Prior to 1900, there were no Federal laws governing use or distribution of any drug (medicinal or recreational). Substances such as heroin, morphine, and cocaine are readily available and sold as part of "patent" medicines to cure everything from menstrual cramps to toothaches in children.
However, times are beginning to change. The morality movement against alcohol has begun to take hold in various areas of the country. Also, concerns about the use of opium and cocaine beyond medicinal uses is gaining attention. The Federal government was much less activist in controlling behaviors at the turn of the century, however, and very narrowly saw its province as dealing with interstate commerce. Accordingly, the U.S. government was very slow at responding to what was seen by some as a crisis, and was actually involved in the exportation of opium into China and the Philippines. At the beginning of the 20th century, the stage is set for greater Federal response to drugs and their use.
Just to be safe, I used multiple sources of information for side by side comparison of sources for these timelines.
April 29, 1911
Commonwealth of Massachusetts becomes first state
to ban cannabis in the United States of America
1936
Reefer Madness American propaganda exploitation film released.
This film created tons of negative stereotypes about marijuana.
August 2, 1937
President Franklin Roosevelt signed federal legislation that banned cannabis use,
production and sales; including for industrial hemp.
1941
President Franklin Roosevelt signs an executive order that allow for emergency hemp production for industrial uses during War World II for canvas, cordage, rope, oil and fodder. Numerous Midwest states were subsidized to produce industrial hemp in support of the war effort.
1943
Medical products derived from cannabis were removed from the US Formulary and physicians could no longer prescribe it.
1945
As soon as the war concluded, the Roosevelt administration re-banned industrial hemp production,
stopped subsidizing its production and teaching farmers how to cultivate it.
Facing stiff federal penalties, industrial hemp farmers had to plow under their hemp crops
and pharmacists had to have all cannabis-related medicines off of store shelves.
1965
Beat poet Allen Ginsberg convenes one of the first organized public protests against Cannabis Prohibition laws, wearing hand written signs around his neck that read ‘Pot is a reality check’ and ‘Pot is fun!’ The effort was originally called ‘LeMar’, and later became the California-based reform organization, Amorphia.
1968-1969
Appellate court challenges to the 1937 ‘Reefer Madness’ anti-cannabis laws
force the federal government to create a Controlled Substances Act
and the Drug Enforcement Administration (DEA) in 1970.
President Richard Nixon creates blue ribbon commission to
review cannabis laws, historically known as the Shafer Commission.
1969
Amorphia is founded in Mill Valley, California.
The group funds itself by selling popular rolling papers.
Timeline 2
http://www.druglibrary.org/schaffer/history/drug_law_timeline.htm
1906
The Pure Food and Drug Act was passed, forming the Food and Drug Administration and giving it power to regulate foods and drugs, and requiring labeling of contents on foods and drugs. The most important effect on the drug problem was the demise of the patent medicine industry. Drug addiction began a dramatic drop.
1914
The Harrison Tax Act was passed, effectively outlawing the opiates and cocaine.
1915
Utah passed the first state anti-marijuana law. Mormons who had gone to Mexico in 1910 returned smoking marijuana. It was outlawed at a result of the Utah legislature enacting all Mormon religion prohibitions as criminal laws.
1922
Narcotic Drug Import and Export Act - Intended to eliminate use of narcotics except for legitimate medicinal use
1924
Heroin Act -Makes it illegal to manufacture heroin
1937
Marijuana Tax Act
Applies controls over marijuana similar to narcotics
1938
Food, Drug and Cosmetic Act
FDA given control over drug safety, Drugs redefined: effect body even in absence of disease, Establishes class of drugs available by Prescription (Company determines status)
1942
Opium Poppy Control Act
Prohibits growing poppy w/o license
1951
Durham-Humphrey Amendment
Established more specific guidelines for prescription drugs: habit forming, safety, and evaluation of new drugs
Boggs Amendment to the Harrison Narcotic Act
Mandatory sentences for narcotic violations
1956
Narcotics Control Act
Intends to impose even more severe penalties for narcotics violations
1965
Drug Abuse Control Amendments (DACA)
Strict controls over amphetamines, barbiturates, LSD, etc.
1966
Narcotic Addict Rehabilitation Act (NARA)
Allows treatment as an alternative to jail
1968
DACA Amendments
Provides that sentence may be suspended and record expunged if no further violations within 1 year
Timeline 3
http://facultypages.morris.umn.edu/~ratliffj/psy1081/drug_laws.htm
1906
Food and Drug Act enacted-- strictly a "labeling law"-- only affected misbranded foods and drugs. Main concern was "patent medicines" that could be made up of tar, animal secretions, cocaine, heroin, or whatever and no one would know. As far as the law was concerned, the medicine could contain all of these as long as it was labeled properly.
Around this time the fear of Chinese opium dens coupled with stories of supposed cocaine-fueled violence by Blacks down South-- topped by an inflammatory and unsubstantiated accounts to Congress of how cocaine was leading to the raping of White women by Black men-- lead to calls for further restrictions.
1907
From 1907 to 1919, 39 states enacted prohibitions and only 2 repealed, showing a resurgence in the Prohibition movement. Some of this was fueled by religious prejudice, with the prohibitionists being Protestant using Irish-Catholics as examples of decadent drunkenness. 64% of Americans lived in "dry" territory.
1912
Hague Conventions-- calling for international regulation of opium. U.S., who convened international meeting at The Hague because of growing concerns about opium use at home, called on the carpet for not having any drug restrictions of its own. This led to the enacting of the Harrison Tax Act.
1914
Harrison Tax Act-- Direct response to Hague Conventions to deal with "narcotics." Keeping in line with the view of the Federal government's role in interstate commerce, this act was a tax and only a tax (NOTa prohibition, as it is often misinterpreted as doing.) Under the act, physicians were able to "minister to patients" and "...drugs obtained by addicts were to be secured through registered physicians." That meant that at this time, addiction was legally seen as a medical issue rather than a punishable, behavioral one. Coca and cocaine were inappropriately identified in this Act as narcotics.
1920's
Jan. 16, 1920-- 18th Amendment (Volstead Act; alcohol prohibition) was ratified; took effect 1/16/21. Helped launch suffragette movement since women were instrumental in the passage of this act.
Since Harrison Act was a tax, enforcement taken over by treasury department during 1920's along with alcohol prohibition enforcement. An over-zealous interpretation of law developed-- not just collect taxes and insure registration, but it took on a prosecutorial position. Strict interpretation saw the prosecuting of doctors that prescribed to addicts, no longer seeing addiction as a medical issue. Over a short period of time, the Treasury Dept. refused to register other sellers (even though allowed by law), and closed public health clinics that administered to addicts (since not considered legitimate medical purpose). Two times as many drug (opiates and cocaine) arrests as for alcohol during this time.
During this time, marijuana use was popular in some areas (cities)-- at "tea dens"-- since marijuana legal and alcohol was not. Some references to use by Mexican-Americans, but use and concern about it low. In 1926, however, a series of reports from New Orleans linking marijuana with crime piqued public concern.
1933
Dec. 5, 1933-- 21st Amendment overturning 18th Amendment (Prohibition). Realized that, while drinking and alcoholism had gone down, organized crime had become stronger; willful violation of law was rampant; and, with the Depression, tax money was wanted. Sales did not reach pre-prohibition levels, however, until after WW-II.
1935
36 states with laws regulating use, sale, or possession of marijuana. By 1936, all 48 states had laws. Increasingly, violent crimes blamed on marijuana use. By 1937, it was touted as the "foremost menace to life, health and morals in America."
1937
Marijuana Tax Act-- Only a tax! While not making it illegal, by taxing grower, distributor, seller and buyer, it made it virtually impossible to get. (The Act specified only one species of cannabis, and although all contain the same active ingredients, they are impossible to tell apart after processing, making enforcement impossible as well). The STATE laws then made it illegal. HOWEVER, in 1969, the Supreme Court ruled the Tax Act unconstitutional because for it to be followed, the user or seller would have to declare self, thus incriminating self, in violation of the 5th Amendment. Use dropped markedly until late 1950's/early 1960's.
Up to this point, then, any control of drugs at the national or Federal level involves taxation-- the tool used to control commerce. However, views toward the Federal government fundamentally changed following the Great Depression and during World War II. A view that the government should play an active role in protecting the citizenry developed. Along with that grew changes in how drugs were regulated:
1938
Food, Drug and Cosmetic Act-- At this time, sulfa drugs commonly used as antibiotics, which could not be taken easily because there was no liquid form. In search of a liquid form, a chemist found that one sulfa drug (sulfanilamide) dissolved in diethylene glycol. Unfortunately, diethylene glycol causes kidney poisoning and this drug killed 107 people before being pulled off the shelves in 1937. Reason for it being pulled off? A true elixir, as it was advertised to be, contained alcohol. By the 1906 Food and Drug act, the drug needed to be properly labeled; it did not have to be safe. The chemist committed suicide; the company paid the largest fine in the history of the existing 1906 law; and the 1938 Act was enacted saying thatdrugs or cosmetics had to be tested for toxicity before marketing. Also, adequate directions for use needed to be on package and made first mention of "use by instruction from physician only"-- in other words, prescription vs. non-prescription med's.
Kefauver-Harris Amendments (1962)-- It wasn't until 1962, on the heels of the Thalidomide situation (a drug given to pregnant women for morning sickness that caused severe birth defects), that amendments were added stating that a drug had to be effective for what it was intended and that approval had to be given before trials on humans could be conducted, thus creating the Food and Drug Administration (FDA). Investigation of existing drugs' effectiveness began in 1964-- by 1974, 6133 drugs had been removed for ineffectiveness. This is important because it marks direct involvement of the federal government in the safety and effectiveness of a product-- a much more activist stance than in 1900. We now take for granted that a drug or medical device has passed such scrutiny. It is, however, quite recent in our history.
1965
Drug Abuse Control Amendments-- referred to amphetamines, barbiturates and LSD (added in 1968) as "dangerous drugs" and allowed for FDA to recommend to Department of Health, Education, and Welfare to control them and other drugs that may later be deemed a problem. This is the first direct prohibition of a drug decreed by the Federal Gov.
1966
The last "dry" state (Mississippi) went "wet" in 1966.