Cannabis is a plant that has been utilized medicinally throughout history, dating back to ancient times in China, Egypt, and Greece. However, regardless of these historical facts, cannabis use for medicinal and recreational purposes has faced a great deal of adversity and controversy throughout time, especially in the United States. Throughout this blog, we will highlight key historical and societal milestones for cannabis in the U.S. which have led this plant from a path of prohibition to one of progress, before reviewing some of the key policies that have played a role in shaping Florida’s cannabis market over the last decade.

Historical and Societal Moments for Cannabis in the United States

Creation of the Federal Bureau of Narcotics

In the early 1920’s, public cannabis use was minimal. However, the federal government was concerned about its growing popularity and there were concerns that an uptick in use would provoke criminal behavior and lead to increased crime rates across the nation. As such, in 1930, the Federal Bureau of Narcotics (FBN) was formed. Shortly after formation, the bureau passed the Uniform State Narcotic Act of 1932, which encouraged narcotics laws to be enacted at the state level. The FBN did not stop there though and chose to move towards prohibition of cannabis by passing the Marihuana Tax Act of 1937. By enacting this law, the government required anyone who was involved in manufacturing, selling, dispensing, or administering cannabis to obtain a tax stamp from the Department of Treasury. Ultimately, at this point the regulation of cannabis by the federal government became so significant that it was believed to have “outlawed” almost all legal uses of the plant.

Image Credit: Rare Historical Photos

A Counterculture Revolution – Marijuana Smoking by America’s Youth

After federal enforcement came about in the late 1930’s, most believed that cannabis was used primarily by minorities and the lower class. However, this changed in the 1960’s when cannabis became a pastime for millions of America’s youth from the middle class. These users were given the nickname “hippies” and they were said to be part of the countercultural revolution that was aiming to challenge the social and cultural norms, while also protesting controversial government policies. As a result of this revolution, Richard Nixon, who was elected as the President of the United States in 1968, officially declared his War on Drugs, coining him “America’s first drug warrior”. Under his command, the Controlled Substances Act (CSA), otherwise known as the Comprehensive Drug Abuse Prevention and Control Act, was signed in 1970. Under this law, congress sorted drugs into five different categories, with the most dangerous drugs receiving a Schedule I substance status. At this time, cannabis was placed into the Schedule I category after congress determined that the drug had a high abuse potential and no accepted medical uses. Interestingly enough, the CSA of 1970 did not slow cannabis consumption and instead the United States saw a rapid increase in cannabis use throughout the 1970’s.

D.A.R.E – Drug Abuse Resistance Education

After a rapid increase in cannabis use in the 1960’s and 1970’s, some felt as though there was a new demand for drug education. Previously, the tactics for drug education had involved propaganda and other forms of advertisement that were meant to deter children and teens from using drugs by warning them of the extreme dangers associated with drug use, especially cannabis. Ultimately, some politicians and citizens felt as though cannabis was becoming a danger to society and that it needed to be battled in the same ways that people were being deterred from using cocaine and heroin. As such, the Drug Abuse Resistance Education (D.A.R.E) program was created in 1983 to combat the youth drug problem that was impacting Los Angeles. The goal of the program was to use schools as an avenue for educating children about the dangers of drug use. The First Lady, Nancy Reagan, supported this program and in 1984, she began to assist with school drug education by launching the “Just Say No” campaign. By 1986, there was a substantial amount of momentum behind the cause that resulted in a push for more education and a higher budget for these drug prevention programs. As a result, the Anti-Drug Abuse Act of 1986 was passed by congress and with it came a $3.93 billion budget. Shortly after this act was passed, the federal government teamed up with D.A.R.E to help fund the “Just Say No” campaign. In addition to supporting drug education through funding, the act also restored federal prison sentences for those who distributed cannabis on a large scale.

The Start of Legalization

Throughout the remainder of the 1980’s and the beginning of the 1990’s, a social movement was started in San Francisco, California to push for the legalization of medical cannabis. However, because the CSA of 1970 deemed cannabis a Schedule I drug with no medicinal benefits, this was an uphill battle. While those who were using cannabis for medical reasons realized it was not a cure for their diseases, they did recognize that the drug was helping to alleviate their symptoms. As such, even while D.A.R.E was fighting against cannabis using their “Just Say No” campaign, another well represented population in California was pushing against them in search of legalization. After many years of fighting the system, Proposition 215 went to ballot in California and passed with 55.6% of the votes. The passing of this bill is one of the most impactful moments in cannabis legalization history as it was the start of a movement that would forever change the landscape of cannabis for both medicinal and adult-use purposes.

Compassionate Use Act of 2014

While California and many other states were quick to legalize cannabis for medical purposes, Florida took almost two decades to follow suit. However, in 2014, the Compassionate Use Act was approved, which allowed patients to utilize low-THC cannabis for medical purposes. Through the passing of this bill, patients were allowed to consume cannabis as long as it contained less than 0.8% THC and more than 10% CBD. While this bill was enacted in 2014, discussions around medical cannabis started to gain momentum in Florida starting in 2012, when both the House and Senate put forth legislation. However, these bills did not make it through the committees. Similarly, Amendment 2, which would legalize high-THC cannabis for medical purposes was also balloted for the first time in 2014 but did not receive the 60% of votes needed to pass. This, however, would not be the case during the 2016 election.

Amendment 2: Cannabis for Medical Purposes

As previously mentioned, Amendment 2 first went to ballot in 2014 and received 58% positive votes, however, Florida law requires a 60% positive vote, rather than the simple 50% majority, which meant that medical cannabis was not legalized during that election cycle. Patients did however receive access to low-THC products through the Compassionate Use Act, which was approved the same year. Opponents of Amendment 2 expressed concerns regarding some of the wording that was included, which was revised for the 2016 election. Some of these changes included better defining the qualifying medical conditions, clarifying parental consent requirements for minors, and clearly explaining the role licensed physicians would play when recommending medical cannabis. With these changes, the next time Amendment 2 went to ballot, which was in 2016, it passed with 71.3% of the votes. With the passing of Amendment 2, the medical cannabis program in Florida was officially started.

Amendment 3: Cannabis for Adult-Use

Medical cannabis has now existed in Florida for roughly 8 years and the state has approximately 885,000 patients. With the medical program fully established and functioning, Florida is now moving towards the implementation of an adult-use program. If this program goes live, it will be done through the passing of Amendment 3, which will be on the ballot this coming November. If this initiative receives a 60% supermajority vote during the upcoming election, cannabis use will be legalized for those over the age of 21. To learn more about Amendment 3 and the impacts that it will have in Florida, be sure to visit our blog on October 1, 2024.

References:

Anti-Drug Abuse Act of 1986. NCJRS Virtual Library. https://www.ojp.gov/ncjrs/virtual-library/abstracts/anti-drug-abuse-act-1986. 

The Controlled Substances Act. DEA. https://www.dea.gov/drug-information/csa.

Crocq, M.-A. (2020, September). History of cannabis and the endocannabinoid system. National Library of Medicine. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7605027/.

CS/CS/SB 1030 – Cannabis. 2014 Bill Summaries – The Florida Senate. https://www.flsenate.gov/Committees/BillSummaries/2014/html/819.

Drug Scheduling. DEA. https://www.dea.gov/drug-information/drug-scheduling.

Florida Amendment 3, Marijuana Legalization Initiative (2024). Ballotpedia. https://ballotpedia.org/Florida_Amendment_3,_Marijuana_Legalization_Initiative_(2024).

Florida Medical Marijuana Legalization, Amendment 2 (2016). Ballotpedia. https://ballotpedia.org/Florida_Medical_Marijuana_Legalization,_Amendment_2_(2016).

Hudak, J. (2020). Marijuana: A Short History (2nd ed.). Brookings Institution Press.

The Marihuana Tax Act of 1937. https://www.druglibrary.org/schaffer/hemp/taxact/mjtaxact.htm.

Medicinal Cannabis Guidelines. State of California – Department of Justice – Office of the Attorney General. (2022, December 30). https://oag.ca.gov/medicinal-cannabis.

Narcotics Enforcement in the 1930s. DEA Museum. https://museum.dea.gov/exhibits/online-exhibits/anslinger/narcotics-enforcement-1930s.

Office Of Medical Marijuana Use – Florida’s Official Source for Medical Use.https://knowthefactsmmj.com/.