“Hemp is of first necessity to the wealth & protection of the country.” – Thomas Jefferson
Cannabis prohibition started with the Marihuana Tax Act of 1937
, signed into law by Franklin D. Roosevelt, which placed a tax on the sale of cannabis (taxation is theft). The 1969 Supreme Court case of Leary v. United States
overturned this act. Timothy Leary
was a professor and activist who focused on psychology and psychedelic drugs and was arrested for violating the Marihuana Tax Act in Texas. Fighting his prosecution, he won a landmark victory in protecting everyone’s rights by proving the government was violating the Fifth Amendment of the Constitution. However, shortly after this Supreme Court decision the Federal Government enacted the Controlled Substances Act in 1971
which created five classification schedules for various substances and ranging in restrictions, Schedule I
being the most restrictive and heavily enforced. Cannabis, hemp (high CBD) and marihuana/marijuana (high THC), is listed as a Schedule I which is heavily enforced by the Federal Government. The Controlled Substances Act also lead to the creation of the Drug Enforcement Administration and Food and Drug Administration which is the enforcing body of the Federal Government when dealing with substances.
The Controlled Substances Act has been modified close to a dozen times over the past 50 years. A small handful of politicians have attempted to decimalize industrial hemp, it is still illegal federally. Many states have made industrial hemp legal. Barak Obama signed the Agricultural Act of 2014
into law that stated universities and state departments could grow and cultivate industrial hemp. The Supreme Court case Gonzales V. Raich 545 U.S. 1 (2005)
ruled that the Congress can criminalize cannabis, based on the Commerce Clause in the Constitution, even if states view cannabis as legal. California was the first state in the U.S. to legalize marijuana for medical use. When we had less enforcement, we had fewer deaths and crime. The criminalization of drugs, the direct and indirect actions of the government, has led to a significant increase in deaths (tainted drug overdoses, murders, etc.). The more we are “protected” by the government the greater we are at risk of injury and death.
Federal Regulations on Advertising Cannabis
- No write-offs
- No radio (does not include Internet radio)
- No advertising to minors (under 21)
- No over glamorization
- No false advertising and lies