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How It Was Done

Posted: Sun Mar 17, 2013 10:13 am
by MSimon
This is a very short version of how the opiate prohibition we know today was implemented.

1. National Prohibition
2. Drs. could prescribe to addicts for maintenance for a few years after prohibition
3. The prescription for maintenance was outlawed
4. Criminals (after a delay) stepped into the breech

We now have two groups of outlaws (with overlap) where none existed before.

There were of course incremental steps but that was generally how it went. Each step being a natural progression from the previous step(s).

http://www.naabt.org/laws.cfm has a short timeline. The Federal Government took over regulation of the practice of medicine - a power it never had until the turn of the Century.

Re: How It Was Done

Posted: Sun Mar 17, 2013 10:19 am
by MSimon
Second - how was marijuana prohibition passed?

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http://www.druglibrary.org/schaffer/history/whiteb1.htm

So look at the date -- 1937 -- what's going on in this country? Well, a lot of things, but the number one thing was that, in 1936, President Franklin Roosevelt was reelected in the largest landslide election in this country's history till then. He brought with him two Democrats for every Republican, all, or almost all of them pledged to that package of economic and social reform legislation we today call the New Deal.

And, did you know that the American Medical Association, from 1932, straight through 1937, had systematically opposed every single piece of New Deal legislation. So that, by 1937, this committee, heavily made up of New Deal Democrats is simply sick of hearing them: "Doctor, if you can't say something good about what we are trying to do, why don't you go home?"

So, over the objection of the American Medical Association, the bill passed out of committee and on to the floor of Congress. Now, some of you may think that the debate on the floor of Congress was more extensive on the marijuana prohibition. It wasn't. It lasted one minute and thirty-two seconds by my count and, as such, I will give it to you verbatim.

The entire debate on the national marijuana prohibition was as follows -- and, by the way, if you had grown up in Washington, DC as I had you would appreciate this date. Are you ready? The bill was brought on to the floor of the House of Representatives -- there never was any Senate debate on it not one word -- 5:45 Friday afternoon, August 20. Now, in pre-air-conditioning Washington, who was on the floor of the House? Who was on the floor of the House? Not very many people.

Speaker Sam Rayburn called for the bill to be passed on "tellers". Does everyone know "tellers"? Did you know that for the vast bulk of legislation in this country, there is not a recorded vote. It is simply, more people walk past this point than walk past that point and it passes -- it's called "tellers". They were getting ready to pass this thing on tellers without discussion and without a recorded vote when one of the few Republicans left in Congress, a guy from upstate New York, stood up and asked two questions, which constituted the entire debate on the national marijuana prohibition.

"Mr. Speaker, what is this bill about?"

To which Speaker Rayburn replied, "I don't know. It has something to do with a thing called marihuana. I think it's a narcotic of some kind."

Undaunted, the guy from Upstate New York asked a second question, which was as important to the Republicans as it was unimportant to the Democrats. "Mr. Speaker, does the American Medical Association support this bill?"

In one of the most remarkable things I have ever found in any research, a guy who was on the committee, and who later went on to become a Supreme Court Justice, stood up and -- do you remember? The AMA guy was named William C. Woodward -- a member of the committee who had supported the bill leaped to his feet and he said, "Their Doctor Wentworth came down here. They support this bill 100 percent." It wasn't true, but it was good enough for the Republicans. They sat down and the bill passed on tellers, without a recorded vote.

In the Senate there never was any debate or a recorded vote, and the bill went to President Roosevelt's desk and he signed it and we had the national marijuana prohibition.

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Funny the Republicans of today support what the Republicans of 1937 opposed. I suppose that is because conservative principles are eternal. Or something.

Re: How It Was Done

Posted: Sun Mar 17, 2013 10:27 am
by MSimon
The relation of opiate prohibition to States Rights:

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http://www.druglibrary.org/schaffer/history/whiteb1.htm

It was called the Harrison Tax Act. You know, the drafters of the Harrison Act said very clearly on the floor of Congress what it was they wanted to achieve. They had two goals. They wanted to regulate the medical use of these drugs and they wanted to criminalize the non-medical use of these drugs. They had one problem. Look at the date -- 1914. 1914 was probably the high water mark of the constitutional doctrine we today call "states' rights" and, therefore, it was widely thought Congress did not have the power, number one, to regulate a particular profession, and number two, that Congress did not have the power to pass what was, and is still known, as a general criminal law. That's why there were so few Federal Crimes until very recently.

In the face of possible Constitutional opposition to what they wanted to do, the people in Congress who supported the Harrison Act came up with a novel idea. That is, they would masquerade this whole thing as though it were a tax. To show you how it worked, can I use some hypothetical figures to show you how this alleged tax worked?

There were two taxes. The first (and again, these figures aren't accurate but they will do to show the idea) tax was paid by doctors. It was a dollar a year and the doctors, in exchange for paying that one dollar tax, got a stamp from the Government that allowed them to prescribe these drugs for their patients so long as they followed the regulations in the statute. Do you see that by the payment of that one dollar tax, we have the doctors regulated? The doctors have to follow the regulations in the statute.

And there was a second tax. (and again, these are hypothetical figures but they will show you how it worked.) was a tax of a thousand dollars of every single non-medical exchange of every one of these drugs. Well, since nobody was going to pay a thousand dollars in tax to exchange something which, in 1914, even in large quantities was worth about five dollars, the second tax wasn't a tax either, it was a criminal prohibition. Now just to be sure you guys understand this, and I am sure you do, but just to make sure, let's say that in 1915 somebody was found, let's say, in possession of an ounce of cocaine out here on the street. What would be the Federal crime? Not possession of cocaine, or possession of a controlled substance. What was the crime? Tax evasion.

And do you see what a wicked web that is going to be?

Re: How It Was Done

Posted: Sun Mar 17, 2013 10:32 am
by MSimon
And if they can regulate Doctors what is to prevent them from regulating another profession - law enforcement?

Nothing.

And how will they do it? With the exchange of dollars. This time going the other way. Federal support for SWAT teams. And Federal payment for drug busts.

Do any of my "conservative" friends see how far we have come? Yet? No? I didn't think so.