Schaffer Library of Drug Policy

The Origins of Cannabis Prohibition in California

by Dale H. Gieringer
Introduction
Early History Of Cannabis In California
The First Stirrings Of Cannabis Prohibition
The Advent of Marijuana
Conclusion: Prohibition a Bureaucratic Initiative
State & Local Marijuana Laws, Pre-1933
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Page 18

Cannabis was ultimately dropped from the Harrison Act in May, 1913; federal legislation would wait until the 1937 Marijuana Tax Act.72

Meanwhile, the issue was left to the states. Thence it was snatched up by a singular figure on the California State Board of Pharmacy, Henry J. Finger,73 dubbed "the author of California's pharmacy law regulating sale of poisons."74 An active figure in state Republican politics, Finger was one of the original appointees to the state’s first board of pharmacy in 1891. He served until 1922, taking a special interest in enforcement issues. Though a pharmacist by training, Finger became known as the “lawyer” of the board for his work in drafting legislation, such as the Itinerant Vendor Law against patent medicine peddlers (1903).75 He lost his seat for one term due to a scandal, in which he and other board members were accused by Hearst’s San Francisco Examiner of irregularities and favoritism in licensing pharmacists.76 Thanks to excellent political connections, he was reappointed by Gov. Gillett in 1909. He became active on the board’s Legal and Complaint Committee in charge of narcotics, where he championed vigorous and aggressive enforcement techniques.77 Although highly unpopular with fellow pharmacists, Finger’s efforts won favorable attention in higher circles. With a recommendation from Sen. Perkins and the brother of Secretary of State Philander Knox, he was appointed as one of three


72 David Courtwright, Dark Paradise: Opiate Addiction in America Before 1940 (Harvard Univ. Press, Cambridge MA 1982) , p.105.

73 Henry James Finger (1853-1930) was born of German parents in San Francisco. After clerking in a Redwood City drugstore, he entered the first class of the California College of Pharmacy at the age of 17, but was unable to complete his studies due to lack of funds. In 1872 he repaired to Santa Barbara, where he established his own pharmacy business, catering to a large and growing clientele from 1875 to 1890. He was forced to discontinue the practice of pharmacy because of a “stubborn siege” of an unspecified chronic illness. Active in Republican politics, he served for three years as county coroner and public administrator. In 1891, he was appointed by Gov. Markham to the first State Board of Pharmacy; six years later, he lost his seat when Gov. Budd, a Democrat, replaced the Board, but he was re-appointed under the Republican administration of Gov. Gage in 1901. Finger’s retirement from active professional practice and support for aggressive enforcement made him unpopular among pharmacists. He showed a keen interest in having his expenses compensated, and was accused but exonerated of padding his expense account in a 1904 Board scandal. He was attentive to the ladies but opposed women’s suffrage. He was a member of the Progressive Republicans, the Odd Fellows, and the Unitarian church. He retired from the Board in 1922. According to Who’s Who in California, 1928 -29, he authored “numerous papers and published addresses” on narcotics policy; unfortunately, he left no collected papers, and some of his writings appear to have been lost. Facts about Finger’s early life are from James M. Guinn, Historical and Biographical Record of Southern California (Chapman Co., Chicago 1902).

74 This epithet appears in Who’s Who in California, 1928-9; similarly the Pacific Drug Review 27(12):26 (December 1915). However, it should be noted that Finger was absent from the board when the crucial 1907 poison amendments regarding narcotics were adopted.

75 F.T. Herrick, “The Inebriate Law in Operation,” California Bulletin of Charities and Corrections 1:11 (Nov. 1911).

76 An official investigation eventually exonerated the Board, but Gov. Pardee declined to reappoint the tainted members, specifically resisting repeated appeals to re-appoint Finger. Private communications in Finger’s appointment file accuse him of dishonesty, favoritism and accepting money for pharmacy licenses: Gov. George Pardee Papers, Appointment application letters, Box 3, Bancroft Library, U. California, Berkeley. The story of the scandal is told in the San Francisco Examiner Aug. 17-24, 1904 and the Call Aug. 17-24 and Dec. 30, 1904.

77 “Hon. H.J. Finger Addresses V.C.P. Students on Harrison Act and State Poison Laws, February 13th,” The Drug Clerk’s Journal 7(6):20 (March 1918).

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