phoenixnewtimes.com PHOENIX NEW TIMES MAY 19TH– MAY 25TH, 2022 State Licensed Dispensaries & Doctor Certifications | CANNABIS | Kevin Deitsch/Getty Images Gap from p 41 law going forward. It is up to Congress to continue to approve it.” As to the question of de-scheduling or rescheduling — changing classification from Schedule I controlled substances to say, Schedule V, which is deemed “least potential for abuse” — removing cannabis from the CSA is the only clear way to legiti- mize cannabis in the U.S. “It’s a non-starter,” Armentano said. “The whole point is to eliminate this existing chasm between state laws and federal law, and rescheduling only exacer- bates it.” Historical Context From the late-1930s until the mid-1990s, cannabis regulation was placed almost entirely in the hands of the federal government, but the dynamics changed in 1996 when California became the first state to legalize medical marijuana. Cannabis was becoming a popular recreational drug in the early part of the 20th century, but that changed in 1937, when Henry Anslinger became the first commissioner of the newly formed Federal Bureau of Narcotics. In testimony to Congress, Anslinger put forth arguments that pot prohibitionists continue to use to this day, referring to the “immorality and harms” of marijuana use that would “incite violent and insane behavior.” Anslinger further stated that “the major criminal in the United States is the drug addict; that of all the offenses committed against the laws of this country, the narcotic addict is the most frequent offender.” From the implementation of the Marihuana Tax Act of 1937 that “imposed a high-cost transfer tax stamp on marijuana sales,” throughout the 1950s, cannabis was further criminalized. And in 1970, the “War on Drugs” began in earnest with the passing of the Controlled Substances Act under President Richard Nixon. “The CSA placed the control of Senators Corey Booker and Chuck Schumer at a July 2021 press conference. marijuana and other plant and chemical substances under federal jurisdiction regardless of state regulations and laws,” the CRS report states. “In designating marijuana as a Schedule I controlled substance, this legislation officially prohib- ited the manufacture, distribution, dispen- sation, and possession of marijuana except for purposes of sanctioned research.” Under the CSA, marijuana was consid- ered on par with heroin, LSD, methaqua- lone, and peyote, with a “high potential for abuse,” and “no currently accepted medical use in treatment in the United States.” The CSA established the National Commission on Marihuana and Drug Abuse, and its name was soon changed to the Shafer Commission. It recommended the development of “social policy seeking to discourage marihuana use, while concentrating primarily on the prevention of heavy and very heavy use.” Yet it also questioned the constitutionality of crimi- nalizing the drug, stating, “total prohibi- tion is functionally inappropriate.” The Shafer Commission recommended a subsequent commission to re-examine the issue, but that never happened. ADA’s Richard sees positive progress in the movement to legalize cannabis, partic- ularly since “somebody somewhere in a damp dark room with a green visor and a desk lamp is crunching numbers about how many people are buying cannabis.” “In 2021, cannabis sales in the U.S. eclipsed Starbucks,” he said. “These are the moments that define the future of an industry: which agencies, which think tanks, and which regulatory bodies are reporting on the boring underbelly of the industry.” Armentano has seen the dynamics play out over and over and has learned to temper his expectations. “I’m not a prognosticator, so you’d have to ask Chuck Schumer or Corey Booker,” he concluded. 43
