Marihuana: A Signal of Misunderstanding
Commissioned by President Richard M. Nixon, March, 1972
Addendum
The previous Chapter recommended a social policy oriented toward the discouragement
of marihuana use and presented a set of proposals for the legal implementation of
that policy. In addition to these legal recommendations for federal, and state action,
the Commission believes certain other recommendations should be presented for action.
Ancillary Recommendations
These recommendations are presented in three categories: (1) legal and law enforcement,
(2) medical, and (3) other. Some of these recommendations apply to other drugs as
well and will be discussed further in our second Report. However, we consider it
useful to make recommendations now so that policy planners can be informed of the
implications of what has been studied to date.
Foremost among the Commission's conclusions is a need for consistency between federal
and state laws affecting marihuana distribution and use, and uniformity of marihuana
laws among the states. The administration of all marihuana laws must be mutally
reenforcing so that total governmental response to marihuana is both equitable and
understandable.
Legal and Law Enforcement Recommendations
1. Federal
RECOMMENDATION: FEDERAL LAW ENFORCEMENT AGENCIES, ESPECIALLY THE BUREAU OF NARCOTICS
AND DANGEROUS DRUGS AND THE BUREAU OF CUSTOMS, SHOULD IMPROVE THEIR STATISTICAL
REPORTING SYSTEMS SO THAT POLICIES MAY BE PLANNED AND RESOURCES ALLOCATED ON THE
BASIS OF ACCURATE AND COMPREHENSIVE INFORMATION.
In an effort to obtain information relating to enforcement of the marihuana laws
including arrest, prosecution, sentencing and conviction data, the Commission found
that sufficient information was available about prosecution and court action, but
not about the activities of the law enforcement agencies. We were confronted by
and large with inadequate statistical information and little or no in-depth evaluation.
The statistical reporting procedures of the Bureau of Narcotics and Dangerous Drugs
and the Bureau of Customs are not uniform, making it extremely difficult to assess
the effectiveness of the two principal drug enforcement agencies of the Federal
Government. The Bureau of Narcotics and Dangerous Drugs keeps centralized files
but the Bureau of Customs maintains its files on a regional basis. In both Bureaus,
statistical information is kept only in its raw form; that is, number of arrests,
number of seizures and so on. Very little analysis exists of the procedures leading
to arrest, of the characteristics of persons arrested, and of the law enforcement
strategies involved in the arrest. For law enforcement personnel to understand more
fully how they are carrying out their functions so that internal assessments of
particular policies can be made, sophisticated statistics must be maintained.
Both the Bureau of Narcotics and Dangerous Drugs and the Bureau of Customs are aware
of these problems. Both were extremely helpful to the Commission and its research
staff in seeking useful information from the mass of raw statistics. However, the
information from the available statistics is incomplete and of limited utility for
policy planning purposes.
In support of this priority recommendation, Congress is urged to provide additional
and adequate funding for this area, at the same time requiring both agencies to
utilize a common reporting system so that information can be more easily shared
between them.
In addition, it is recommended that the Federal Bureau of Investigation, in its
Uniform Crime Reports, requests the state agencies to identify marihuana cases separately
from narcotic cases and report them as a separate component.
RECOMMENDATION: THE FEDERAL BUREAU OF NARCOTICS AND DANGEROUS DRUGS SH0ULD INCREASE
ITS TRAINING PROGRAMS OF STATE AND LOCAL POLICE WITH SPECIAL EMPHASIS ON THE TRAINING
IN THE DETECTION OF TRAFFICKING CASES.
The Commission's interviews with state and local police, officials revealed a consistent
desire to upgrade the quality of their investigations. Since the Federal Bureau
of Narcotics and Dangerous Drugs, through its National Training Institute, has been
performing this task well, it is recommended that the funds be granted by the Congress
to extend the range of the educational program offered and increase the number of
persons trained.
RECOMMENDATION: INCREASED BORDER SURVEILLANCE, A TIGHTENING OF BORDER PROCEDURES,
AND A REALISTIC ERADICAT10N PROGRAM TO DIMINISH THE SUPPLY OF DRUGS COMING INTO
THE COUNTRY, COUPLED WITH A MORE EFFECTIVE PROGRAM FOR DIMINISHING THE DOMESTIC
PRODUCTION AND DISTRIBUTION OF MARIHUANA, ARE REQUIRED.
The Commission, as part of its mandate, studied drug trafficking patterns along
the borders of the United States. An analysis of border marihuana seizures was also
made. The results of both studies indicated that proportionately larger seizures
were made along the borders at locations where, there were no manned checkpoints.
The Commission therefore recommends that more vigorous effort be made by federal
agencies to interdict smugglers along the entire border while continuing their efforts
at the formal checkpoints.
In discussions with representatives of other countries, a common observation made
by foreign officials has been this country's somewhat indifferent attitude about
the eradication of our home-grown marihuana, an attitude that is not appreciated
by other countries wider pressure from the United States to destroy their crops.
Since this Administration has wisely made illicit trafficking in all drugs a foreign
policy priority, we recommend that priority be supported by an equally assiduous
effort to eradicate marihuana within our borders.
We recommend further that preclearance procedures be eliminated so that Customs
personnel may more effectively control smuggling of marihuana and other drugs. Preclearance
is a procedure whereby passengers and their baggage destined for the United States
are inspected by U.S. Customs, Immigration and Agriculture officials prior to departure
from a foreign location. This practice is in effect in Bermuda, Montreal, Nassau,
Toronto, Vancouver, Winnipeg and the Virgin Islands. Other locations are petitioning
for the same privilege.
An inherent weakness in the preclearance procedure is that Customs personnel stationed
outside the United States have no authority for search, seizure and arrest. This
fact is well-known to the professional smuggler who uses it to his advantage. Since
we have been informed that preclearance creates a gap in Customs' interdiction process,
reason dictates that the procedure be eliminated in the interest of tighter control.
H. State
RECOMMENDATION: ALL STATES SHOULD ADOPT THE UNIFORM CONTROLLED SUBSTANCES ACT TO
ACHIEVE UNIFORMITY WITH REGARD TO MARIHUANA AND OTHER DRUG LAWS, WITH THE EXCEPTION
THAT THE LEGAL RESPONSE TO POSSESSION FOR ONE'S OWN USE BE UNIFORMLY ADOPTED IN
ACCORDANCE WITH OUR RECOMMENDATION IN CHAPTER V OF THIS REPORT.
As noted earlier, one of the greatest needs in the entire drug area is uniformity
of state laws with regard to structure and penalties. While this recommendation
applies to all drugs and not just marihuana, we feel it essential to make this recommendation
now to help deemphasize the marihuana problem. Significant differences in penalties
among the states constitute a valid source of irritation and conflict among various
segments of our population. In an age of high mobility, it is unconscionable that
penalties should vary so greatly in response, to the same behavior.
RECOMMENDATION: EACH STATE SHOULD ESTABLISH A CENTRALIZED COMPULSORY REPORTING AND
RECORD-KEEPTNG AUTHORITY SO THAT ADEQUATE AND ACCURATE STATISTICS OF ARRESTS, SENTENCES
AND CONVICTIONS ON A STATEWIDE BASIS ARE AVAILABLE.
Several states have systems for maintaining records of drug arrests on a statewide
basis. Accurate reporting and compilation of these cases permit the state to assess
accurately the impact of law enforcement on drug offenders. The Law Enforcement
Assistance Administration of the Department of Justice should assist the states
to establish compulsory statistical reporting centers so that individual state needs
are met and a clearer picture of the national trends can be, ascertained. Efficient
state record-keeping will have an additional benefit of increasing the reliability
of the Uniform Crime Reports compiled by the Federal Bureau of Investigation.
RECOMMENDATION: THOSE STATES REQUIRING PHYSICIANS TO REPORT DRUG USERS SEEKING MEDICAL
ASSISTANCE SHOULD CHANGE SUCH REQUIREMENTS TO INSURE THE CONFIDENTIALITY OF THE
DRUG USER'S IDENTITY, SO THAT PERSONS NEEDING MEDICAL HELP WILL FEEL FREE TO SEEK
IT.
Seventeen states* currently require physicians to report to a government agency
information on those persons treated by them who are dependent on, or are habitual
users of drugs. No common pattern emerges among these states.
*California, Connecticut, Hawaii, Idaho, Iowa, Massachusetts, Michigan, Montana,
Nebraska, New Jersey, New Mexico. New York, North Carolina, Pennsylvania, Vermont,
Virginia, Washington.
After reviewing these statutes, the Commission believes that the disadvantages of
maintaining such reporting systems outweigh the benefits to society or the individual.
Fear of disclosure to the police discourages many persons front seeking needed medical
help. Furthermore, the requirement makes the physician an informant and an agent
of law enforcement.
While a need exists for reliable statistics regarding the number and nature of those
persons being treated, the Commission does not feel that identification of the individual
user is necessary. We again emphasize that society should encourage persons in need
of medical attention to seek out authorized practitioners without having to fear
legal repercussions for such action.
III. International
RECOMMENDATION: IF THE UNITED STATES SHOULD BECOME A SIGNATORY OF THE PROPOSED PSYCHOTROPIC
CONVENTION, WE RECOMMEND THAT CANNABIS BE REMOVED FROM THE EXISTING SINGLE CONVENTION
AND CONSIDERATION BE GIVEN TO LISTING IT IN THE PSYCHOTROPIC CONVENTION AMONG DRUGS
WHICH HAVE SIMILAR EFFECTS.
Under the Single Convention on Narcotic Drugs, 1961, of which the United States
became a signatory in 1967, cannabis, with the exception of its leaves and stems,
is included with narcotic drugs and cocaine. While that categorization had some
justification in 1961 when knowledge about marihuana was more, limited, this justification
no longer exists. More importantly, tetrahydrocannabinol (THC), the psychoactive
ingredient in cannabis, is not included in the Single Convention and is proposed
for inclusion in the Psychotropic Convention.
The Commission sees little sense in having the potent psychoactive ingredient in
cannabis covered in one Convention and the natural supplying data from its major
foreign studies of chronic cannabis users in Jamaica and Greece. For medical research
purposes, an analysis of data derived from populations in other countries with 10,
20 or 30 years of experience with heavy marihuana use will provide useful information
about probable consequences if the, incidence of marihuana use in the United States
were to continue and increase, and if more people engaged in heavy, long term use.
IV. Therapeutic Uses
RECOMMENDATION: INCREASED SUPPORT OF STUDIES WHICH EVALUATE THE EFFICACY OF MARIHIUANA
TN THE TREATMENT OF PHYSICAL IMPAIRMENTS AND DISEASE IS RECOMMENDED.
Historical references have been noted throughout the literature referring to the
use of cannabis products as therapeutically useful agents. Of particular significance
for current research with controlled quality, quantity and therapeutic settings,
would be investigations into the treatment of glaucoma, migraine, alcoholism and
terminal cancer. The NIMII-FDA Psychotomimetic Advisory Committee's authorization
of studies designed to explore the therapeutic uses of marihuana is commended.
V. Community-Based Treatment
RECOMMENDATION: COMMUNITY-BASED TREATMENT FACILITIES SHOULD BE PROMOTED IN CARlNG
FOR PROBLEM DRUG USERS UTILIZING EXISTING HEALTH CENTERS WHEN POSSIBLE AND APPROPRIATE.
In studying marihuana, the Commission has obtained information about a number of
treatment centers and services. The wide range of agencies and the variety of goals
and techniques present a confusing array of services available to drug users, varying
widely in their effectiveness. Uniform criteria for evaluating the "success"
of these programs is urgently needed.
The medical members of the Commission believe that some of the techniques being
used may pose as much potential harm as good. Many young people who are experiencing
profound difficulties resulting from the use of drugs may suppose they are being
treated and helped, when in reality they are not. In some cases, the short-term
benefit may be disruptive to the long-term welfare of the individual. In the rush
to provide treatment facilities, many programs have been given impressive credentials
without meeting minimal medical standards. It is essential that treatment facilities
have, as their primary orientation, the well-being of the individual under treatment.
VI. Training Programs
RECOMMENDATION: PUBLIC HEALTH COURSES ON THE SOCIAL ASPECTS OF DRUG USE SHOULD BE
INCLUDED IN THE CURRICULA OF THE SCHOOLS OF THE HEALTH PROFESSIONS.
The Commission recommends that schools of the health professions include in their
curricula courses on the social, public health and therapeutic aspects of drug use
as appropriate to the educational purpose of the individual school. The National
Survey indicated that the public views the family physician as an important source
of information about drugs. Next to school personnel, physicians were mentioned
most often in this connection. Persons involved in the health professions must be
provided with information about nonmedical as well as the medical aspects of drug
use.
Other Recommendations
1. Reclassification of Cannabis
RECOMMENDATION: THE COMMISSION RECOGNIZES THAT SEVERAL STATE LEGISLATURES HAVE IMPROPERLY
CLASSIFIED MARIHUANA AS A NARCOTIC, AND RECOMMENDS THAT THEY NOW REDEFINE MARIHUANA
ACCORDING TO THE STANDARDS OF THE RECENTLY ADOPTED UNIFORM CONTROLLED SUBSTANCES
LAW.
Scientific evidence has clearly demonstrated that marihuana is not a narcotic drug,
and the law should properly reflect this fact. Congress so recognized in the Comprehensive
Drug Abuse Prevention and Control Act of 1970, as did The Conference of Commissioners
on Uniform State Laws in the Uniform Controlled Substances Law.
In those states where the Uniform Controlled Substances Law has not yet been adopted,
twelve of which continue to classify marihuana as a "narcotic", the Commission
recommends that the legislatures distinguish marihuana from the opiates and list
it in a separate category. The consequence of inappropriate definition is that the
public continues to associate marihuana with the narcotics, such as heroin. The
confusion resulting from this improper classification helps to perpetuate prejudices
and misinformation about marihuana.
II. Information
RECOMMENDATION: A SINGLE FEDERAL AGENCY SOURCE SHOULD DISSEMINATE INFORMATION AND
MATERIALS RELATING TO MARIHUANA AND OTHER DRUGS. THE NATIONAL CLEARINGHOUSE FOR
DRUG ABUSE INFORMATION SHOULD BE CHARGED WITH THIS RESPONSIBILITY.
A great proliferation of drug information materials has occurred in recent years.
These, materials are currently distributed by a number of federal agencies. Some
of these materials conflict with each other. The result is a confusion and uncertainty
on the part of the, public about the accuracy of all these statements. The public
should have one federal source from which to obtain drug information. The National
Clearinghouse for Drug Abuse Information appears best suited to perform this task.
III. Education
RECOMMENDATION: THE SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION IN THE WHITE
HOUSE SHOULD BE RESPONSIBLE FOR THE COORDINATION, DEVELOPMENT AND CONTENT REVIEW
OF ALL FEDERALLY-SUPPORTED DRUG EDUCATIONAL MATERIALS ANT) SHOULD ISSUE A REPORT
AS SOON AS POSSIBLE, EVALUATING EXISTING DRUG EDUCATION MATERIALS.
The Commission has studied many programs of drug education throughout the country.
Some are irrelevant, others are poorly designed, still others are misleading, and
a good many of them are, of questionable value. A few are excellent. The Federal
Government must provide assistance to the states and school districts in this matter,
and should provide the leadership in developing sample programs in cooperation with
educational systems. An evaluation of existing programs by The Special Action Office
for Drug Abuse Prevention of the White House could be very helpful in improving
the standards of drug education.
IV. Voluntary Sector Participation
RECOMMENDATION: THE COMMISSION NOTES THE SIGNIFICANT ROLE PLAYED BY THE VOLUNTARY
SEC TOR OF THE AMERICAN COMMUNITY IN INFLUENCING THE SOCIAL, RELIGIOUS AND MORAL
ATTITUDES OF OUR NATION'S CITIZENS AND RECOMMENDS THAT THE VOLUNTARY SECTOR BE ENCOURAGED
TO TAKE AN ACTIVE ROLE IN SUPPORT OF OUR RECOMMENDED POLICY OF DISCOURAGING THE
USE OF MARIHUANA.
Already very active in drug education and prevention activities, the social agencies,
service clubs, church groups, and other non-governmental bodies have, been extremely
helpful in attending to the difficult problems of drug abuse. The local and personal
nature of such organizations gives them an advantage over state and federal governments
in the development of attitudes by our citizens.
The policy which we here recommend, indeed any policy which might be recommended,
will inevitably encounter widespread and earnest objections. The fullest efforts
of all citizens of good will be required to attend to the, massive problem of drug
abuse in a calm, just, responsible and effective manner. The help of the voluntary
agencies in working toward this end is earnestly invited and urgently needed.