| In Massachusetts, it was a felony punishable by not more than five years
in prison to be in a place where marijuana was kept or deposited, or to be in
the company of anyone known to be in illegal possession of marijuana. |
| In Missouri, the judge could hand down a life sentence for a second
possession offense or a first-sale offense, without possibility of suspended
sentence, probation, or parole. If the buyer were a minor, a death sentence
was possible for a first-sale offense. |
| In Rhode Island, a mandatory minimum sentence of ten years was decreed for
a first offense of possession with intent to sell. The mandatory minimum for
the first actual sale was twenty years, and a forty-year first offense
sentence could be imposed. |
| In Texas, the penalty for a first-possession offense was not less than two
years, but the judge could impose a life sentence for a first-possession
offense. A second-possession offense carried a mandatory minimum ten year
sentence or a possible life sentence. |
| In Utah a life sentence was possible for a first marijuana sale offense or
for a second possession-with-intent-to-sell offense. |
Congress also from time to time escalated federal marijuana penalties
along with federal heroin penalties. In 1951, mandatory minimum sentences were
fixed for all marijuana offenses, and, all but first-time off enders were
rendered ineligible for suspended sentence or probation. In 1956, the mandatory
minimum for first-offense possession was fixed at two years (with a ten-year
term possible). The mandatory minimum for a second possession offense was fixed
at five years (with a twenty-year term possible), with parole as well as
probation and suspended sentence prohibited. For sale offenses, the mandatory
minimum was set at five years for a first offense and ten years for a second;
terms of twenty years for a first offense and forty for a second were
possible-and parole as well as suspended sentence and probation were banned for
all sale offenses.31
The Comprehensive Drug Abuse Prevention and Control Act of 19710 subsequently
reduced federal penalties for marijuana possession.
As in the case of similar penalties for the possession or sale of heroin,
these "mandatory" penalties were in fact rarely invoked; the offender was
usually allowed to plead guilty to a lesser offense. When extreme penalties were
handed down, there usually appeared to be some other reason- some conduct or
advocacy-aside from involvement with marijuana. Ordinary people, it is commonly
agreed, rarely draw such sentences. "In California," one youth leader explains,
"it is illegal to smoke marijuana unless you have your hair cut at least once a
month."32 The children of governors, senators, and others in the public eye,
when arrested for marijuana offenses, rarely receive even short prison terms.
Inequities of sentencing are no doubt among the factors bringing the marijuana
laws, and drug law enforcement generally, into disrepute.
Continuing antimarijuana propaganda kept pace with the continuing
antimarijuana legislation after 1937. And people generally believed the
propaganda. In a National Institute of Public Opinion (Gallup) poll of a
cross-section of 1,539 adults in 300 localities, made in October 1969, only 12
percent of the respondents thought that use of marijuana should be legalized; 84
percent were opposed, and 4 percent had no opinion. Among grade-school children,
opposition to marijuana was even more prevalent; 6 percent thought it should be
legalized, while 91 percent were opposed, and 3 percent had no opinion.33 When
adult respondents were asked to describe the effects of smoking marijuana, they
gave the following replies.34
Percent of Respondents
Harms mind and nervous system 17
Leads to use of stronger drugs 12
Dulls the senses 9
Harmful to the health 9
Makes user "high" 8
Addictive, habit-forming 7
Makes user lose control of his actions 7
Leads to irresponsibility, affects judgment 3
Neither habit-forming nor harmful 3
Leads to crime 1
Harmful to unborn children 1
General1v unfavorable comments 6
Miscellaneous 1
Unable to give answer 35