replace Hemp.

Americans in the 1930s Knew Hemp was Harmless

1930’s Americans…

  • knew Hemp was harmless because it was grown on family farms

  • Before the "Reefer Madness Film" was published in 1936, the term "Marijuana" was unknown to American culture. Prior to 1936, Marijuana was a word used only by Spanish speakers.

  • would have never watched a movie called "Hemp Madness" for one reason, they knew Hemp was harmless!

The Influence of Henry J Anslinger

Upon Alcohol becoming legal in 1933, Harry J. Anslinger became the first director of the newly formed Federal Bureau of Narcotics. It is now called the DEA, or Drug Enforcement Agency.

Anslinger strongly opposed Hemp. Read his 1937 testimony before Congress below:

"Marijuana is the most violence causing drug in the history of mankind. Most Marijuana smokers are Negroes, Hispanics, Fillipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes."

Anslinger's influence caused American society as well as politicians to view government and law enforcement officials as the only experts in Marijuana.

After 1937 You Had to Gain Government Approval to Grow Hemp

Anslinger's influence, combined with media and government promotion, caused Politicians and the American people to outlaw Hemp via the Marihuana Tax Act of 1937.

After 1937, Hemp could only be grown if you were lucky enough to be issued special government Tax Stamps. It was illegal to grow or be in-possession of Hemp without having these special stamps.

Hemp was Called a ‘Billion Dollar Crop’ in 1938

Read this excerpt from the 1938 Popular Mehanics Magazine article, "Hemp: The New Billion Dollar Crop."

"Hemp can be used to produce more than 25,000 products. Hemp will prove, for both and public, the most profitable and desirable crop that can be grown."

Although Hemp offered enormous economic value, there was nothing that could be done to reverse the 1937 ruling. The 1937 Marijuana Prohibition was signed into law just one year after this article was published, were the American people deceived?

The Truth About Hemp and Marijuana

Marijuana and Hemp belong to a plant specie called "Cannabis Sativa." Where Marijuana is the male version of Cannabis, Hemp is the female version. Hemp, unlike marijuana, is cultivated for its fibers and beneficial health compounds called "Cannabinoids". It does not contain high levels of THC, the chemical in Marijuana responsible for making people high.

Unfortunately, despite the clear distinction between marijuana and hemp, the propaganda of the 1930's still has a stronghold on people's view of Hemp.

Similarities and Differences Between Marijuana and Hemp

The primary difference between Marijuana and Hemp is the THC levels. While both contain THC, Hemp has the lowest levels so people can experience the health benefits of Cannabis without the high. Hemp is also used for practical uses from clothing to concrete where Marijuana does not have practical uses.

While marijuana and hemp have distinct chemical properties, the two varieties of the cannabis plant have the same appearance and smell. In fact, a 1992 study found that hemp looks so much like marijuana that the only way to separate the two is to analyze their THC content. There is some speculation that hemp was outlawed because it appears the same as marijuana, but based upon their chemical differences, it is clear that the two are not the same. 

Early Laws and WWII

As PBS has reported, the Marihuana Tax Act of 1937 outlawed Hemp cultivation in the United States. The Hemp Industries Association has also named this law as the beginning of hemp being outlawed, as the law made it challenging for farmers to produce hemp. 

During World War II, however, the U.S. lost access to hemp produced in the Philippines, and farmers grew large quantities of Hemp with the help of government subsidies. Unfortunately, at the cessation of the war, the government put a stop to hemp production. 

The Controlled Substances Act of 1970

Further hindering the cultivation of hemp, the Controlled Substances Act (CSA) of 1970 placed hemp in the same category as Marijuana. Per Purdue University, the CSA named Hemp as a Schedule 1 controlled substance due to it being a cannabis derivative, categorizing it alongside illicit drugs like heroin and ecstasy. The CSA did not directly outlaw hemp for industrial purposes but required growers to secure a permit from the Drug Enforcement Administration (DEA). 

The outlawing of Hemp can be seen in the language of the CSA, which names marijuana as a Schedule 1 controlled substance, meaning that it has no medical purpose and is highly likely to be abused. The definition of marijuana, according to the CSA, includes all of the components of the Cannabis sativa L plant. The definition is broad, labeling marijuana and its components as a hallucinogen, leading to the outlawing of hemp under this act. 

Corporate Interests

Outside of prohibitive legislation, corporate interests have had an influence on the outlawing of hemp. In the 1920s, businessmen like W.R. Hearst and William DuPont were threatened by Hemp, because they had a vested interest in the use of wood to produce paper. W.R. Hearst, who was in the newspaper business, owned forest acreage which was used to produce paper. He was so threatened by hemp, in fact, that he produced contrived stories in his newspapers, telling tales of the dangers of cannabis. William DuPont, who was in the business of creating chemicals that enabled the production of paper from timber, was equally threatened by hemp. 

Making matters worse, Harry Anslinger, who in the 1930s was the first appointee as commissioner of the Federal Bureau of Narcotics, upheld W.R. Hearst’s exaggerated claims about the deleterious nature of cannabis. Anslinger was responsible for introducing the Marijauna Tax Act to Congress, beginning the legal process that answers the question, “Why was hemp outlawed?” 

Current Legislation

After years of being outlawed, there is hope for Hemp, based on recent legislation. In August 2019, the DEA publicly acknowledged that hemp is not a controlled substance, and as such, it is legal to produce without DEA approval. The DEA, in this acknowledgement, explained that hemp includes both hemp plants and cannabidiol which contain no more than .3 percent THC. This notice from the DEA followed the December 2018 signing of the 2018 Farm Bill, which formally decriminalized hemp. 

Prior to the 2018 law, the 2014 Farm Bill permitted higher learning institutions and state departments of agriculture to produce hemp as allowable by state law. There were still, however, tight restrictions on hemp, as the DEA continued to recognize it as a Schedule 1 controlled substance and oversaw some facets of hemp cultivation. It was not until the 2018 Farm Bill that the United States truly saw the end of hemp being outlawed, as this law stipulates that products created from hemp can be transported between state lines; it also allows for restriction-free sales and possession of legally-produced hemp products. Despite this fact, it is important to keep in mind that state departments of agriculture and the USDA will still regulate hemp production. 

Future Directions

Moving forward, we can expect universities to continue to conduct market research to determine the profitability of hemp. We can also look forward to the creation of hemp products, such as textiles, carpeting, paper, fabric, yarn, insulation, and construction materials. Cosmetics and soaps produced from hemp seed oil may also make their way to more and more store shelves.

With the ending of the outlawing of hemp, we may also see CBD growing in popularity. This compound, which is also low in THC, has received attention for its therapeutic effects and may be useful for treating conditions like epilepsy and PTSD.

Conclusion

Hemp…

  • was a popular crop in the 1930’s, grown on family farms

  • directly competed with Cotton and new industries

  • untruths circulated through media and government publications, leading to prohibition

  • the Farm Bill of 2018 restored it’s legal status

  • is non-intoxicating, with practical uses and natural benefits for health and wellness

Thank you for taking the time to read this article, please contact us with any questions!

To your health,

Greenlife Organics

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