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Writer's pictureCrypto Rick

Cannabis is here to stay after a failed war on drugs.

Updated: Aug 7, 2023

Sometimes it’s great to be first.


Other times; not so much.


Samuel R. Caldwell holds a unique place in American history as the first person to be arrested for cannabis. His case marked the beginning of the war on drugs and set the stage for decades of prohibition and criminalization of marijuana, which affected a vast number of citizens across America.


However, with the recent trend of legalization sweeping across the United States, it is worth revisiting Caldwell's story and examining the changes that have taken place in attitudes towards cannabis in the country.


Caldwell was a 58-year-old farmer living in Colorado in the 1930s. He was caught with two marijuana cigarettes in his possession by federal agents in 1937. At the time, there were no federal laws prohibiting cannabis, but the agents charged Caldwell under the recently passed Marihuana Tax Act, which imposed steep taxes on the sale and distribution of cannabis. The act was ostensibly designed to regulate the drug, but in practice, it was used to crack down on its use and possession, initially fueled by corporations who where intimidated by how this renewable resource could challenge the existing paper and fuel industries.



There were also racist motives attached to the plant as disinformation spread in publications. Today, advocates of legalization adamantly argue that it is a safer and more effective way to regulate cannabis than the criminal justice system, which has been shown to disproportionately impact communities of color, especially after President Nixon declared another "war" in 1971 as this graphic shows.



Caldwell was convicted and sentenced to four years of hard labor in Leavenworth Federal Penitentiary. He died in prison in 1941, just three years into his sentence. His case set a precedent for the government's aggressive approach to marijuana, which would continue for decades to come.


It was not until the 1990s that attitudes towards cannabis began to shift in the United States. In 1996, California became the first state to legalize medical marijuana, and since then, over 30 states have followed suit. In 2012, Colorado and Washington became the first states to legalize recreational marijuana, and since then, several other states have followed their lead.


Photo from NORML


Today, cannabis is legal, in different forms, for medical use in all but four states, and it is legal for recreational use in 18 states and the District of Columbia. The federal government has yet to legalize cannabis at the national level, but the current administration has signaled that it may be open to doing so in the near future.

The shift towards legalization has been driven in part by changing attitudes towards marijuana. Polls show that a majority of Americans now support legalization, (68% in a recent 2022 poll) and the drug has become increasingly mainstream in popular culture.



Samuel R. Caldwell's case marked the beginning of a long and contentious history of cannabis criminalization in the United States. However, with the recent trend towards legalization, it appears that attitudes towards cannabis are shifting once again. While there are still many questions and concerns surrounding legalization, it is clear that the conversation around full cannabis legalization is heating up quickly.


As states’ rights prevail, the federal government eventually will be forced to admit their mistakes regarding prohibition of cannabis and national legalization will be the new law of the land.


By @CryptoRick423 🎸


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