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|Major Studies of Drugs and Drug Policy|
|The Forbidden Fruit and The Tree of Knowledge, An Inquiry into the Legal History of Marijuana Prohibition|
VIRGINIA LAW REVIEW
VOLUME 56 OCTOBER 1970 NUMBER 6
THE FORBIDDEN FRUIT AND THE TREE OF KNOWLEDGE: AN INQUIRY INTO THE LEGAL HISTORY OF AMERICAN MARIJUANA PROHIBITION
Richard J. Bonnie* & Charles H. Whitebread, II**
'Assistant Professor of Law, University of Virginia. B.A., 1966, Johns Hopkins University; LL.B., 1969, University of Virginia.
"Assistant Professor of Law, University of Virginia. A.B., 1965, Princeton University; LL.B., 1968, Yale University.
Zip File of the entire report - about 217K
Mr. Snell. What is the bill?
Mr. Rayburn. It has something to do with something that is called marihuana. I believe it is a narcotic of some kind.
Colloquy on the House floor prior to passage of the Marihuana Tax Act.
We wish to express our sincere appreciation to the students who assisted us in the preparation of the tables at Appendix A. Because the drug statutes of the several states are particularly confusing and difficult to find, and because so many jurisdictions have recently changed their drug laws, the preparation of the chart required long, tedious work which so many were kind enough to perform. To them, our most sincere thanks.
We should like to thank especially Michael A. Cohen, John F. Kuether, W. Tracey Shaw, Alan K. Smith, and Allan J. Tanenbaum, all students at the University of Virginia School of Law, whose research assistance and tireless effort were invaluable.
We are particularly indebted to Professor Jerry Mandel who supplied us with much of the raw data used in the historical case studies in this Article. In his excellent article on drug statistics in the Stanford Low Review, Problems with Official Drug Statistics, 21 STAN. L. REV. 991 (1969), Professor Mandel suggested in a footnote that someone should attempt a history of the passage of anti-marijuana legislation. We have followed his suggestion and earnestly hope that our product will fill this gap.
A modified and expanded version of this Article will be published in book form in the spring of 1971.
TABLE OF CONTENTS
II. THE ANTECEDENTS: CRIMINALIZATION OF NARCOTICS AND ALCOHOL
III. THE GENESIS OF MARIJUANA PROHIBITION
IV. PASSAGE OF THE UNIFORM NARCOTIC DRUG ACT: 1927-1937
V. PASSAGE OF THE MARIHUANA TAX ACT OF 1937
VI. THE 1950's: HARSHER PENALTIES AND A NEW RATIONALE-THE "STEPPING STONE" THEORY
VII. MARIJUANA USERS IN THE COURTS: 1930-1965
VIII. THE PUBLIC DISCOVERS THE TRUTH ABOUT MARIJUANA
IX. MARIJUANA LEGISLATION CLASHES WITH JUDICIAL SKEPTICISM AND EMERGING VALUES-PIECEMEAL JUDICIAL RESPONSE: 1965-1970
X. THE HEART OF THE MATTER-SUBSTANTIVE CONSTITUTIONAL CHALLENGES TO THE MARIJUANA LAWS: 1965-1970
XI. LEGISLATIVE RECONSIDERATION: 1965-1970
XII. CONCLUSION: BEFORE THE FALL
APPENDIX A. STATUTORY TABLES
APPENDIX B. BIBLIOGRAPHY
From The Marijuana Conviction by Richard J. Bonnie & Charles H. Whitebread U. of VA Press 1974
CHAPTER V Marihuana Becomes a "National Monster"
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Major Studies of Drug and Drug Policy
Marihuana, A Signal of Misunderstanding - The Report of the US National Commission on Marihuana and Drug Abuse
Licit and Illicit Drugs
Short History of the Marijuana Laws
The Drug Hang-Up
Congressional Transcripts of the Hearings for the Marihuana Tax Act of 1937
Frequently Asked Questions About Drugs
Basic Facts About the Drug War
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Guide to Heroin - Frequently Asked Questions About Heroin
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Drug Abuse Treatment Resource List
American Society for Action on Pain
Let Us Pay Taxes
Marijuana Business News
Reefer Madness Collection
Medical Marijuana Throughout History
Drug Legalization Debate
Legal History of American Marijuana Prohibition
Marijuana, the First 12,000 Years
DEA Ruling on Medical Marijuana
Legal References on Drugs
GAO Documents on Drugs
Response to the Drug Enforcement Agency
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