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The Online Reefer Madness Teaching Museum
American Medical Association Opposes
the Marijuana Tax Act of 1937
American Medical Association
Bureau of Legal Medicine and Legislation
Chicago, July 10, 1937
Hon. Pat Harrison
Chairman, Committee on Finance, United States Senate
Washington D.C.
SIR: I have been instructed by the board of trustees of the American Medical
Association to protest on behalf of the association against the enactment in its
present form of so much of H.R. 6906 as relates to the medicinal use of cannabis
and its preparations and derivatives. The act is entitled "An Act to impose
an occupational excise tax upon certain dealers in marihuana, to impose a
transfer tax upon certain dealings in marihuana, and to safeguard the revenue
there from by registry and recording."
Cannabis and its preparations and derivatives are covered in the bill by the
term "marihuana" as that term is defined in section 1, paragraph (b).
There is no evidence, however, that the medicinal use of these drugs has caused
or is causing cannabis addiction. As remedial agents, they are used to an
inconsiderable extent, and the obvious purpose and effect of this bill is to
impose so many restrictions on their use as to prevent such use altogether.
Since the medicinal use of cannabis has not caused and is not causing addiction,
the prevention of the use of the drug for medicinal purposes can accomplish no
good end whatsoever. How far it may serve to deprive the public of the benefits
of a drug that on further research may prove to be of substantial value, it is
impossible to fores
The American Medical Association has no objection to any reasonable
regulation of the medicinal use of cannabis and its preparations and
derivatives. It does protest, however, against being called upon to pay a
special tax, to use special order forms in order to procure the drug, to keep
special records concerning its professional use and to make special returns to
the Treasury Department officials, as a condition precedent to the use of
cannabis in the practice of medicine. in the several States, all separate and
apart from the taxes, order forms, records, and reports required under the
Harrison Narcotics Act with reference to opium and coca leaves and their
preparations and derivatives.
If the medicinal use of cannabis calls for Federal legal regulation further
than the legal regulation that now exists, the drug can without difficulty be
covered under the provisions of the Harrison Narcotics Act by a suitable
amendment. By such a procedure the professional use of cannabis may readily be
controlled as effectively as are the professional uses of opium and coca leaves,
with less interference with professional practice and less cost and labor on the
part of the Treasury Department.
It has been suggested that the inclusion of cannabis into the Harrison
Narcotics Act would jeopardize the constitutionality of that act, but that
suggestion has been supported by no specific statements of its legal basis or
citations of legal authorities.
Wm. C. Woodward,
Legislative Counsel
[Whereupon at 11:37 AM Monday, July 12, 1937, the
subcommittee adjourned.]
[End]
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