Hemp history: how marijuana became illegal, and legal, after 5,000 years

Hemp history: how marijuana became illegal, and legal, after 5,000 years

First documented in 2800 BC and then outlawed in the US in the 1930s, this controversial plant is set to return as a multipurpose cash crop.

There are very few local experts to consult, little actual research done, and no industry built around medical marijuana in Malaysia. (Envato Elements pic)

Cannabis, weed, ganja, pot, reefer, grass, hemp, marijuana … you may have heard about it but might know very little about it – or perhaps just enough to form an uninformed opinion.

Despite medical marijuana having been legalised in over 45 countries, there are very few local experts to consult in Malaysia, little actual research done on it, and no industry built around it.

That’s not entirely anyone’s fault, though. Having been classified as an illegal drug for decades, it’s no surprise most Malaysians have little to no exposure to it.

Nations generally follow the advice of the global leading experts, scientists and thought leaders, and when it comes to this controversial plant, many are still falling short despite evidentiary data from both the successes and failures of pioneering nations.

Thailand, for example, hastily decriminalised marijuana on June 9 and embraced legalisation without a proper framework to prevent abuse. The country is now reactively scrambling to educate a population about the differences between the benefits of medical use and the potential dangers of abuse.

To better understand why marijuana is slowly being decriminalised or legalised in many countries, it’s good to know how it became illegal in the first place.

Marijuana 101

Historically, indigenous communities worldwide have used marijuana for centuries. A paper from the University of Sydney – “History of Cannabis” – explains that the use of the plant originated in central Asia or western China.

Used for its alleged healing properties, the first documented case was in 2800 BC – nearly five millennia ago – when it was listed in the pharmacopoeia of Emperor Shen Nung, often regarded as the father of Chinese medicine.

This illustration from circa 1790 shows the consumption of ‘bhang’, an edible preparation of cannabis native to the Indian subcontinent, used in food and drink as early as 1000 BC by Hindus. (Wikipedia pic)

Therapeutic use of cannabis is mentioned throughout history in the texts of the Indian Hindus, Assyrians, Greeks, and Romans, used to treat a vast array of health problems including arthritis, depression, inflammation, pain, lack of appetite, asthma, and amenorrhea – the lack of menstruation.

In modern day, non-medicinal usage of hemp involves it being treated as a base for a wide range of commercial and industrial products, including rope, textiles, clothing, shoes, food, paper, bioplastics, insulation, and even biofuel.

So, how did marijuana become illegal? In short: racism.

The Mexican Revolution of the early 1900s saw an influx of immigrants into the United States, bringing with them their culture that included “marihuana”, which was used for both recreational and medicinal purposes.

In an effort to control the growing Mexican population, marijuana was demonised so it could be used as an excuse to search, detain, and deport new immigrants.

Harry J Anslinger, who headed the US Treasury Department’s Narcotics Bureau from 1930 to 1962, initially opposed federal legislation against marijuana because he foresaw the difficulty in enforcement. He, however, began to capitalise on fears about marijuana, and pushed a PR campaign for uniform anti-narcotics legislation in all then 48 states.

In congressional testimony, Anslinger used evidence from his “gore file” of brutal murders and rapes, inaccurately alleging they were committed by people high on marijuana, and often attributed to persons of colour.

In a 1937 article titled “Marijuana, Assassin of Youth”, he wrote: “How many murders, suicides, robberies, criminal assaults, holdups, burglaries and deeds of maniacal insanity it causes each year can only be conjectured.”

A public service announcement used by the Federal Bureau of Narcotics in the late 1930s and 1940s. (Wikipedia pic)

This messaging eventually became the reasoning for the Marijuana Tax Act of 1937, which effectively banned all its uses and sales.

Even though the act was ruled unconstitutional several years later, the Controlled Substances Act in 1970 that replaced it ranked substances according to their levels of danger and potential for addiction.

Marijuana was placed in Schedule I, the most restrictive category along with cocaine and heroin, pending a report commissioned by then president Richard Nixon for a final recommendation.

Despite the Schafer Commission report declaring that marijuana should not be in Schedule I – indeed, even doubting its designation as an illicit substance – Nixon discounted its recommendations.

Hence, despite 37 US states having legalised medical marijuana since 2014, it still remains a Schedule I substance on the federal level until today.

Where Malaysia stands

Last year, health minister Khairy Jamaluddin announced that medicinal products containing cannabis can be imported and used in Malaysia, as long as they are in compliance with the law.

Importers must have both a licence and import permit, and only registered medical practitioners or pharmacists can sell medical marijuana products to selected patients. Khairy added that all products containing cannabis must be registered with the Drug Control Authority.

With a relatively small knowledge base locally, Malaysia should seek out the advice of experts worldwide whose countries have gone through the rigorous processes of detailed studies, built a framework for national legislation, discovered the drawbacks after legalisation, and reaped the benefits for their efforts.

Regardless of where one stands on legalisation, it would be irresponsible for Malaysia not to explore the idea further if the potential benefits for both the health of its citizens and the economy are at stake.

Reg Ching is a walking quadriplegic (OKU), digital business consultant, medical cannabis advocate, and cryptocurrency enthusiast. Follow his journey at regching.com.

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