History Harrison Narcotics Tax Act

1 history

1.1 international background
1.2 domestic background
1.3 effect

history
international background

following spanish–american war u.s. acquired philippines spain. @ time, opium addiction constituted significant problem in civilian population of philippines.

charles henry brent american episcopal bishop served missionary bishop of philippines beginning in 1901. convened commission of inquiry, known brent commission, purpose of examining alternatives licensing system opium addicts. commission recommended narcotics should subject international control. recommendations of brent commission endorsed united states department of state , in 1906 president theodore roosevelt called international conference, international opium commission, held in shanghai in february 1909. second conference held @ hague in may 1911, , out of came first international drug control treaty, international opium convention of 1912.

domestic background

in 1800s opiates , cocaine unregulated drugs. in 1890s sears & roebuck catalogue, distributed millions of americans homes, offered syringe , small amount of cocaine $1.50. on other hand, 1880 states , localities had passed laws against smoking opium, @ least in public.

at beginning of 20th century, cocaine began linked crime. in 1900, journal of american medical association published editorial stating, negroes in south reported being addicted new form of vice – of cocaine sniffing or coke habit. newspapers later claimed cocaine use caused blacks rape white women , improving pistol marksmanship. chinese immigrants blamed importing opium-smoking habit u.s. 1903 blue-ribbon citizens panel, committee on acquirement of drug habit, concluded, if chinaman cannot along without dope can along without him.

theodore roosevelt appointed dr. hamilton wright first opium commissioner of united states in 1908. in 1909, wright attended international opium commission in shanghai american delegates. accompanied charles henry brent, episcopal bishop. on march 12, 1911, dr. wright quoted in follows in article in new york times: of nations of world, united states consumes habit-forming drugs per capita. opium, pernicious drug known humanity, surrounded, in country, far fewer safeguards other nation in europe fences with. wright further claimed has been authoritatively stated cocaine direct incentive crime of rape negroes of south , other sections of country, though failed mention authorities had stated that, , did not provide evidence claim. wright stated 1 of unfortunate phases of smoking opium in country large number of women have become involved , living common-law wives or cohabitating chinese in chinatowns of our various cities .

opium usage had begun decline 1914 after rising dramatically in post civil war era, peaking @ around one-half million pounds per year in 1896. demand gradually declined thereafter in response mounting public concern, local , state regulations, , pure food , drugs act of 1906, required labeling of patent medicines contained opiates, cocaine, alcohol, cannabis , other intoxicants. of 1911, estimated 1 u.s. citizen in 400 (0.25%) addicted form of opium. opium addicts women prescribed , dispensed legal opiates physicians , pharmacist “female problems” (probably pain @ menstruation) or white men , chinese @ opium dens. between two-thirds , three-quarters of these addicts women. 1914, forty-six states had regulations on cocaine , twenty-nine states had laws against opium, morphine, , heroin.

several authors have argued debate merely regulate trade , collect tax. however, committee report prior debate on house floor , debate itself, discussed rise of opiate use in united states. harrison stated purpose of bill can hardly said raise revenue, because prohibits importation of upon have hitherto collected revenue. later harrison stated, not attempting collect revenue, regulate commerce. house representative thomas sisson stated, purpose of bill—and in sympathy it—is prevent use of opium in united states, destructive human happiness , human life.

the drafters played on fears of “drug-crazed, sex-mad negroes” , made references negroes under influence of drugs murdering whites, degenerate mexicans smoking marijuana, , “chinamen” seducing white women drugs. dr. hamilton wright, testified @ hearing harrison act. wright alleged drugs made blacks uncontrollable, gave them superhuman powers , caused them rebel against white authority. dr. christopher koch of state pharmacy board of pennsylvania testified of attacks upon white women of south direct result of cocaine-crazed negro brain .

before act passed, on february 8, 1914, new york times published article entitled negro cocaine fiends new southern menace: murder , insanity increasing among lower-class blacks edward huntington williams, reported southern sheriffs had increased caliber of weapons .32 .38 bring down negroes under effect of cocaine.

despite extreme racialization of issue took place in buildup act s passage, contemporary research on subject indicated black americans in fact using cocaine , opium @ lower rates white americans.

effect

enforcement began in 1915.

the act appears concerned marketing of opiates. clause applying doctors allowed distribution in course of professional practice only. clause interpreted after 1917 mean doctor not prescribe opiates addict, since addiction not considered disease. number of doctors arrested , imprisoned. medical profession learned not supply opiates addicts. in united states v. doremus, 249 u.s. 86 (1919), supreme court ruled harrison act constitutional, , in webb v. united states, 249 u.s. 96, 99 (1919) physicians not prescribe narcotics solely maintenance.

the impact of diminished supply obvious mid-1915. 1918 commission called sterner law enforcement, while newspapers published sensational articles addiction-related crime waves. congress responded tightening harrison act—the importation of heroin purpose banned in 1924.

after other complementary laws (for example implementing uniform state narcotic act in 1932), , other actions government number of addicts of opium started decrease fast 1925 level in 1945 1 tenth of level in 1914.

the use of term narcotics in title of act describe not opiates cocaine—which central nervous system stimulant, not narcotic—initiated precedent of frequent legislative , judicial misclassification of various substances narcotics . today, law enforcement agencies, popular media, united nations, other nations , medical practitioners can observed applying term broadly , pejoratively in reference wide range of illicit substances, regardless of more precise definition existing in medical contexts. reason, however, narcotic has come mean illegally used drug, useful shorthand referring controlled drug in context legal status more important physiological effects.

the remaining effect of act, has largely been superseded controlled substances act of 1970, warning *warning: may habit forming on labels, package inserts, , other places ingredients listed in case of many opioids, barbiturates, medicinal formulations of cocaine, , chloral hydrate.

the act marks beginning of creation of modern, criminal drug addict , american black market drugs. within 5 years rainey committee, special committee on investigation appointed secretary of treasury william gibbs mcadoo , led congressman t. rainey, reported in june, 1919 drugs being smuggled country sea, , across mexican , canadian borders nationally established organisations , united states consumed 470,000 pounds of opium annually, compared 17,000 pounds in both france , germany. monthly summary of foreign commerce of united states recorded in 7 months january 1920, 528,635 pounds of opium imported, compared 74,650 pounds in same period in 1919.