NCJ Number
53365
Journal
Crime and Social Justice Issue: 10 Dated: (FALL/WINTER 1978) Pages: 29-33
Date Published
1978
Length
5 pages
Annotation
THE WIDESPREAD BELIEF THAT THE FEDERAL MARIHUANA TAX ACT OF 1937 WAS THE RESULT OF A PUBLIC MARIHUANA CRISIS CREATED THROUGH ENTREPRENEURIAL EFFORTS OF THE FEDERAL BUREAU OF NARCOTICS (FBN) IS EXAMINED.
Abstract
A REVIEW OF THE LITERATURE COMMONLY CITED IN SUPPORT OF THIS BELIEF REVEALS INSUFFICIENT EVIDENCE TO PROVE THE EXISTENCE OF EITHER AN FBN PROPAGANDA CAMPAIGN OR A MARIHUANA CRISIS. THE QUESTION ARISES AS TO WHY, IN LIGHT OF ITS WEAK FOUNDATIONS, THE BELIEF HAS PREVAILED. A COMPETING ORIENTATION IN THE ANALYSIS OF THE ORIGINS OF DRUG LAWS--THAT REPRESSIVE AND PUNITIVE DRUG LAWS ARE PASSED TO HELP CONTROL A SPECIFIC ECONOMIC, ETHNIC, OR RACIAL MINORITY--HAS PRODUCED EVIDENCE OF THE STRUCTURAL FOUNDATION DRUG LAWS. SUCH EVIDENCE IS CLEARLY LACKING IN OTHER MARIHUANA LEGISLATION RESEARCH. YET THIS COMPETING ORIENTATION HAS FAILED TO GENERATE MUCH ATTENTION AMONG SOCIAL SCIENTISTS. IT IS SUGGESTED THAT MOST RESEARCHERS WHO HAVE STUDIED DRUG LAWS HAVE BEEN CONCERNED PRIMARILY WITH THE PLIGHT OF THE AFFLUENT USER, RATHER THAN THE COERCION OF ECONOMIC AND RACIAL MINORITIES THROUGH DRUG LEGISLATION. THESE RESEARCHERS ARE SAID TO HAVE BEEN INFLUENCED BY LABELING THEORY--A CONCEPT WHICH IS RIGHT FOR THE POLITICS AND INTELLECTUAL TENOR OF THE TIMES. IT IS SUGGESTED FURTHER THAT THE VERY CONCENTRATION ON STUDYING THE ORIGINS OF MARIHUANA LAWS SEEMS TO CLOUD MORE FUNDAMENTAL ISSUES, MAKING IT EASY TO IGNORE THE STRUCTURAL SOURCES OF CLASS CONFLICT AND TO BLAME INDIVIDUALS (E.G., FEDERAL LAW ENFORCEMENT OFFICIALS) FOR THE WOES EXPERIENCED BY AMERICAN MINORITIES. A LIST OF REFERENCES IS INCLUDED. (LKM)