Marijuana has been cultivated throughout the throes of history, whether it be legally or illegally. Most ancient cultures did not grow the plant for its psychoactive properties, but for its medicinal qualities, likely beginning around 500 BC in Asia. In the United States, cannabis has been grown since the early colonists grew hemp for textiles and rope. When looking at the criminal history of marijuana in Colorado, we will start 4 years before prohibition was nationally enacted.

On January 1, 1916, the state of Colorado enacted the prohibition law. This would be four years before prohibition was enacted nationwide. The following year, in 1917, the Colorado state legislature passed a law that effectively outlawed the “planting, cultivating, harvesting, drying, curing, or preparation for sale or gift of cannabis Sativa”. This legislature read:

“Any person who shall grow or use cannabis Sativa (also known as cannabis Indica, Indian hemp and marijuana) that he has grown shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment in the discretion of the court.”

It’s important to note that before this law was enacted, marijuana was easily obtainable. For most of America’s history, cannabis was not only legal but also a perfectly acceptable and accessible over-the-counter drug.

Victor Robinson Studies Effects Of Marijuana

In 1912, Victor Robinson published a study of his findings on the effects and uses of hasheesh, which is a form of cannabis. His findings stated that uses for marijuana include:

“In medicinal doses, Cannabis is used as an aphrodisiac, for neuralgia, to quiet maniacs, for the cure of chronic alcoholism and morphine and chloral habits, for mental depression, hysteria, softening of the brain, nervous vomiting, for distressing cough, for St. Vitus’ dance, and for the falling sickness so successfully simulated by Kipling’s Sleary — epileptic fits of a most appalling kind. It is used in spasms of the bladder, in migraine, and when the dreaded Bacillus tetanus makes the muscles rigid. It is a uterine tonic, and a remedy in the headaches and hemorrhages occurring at the final cessation of the menses. It has been pressed into the service of the diseases that mankind has named in honor of Venus.”

Additionally, he notes that “habitual use of this drug entails consequences no less mischievous

than are produced by alcohol and opium;” Robinson also makes a fair point when his study points out the fact that “an overdose has never produced death in man or the lower animals. Not one authentic case is on record in which Cannabis or any of its preparations destroyed life.”

With all of this information being published five years before the enactment of the marijuana prohibition in Colorado, it’s hard to see why the Colorado state legislature would want a total ban on the cultivation and distribution of cannabis. So why did they?

Racism Sparks Change In How Marijuana Is Perceived

At first, the United States didn’t impose criminal prohibitions against cannabis but rather placed restrictions on the labeling and purity as it is used in medicine. In 1906, the Pure Food and Drug Act was passed by Congress. This act required that certain drugs, including marijuana, be labeled on bottles. This is mainly due to the fact that narcotics and stimulants were widely unregulated and found in almost everything. Drugs like opium, heroin, marijuana, and even cocaine were sold in products in the stores and pharmacies just like aspirin and allergy medicines are today.

The Pure Food and Drug Act aimed at cracking down and creating rules and regulations surrounding stimulants and narcotics as many physicians and pharmacists were issuing substances such as morphine, cocaine, and heroin for legitimate therapeutic purposes without regulation. This led to many individuals finding themselves addicted to the substances they could easily get their hands on. Additionally, physicians and pharmacists were making great profits by feeding the proliferation of accidental addicts.

In 1914, Congress passed the Harrison Act, which also did not federally prohibit marijuana. Rather, the act simply required physicians, pharmacists, and anyone else who dealt with drugs to register with the government. The Harrison Act imposed penalties of up to a $2000 fine, and/or imprisonment of up to 5 years if individuals failed to register with the United States government.

Before the creation of the Harrison Act, culture and attitudes toward drugs changed drastically. No longer were addicts seen as sympathetic innocent victims, but more like lazy freeloaders. At this time, the Mexican Revolution (1910-1920) caused a surge of immigrants along the United States' southern borders. Additionally, Chinese and Indian immigrants were arriving on the west coast at the same time as well. As a result of disdain for immigrants, many Chinese, Indian, and Mexican immigrants were associated with dope fiends and degenerate pleasure seekers. In fact, many Texas police officers claimed that “marijuana incited violent crimes, aroused a lust for blood, and gave its users superhuman strength” according to Erik Schlosser who wrote for the Atlantic in 1994. This resulted in rumors spreading across the nation like wildfire. Some rumors even claimed that Mexicans and other immigrants were distributing “killer weed” to unsuspecting schoolchildren, which was never the case.

Colorado Outlaws Distribution Of Marijuana

As previously stated, the prohibition of marijuana was enacted in 1917, which made the use and cultivation of cannabis a misdemeanor. In 1929, the Colorado state legislature enacted a law that made a second offense of the sale, possession, and distribution of marijuana a felony and followed by penalties of between 1 and 5 years in prison.

In 1937, the Marihuana Tax Act was implemented nationally. At this point, the Denver Police Department and the Federal Bureau of Narcotics arrested Moses Baca and Samuel Caldwell for the distribution of marijuana. The arrest and conviction of Baca and Caldwell signified the first marijuana convictions under US federal law for avoiding the payment of marijuana tax.

In 1975, a brief wave of decriminalization swept the country, which resulted in Colorado ultimately decriminalizing the possession of marijuana of up to one ounce. This meant that a petty cannabis offense was only punishable by a fine of $100. In 2010, the amount was increased to 2 ounces, and the maximum fine stayed at $100.

In 2012, marijuana was voted into legality by the residents of Colorado. As of today, marijuana is legal for consumption in individuals over 21 years of age, and there is a limit to how much an individual can purchase at one time.