Marihuana : a signal of misunderstanding first report of the National Commission on Marihuana and Drug Abuse.

  • United States. Commission on Marihuana and Drug Abuse
Date:
[1972?]
Catalogue details

Licence: Public Domain Mark

Credit: Marihuana : a signal of misunderstanding first report of the National Commission on Marihuana and Drug Abuse. Source: Wellcome Collection.

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    concept serves the discouragement policy in two ways: it assists the removal of supply from the market and it symbolizes a continuing societal opposition to use. Accordingly, if a person is found in posses- sion of marihuana in public and the government is unable to prove any intent to sell, it may nevertheless seize the marihuana and confiscate it is contraband. The contraband provision would apply only to possession in public and would not extend to possession for personal use in the home. During Prohibition, the Federal Government and most of the states employed a similar statutory limitation. For example, the Volstead Act provided that a private dwelling could not be searched “unless it is being used for the unlawful sale of intoxicating liquor. .. .”? The impact of this contraband concept is that marihuana possessed or found in public can be summarily seized by law enforcement officials and forfeited to the state for subsequent destruction.? The criminal justice system is not involved in the process. The individual receives no record of any kind; he simply loses the economic value of the marihuana.* With regard to the casual distribution of small amounts of mari- huana for no remuneration or insignificant remuneration not involv- ing a profit we are following the approach taken in the Comprehensive Drug Abuse Prevention and Control Act of 1970 which in essence treats such casual transfers as the functional equivalent of posses- sion. In doing so, Congress recognized that marihuana is generally *$39. Unlawful possession of liquor or property designed for manufacture thereof; search warrants. It shall be unlawful to have or possess any liquor or property designed for the manufacture of liquor intended for use in violating this chapter or which has been so used, and no property rights shall exist in any such liquor or property. A search warrant may issue as provided in [sections 611 to 631 and 633 of Title 18] and such liquor, the containers thereof, and such property so seized shall be subject to such disposition as the court may make thereof. If it is found that such liquor or property was so unlawfully held or possessed, or had been so unlawfully used, the liquor, and all property designed for the unlawful manufacture of liquor, shall be destroyed, unless the court shall ectherwise order. No search warrant shall issue to search any private dwelling occupied as such unless it is being used for unlawful sa'e of intoxicating liquor, or unless it is in part used for some business purpose such as a Store, shop, saloon, restaurant, hotel, or boarding house. The term “private dwelling” shall be construed to include the room or rooms used and occupied not transiently but solely as a residence in an apartment house, hotel or boarding house. The prop- erty seized on any such warrant shall not be taken from the officer seizing the Same on any writ of replevin or other like process. (Oct. 28, 1919, c. 85, Title IT, § 25. 41 Stat. 315) ?The federal and state provisions presently in force regarding the seizure and forfeiture of an automobile transporting marihuana would no longer be applicable. They would still remain in force for other controlled drugs classified as contraband. >See the views of Commissioners Rogers, Carter, Ware, Hughes and Javits expressed in the footnote on pages 151-156.