Cannabis in the USA: From Reefer Madness to Legalisation

The history of cannabis prohibition in the USA is a story of racism, political calculation, popular media and ultimately a long, incomplete retreat. No other country has influenced global cannabis policy more – and no other country is today so inconsistent in the legalisation debate.

## Early North America: Hemp as an Industrial Crop

Until the late 19th century, cannabis (hemp) was a widespread industrial crop in North America. Colonists grew hemp for rope, textiles and paper. Hemp farmers sometimes received government subsidies, and George Washington himself grew hemp on his estate. Cannabis as an intoxicant and medicine was known but not socially stigmatised.

The first restrictions began around 1910–1920, triggered by a combination of immigration panic, racial prejudice, and the cultural aftermath of alcohol prohibition.

## Harry Anslinger and the Marihuana Tax Act (1937)

The central figure of US cannabis prohibition is Harry Anslinger, who headed the Federal Bureau of Narcotics (FBN) from 1930 to 1962. Anslinger ran an orchestrated media campaign linking cannabis with violence, insanity and ethnic minorities. His infamous quotes were openly racist – he explicitly connected cannabis with Black jazz musicians and Mexican immigrants.

In 1936, the propaganda film "Reefer Madness" was released – a melodramatic portrayal of teenagers becoming murderers and lunatics after smoking a joint. The film, originally produced for deterrence, is today a cult classic of absurdity.

In 1937, the US Congress passed the Marihuana Tax Act, effectively making cannabis illegal through prohibitive taxation. The American Medical Association protested – cannabis was still used medicinally at the time – but was overruled.

## Nixon, the War on Drugs and the Controlled Substances Act (1970)

The definitive federal criminalisation came under President Nixon. The Controlled Substances Act of 1970 classified cannabis as a Schedule I substance – alongside heroin – meaning "no medical value and high abuse potential."

Nixon also founded the DEA (Drug Enforcement Administration) and officially declared the "War on Drugs" in 1971. Decades later, John Ehrlichman – Nixon's domestic policy advisor – revealed in an interview that the War on Drugs was deliberately aimed at two enemies: the antiwar movement (hippies/left) and Black communities. Cannabis criminalisation was a political tool.

## The Turn: Medical Cannabis and Ballot Initiatives

In 1996, California passed Proposition 215 – the first law to legalise medical cannabis in the USA. Other states followed. By 2012, nearly 20 states had introduced medical cannabis programmes.

In 2012, voters in Colorado and Washington voted for the first recreational cannabis legalisation ever. The Obama federal government decided not to aggressively oppose it.

Since then, legalisation at state level has advanced dramatically: by 2026, more than 24 US states have legalised cannabis for adults, including major states like California, New York, Michigan and Illinois.

## The Incoherence: Federal vs. State

The fundamental problem of US cannabis policy remains: cannabis is federally still Schedule-I illegal. This creates dramatic incoherencies that continue to affect cannabis businesses, consumers and patients across the country.

In 2022, President Biden used his pardon power for people federally convicted of cannabis possession. The debate about nationwide legalisation or at least rescheduling continues.

## What US History Means for Germany

The USA inadvertently ran a comprehensive experiment: prohibition, then gradual legalisation in various forms. The findings: prohibition barely reduces consumption but creates huge illegal markets and disproportionately targets marginalised communities. Legalisation creates regulation, quality control and tax revenue.

Germany has chosen a more careful but also more bureaucratic approach with the KCanG – with learning potential from both sides of the American experience.