
mechanism of an expert intermediary usually a physician. Even more radical proposals—
for the legalization of cannabis, for instance—retain the long-established selective
prohibition against consumption by minors that is applied to alcohol and
tobacco
. Most
also incorporate a commodity
tax
modeled on those applied to alcohol and tobacco.
Current American distinctions between legal and illegal drugs cannot be understood on
pharmacological grounds. (For example, no experts doubt that alcohol and tobacco-
delivered nicotine are far more addictive and intrinsically dangerous to health than
cannabis.) Rather, the legal status of various consciousness-altering substances must be
seen in the context of the country’s experience with Prohibition, which was not a happy
one. Although alcohol consumption and alcohol-related problems declined during the
first few years of Prohibition, the gradual organization of illicit supply and the
unregulated nature of the illicit market, provided both ample (if often impure) liquor and
tremendous opportunity for criminal entrepreneurs. Moreover, after decades o
disreputability hard drinking became a mark of sophistication and rebellion among young
eople of the 1920s in much the same way that the consumption of cannabis and
hallucinogens signified cultural dissent during the 1960s and 1970s. Further, the loss o
alcohol tax revenue was a major blow to government, particularly during the Great
Depression. By the late 1920s, even many women’s organizations thought of Prohibition
as a failure and favored a return to the older principles of moderation and a suasionist
form of temperance.
The lessons of Prohibition did not extend immediately to policy concerning
consciousnessaltering substances other than alcohol, however. Primarily this had to do
with alcohol’s status as America’s traditional intoxicant. (Even Harry Anslinger, iron-
fisted Chief of the Federal Bureau of Narcotics from 1930–62, was quite fond of Jack
Daniels, a Kentucky whisky.) Other substances were exotic, associated with suspect
groups like Mexicans (cannabis) or the Chinese (smoking opium). Moreover, the
temperance and medical crusade against morphine, a very widely used substance,
changed the social locus of its use. Whereas the typical morphine addict of the late
nineteenth century was a middle-aged, rural woman using the drug on a doctor’s order,
changing medical practices and cultural mores increasingly isolated the use of morphine
(and later, heroin) in “sporting circles” and among nightlife afficianadoes. By the First
World War, it had become a drug of young, lower-class men (mainly) and cultural fringe-
dwellers—groups against which sumptuary legislation could easily be directed, especially
in the name of moral upliftment. As a practical matter of enforcement, until the 1960s,
relatively few Americans used substances other than alcohol. The movement for the
decriminalization or outright legalization of cannabis could arise only when that
substance became popular among
middle-class, white
young people.
After Repeal, then, American drug policy incorporated substances developed
specifically for medical use into a prescription regime; legalized or kept legal such
commonly used substances as alcohol and tobacco (subject to regulation, selective
rohibition and taxation); and criminalized or left illegal exotic substances consumed for
“non-medical” reasons by small minorities. During the postwar era, international treaties,
Encyclopedia of Contemporary American Culture 360