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Marijuana Tax Act

Side Effects May Include…

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For thousands of years the cannabis plant was used medicinally throughout the world.  It is even mentioned in the Pen-ts’ao Ching, the world’s oldest pharmacopeia.  This dates back to 2000BC and is listed as a treatment for malaria, beriberi, constipation, rheumatic pains and female disorders.  It was a standard item in any physician’s black bag until the Marijuana Tax Act of 1937 outlawed it.  Also around this time, the chemical-based pharmaceutical industry began its reign over medicine.  Men had relied on herbs and tonics, with mixed results, for a long time. The scientific method combined with modern industrial practices led to codifying medicines.  In 1928, Alexander Fleming discovered penicillin and soon after, other doctors were able to reproduce it in quantity.  The treatment of infections with antibiotics was a breakthrough that changed the face of medicine and disease.  The pharmaceutical industry was growing in leaps and bounds; recommended dosages were effective, and people were relying less on home remedies.  As is the case with any company providing a needed product, the pharmaceutical industry has grown into a multi-billion dollar global industry that supplies everything from baby aspirin to cancer treatments and antidepressants.

Despite the successes of the industry, there are a few shortcomings to modern medicines.  Most medications take a targeted approach.  For a bladder infection, doctors recommend one drug; for chest pains they offer another.  It seems as though they shy away from holistic approaches to health, preferring to stick band-aids on all the little problems instead of treating the underlying causes of disease.  For depression a physician may prescribe Prozac or Zoloft.  It helps a person get through the day, maybe. But when the drug wears off, the patient is still depressed.  And then of course, comes the fine print. At the end of every tv commercial for a pharmaceutical comes those four words, “Side effects may include…” And most of the time those side effects sound worse than the ailment itself.  Lunesta (eszopiclone) is a sleep aid medication.  Some possible side effects aren’t so bad, like dizziness, lightheadedness and loss of coordination. That is to be expected from something that will put you to sleep.  How do these sound, heartburn, decreased sexual desire, painful menstrual periods, or breast enlargement in males?  Is sleep really that important (yes it is) but who wants to risk hives, rashes, swelling of extremities, difficulty breathing or swallowing?  A good thump on the head will put you out for the night too.

Prozac (Fluoxetine) is one of the most commonly prescribed antidepressants by physicians and psychiatrists.  It is used for treating depression, obsessive-compulsive disorders, and eating disorders and others.  It also has some very serious side effects, especially in younger patients up to 24 years of age.  In younger people it can occasionally cause worse depression, aggressive behavior, self-harming, panic attacks, frenzied excitement and thoughts of suicide.  How is that helpful to someone who is depressed?  Other “regular” side effects can include nausea, dry mouth, weakness, uncontrollable shaking, hives, fever, joint pain, swelling of extremities including head and neck.  Those symptoms don’t help alleviate depression.

NSAIDs (NonSteroidal Antiinflammatory Drugs) are a class of drugs that have many uses and can be quite effective.  Advil (ibuprofen) is probably the most common one utilized by Americans.  NSAIDs are used to treat inflammation, mild to moderate pain, and fever.  It’s great for headaches, arthritis, sports injuries and even menstrual cramps.  Another commonly prescribed NSAID is Mobic (meloxicam) and in low doses is also good for long-term use on aggravating injuries from sports such as mild rotator cuffs or ligament sprains.  But these drugs also have their drawbacks.  It’s interesting that they can cause diarrhea, or constipation hitting both sides of that spectrum.  Other effects may include fast heartbeat, nausea, pale or yellowing skin, tiredness, ulcers, cloudy or bloody urine.  They can also cause random death due to heart attack or stroke, because of how it effects blood and clotting.

Actiq (Fentanyl Transmucosal) is a pain medication often given to cancer patients, or others suffering from long-term pain.  It is used as a “breakthrough pain” reliever; that means a patient will be on some other pain medication but if the suffering spikes this is administered in conjunction to “rescue” the patient and bring the pain down to tolerable levels.  A drug such as this one must be carefully administered because patients are usually on many other medications and doctors must be wary of interactions and synergy effects.  Its side effects are also numerous, including (but not limited to) nausea, constipation, trouble walking, vomiting, fever, exhaustion, muscle aches, loss of appetite, hallucinations, and death from overdose.

So, those are just a few of the many thousands of drugs that modern science has given to the world.  As a species are we much better off having them?  It seems that we are unfortunate that so many that  seem meant to give life back, on the one hand, so easily can take it away as well.

Marijuana also has its side effects.  They include the munchies, which are uncontrollable appetite urges, particularly towards sweets.  This can be laughable, but can have serious effects on some users.  More sedentary users may find themselves with significant weight gain and at higher risk for diabetes.  There is no chance for death by overdose; people have tried but they fall asleep long before they hit the L.D. 50.  But it does increase the chance of accidents and injury because it effects motor control, balance, and perception of external stimuli.   Anytime a person is “under the influence” of marijuana or other drug with neurological effects, they should avoid driving or operating heavy machinery.  The side effects of marijuana pale in comparison to the prescription drugs on the market.  The range of treatments marijuana can be used for seems to be growing everyday, without the surprise unknown side effects which can be hidden in fine print until an unfavorable statistic makes it news.  But that time the damage is usually done.

When it comes to any kind of medication, know what you are taking.  Be aware of possible side effects and interactions with other medications or chemicals in your body.  And if a doctor gives a warning about something, you should generally listen them.

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1956, a Grave Injustice

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One of the more infamous events in drug law history was the passage of the Narcotic Control Act in July of 1956.  One of its many effects was the introduction of mandatory minimum sentences for possession, distribution and trafficking of drugs, particularly Marijuana.  At this time, Marijuana was still highly castigated by the majority of the US population, especially those eager-to-please, power-hungry politicians.  Henry J Anslinger (the man behind the Marijuana Tax Act of 1937) was still the drug czar of the era, and although this bill was not his brain-child, he certainly championed it as it gave enormous power to his organization (the Federal Bureau of Narcotics).  Interestingly enough, some members of the Federal bureaucracy (those in law enforcement) were against this because it gave so much power to a sub-department of the Treasury Department.  Some of its provisions wanted bureau agents to carry firearms and serve warrants.  It also allowed them to make arrests and obtain wiretaps without warrants.

In the 1950’s, “narcotic” drug use was ramping up in the United States.  Also, it was a time where the first congressional hearings were broadcast on television.  These Senate hearings discussed organized crime and its continued rise in power.  Where was this stemming from? More money = more power, and the crime lords were making vast swaths of money in drug trafficking, specifically heroin, cocaine and marijuana.  For a quick tutorial on this, take a few minutes to check out The Godfather.  There’s a great scene where the Dons of the Five Families get together and discuss how they will make peace between themselves and carve out their empires by building on drug revenue.  Some were against drug sales due to moral objections (although they had no problem with gambling, prostitution and protection rackets) while others saw an untapped market just waiting to explode.  Well, the entrepreneurs were right and drugs were indeed the wave of the future.  It only takes a little taste to get most users hooked.  So, a lot of society’s members were legitimately worried about this rising tide.  It was a pity that Marijuana got caught up with the much more dangerous drugs, but alcohol and tobacco were once again ignored.

Let’s get to the meat-and-potatoes of this bill.  It “increased the minimum and maximum penalties for all drug offenses to 1-10 years, 5-25 years, and 10-40 years for succeeding convictions; increased the fine in an categories to $20,000; and imposed 5-20 years upon first conviction for any smuggling or sale violation, and 10-40 years thereafter, with a separate penalty of 10-40 years for any sale or distribution by a person over eighteen to a minor, and from ten years to life, or death when a jury so recommended, if the drug was heroin.  All discretion to suspend sentences or grant probation, and all parole eligibility-generally available to anyone convicted under any other federal criminal law-were prohibited except for first offenders convicted of possession only.”  By removing the chance for parole, inmates had no incentive to reform their behavior and become functional members of society.  Furthermore, the law required that anyone convicted of drug crimes must register and receive special licenses to exit and enter any borders of the United States. Failure to comply with this provision led to fines and further imprisonment.  There are a few more caveats to this piece of legislation; if there are any interested people, that information can be found here.

This law stood until it was thankfully overturned in 1970.  It led to many thousands of arrests and incarcerations.  Many of the convicted were young offenders and served the majority of their lives in jail, if they lived long enough to be released.  There were a lucky few who were pardoned by President Kennedy in 1962, but there were very few.

Surprised, horrified, and/or upset by this tidbit of history? Well, there’s plenty more where that came from. Luckily this law is gone, but the Marijuana community has many more battles to fight before they can declare victory.

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Four Americans Still Receive Marijuana From Federal Government

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The Marijuana Tax Act, which made the sale possession and cultivation of marijuana illegal under federal law was instituted in 1937. The passage of this billed was aided with the success of the propaganda laced “Reefer Madness” film. Of course this has been common knowledge for a long time. Or is it?

Surprisingly, four individuals do in fact receive marijuana from the federal government. In 1976, a court settlement was reached resulting in 14 people being able to receive high quality medical marijuana from the federal government. The program is not often discussed in the mainstream and the government has likely wanted to keep it this way for past 35 years. Like anyone in politics, the federal government has a past, or an embarrassing cousin they do not want us to meet. With states legalizing marijuana and federal raids, the government does not want us to think there was a time where they had a free spirited youth.

This story is not new, in fact it is 35 years old. This is like finding out your spouse has been leading a secret life. The subject hit news recently as a 72 year old woman from Oregon was pulled over and informed state troopers that her marijuana was issued by the federal government. They held obvious skepticism to the woman’s claim, but after follow up through proper channels, realized she was telling the truth.

With more research pouring in on the therapeutic/medicinal value of cannabis and the economic relief that accompanies decriminalization, the federal government’s position on marijuana has already been greatly weakened. To now see that the federal government has the ability to cultivate, monitor, and distribute the very medicine they have preached against devastates their case. The feds say there is no contradiction here but that seems to be a difficult sale considering the facts. Can this create momentum for marijuana decriminalization/legalization? Will the federal government consider expanding an already existing program? Or will they just try to straighten out their story and continue to put a strain on tax dollars?

DrugLibrary.org | Marijuana Tax Act of 1937

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