The Racist Roots of Marijuana Laws Persist

A Vietnam veteran reflects on the racialized history of marijuana criminalization in the U.S.

Published on Mar. 8, 2026

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In a guest column, Dave Lange, a retired editor and Vietnam War veteran, examines the racist origins of marijuana criminalization in the U.S., from the Marihuana Tax Act of 1937 to the Controlled Substances Act signed by President Nixon. Lange also shares his personal experiences with marijuana use and policing during his military service, highlighting the disproportionate impact of these laws on communities of color.

Why it matters

Lange's commentary underscores the enduring legacy of the racist underpinnings of marijuana laws in the U.S., which continue to have a disparate impact on Black and other minority communities despite similar usage rates across racial lines. His personal anecdotes illustrate how these laws have been selectively enforced, even against those with military service.

The details

Lange traces the history of marijuana criminalization to the words of former Federal Bureau of Narcotics Commissioner Harry J. Anslinger, who in the 1930s associated marijuana use with "Negroes, Hispanics, Filipinos, and entertainers." This racialized fear-mongering helped drive the passage of the Marihuana Tax Act of 1937. Lange also notes that President Nixon's signing of the Controlled Substances Act in 1970 classified marijuana as a Schedule I drug, on par with deadly heroin. More recently, Lange criticizes Ohio's Senate Bill 56, signed by Gov. Mike DeWine, which he says will recriminalize marijuana and likely lead to more disproportionate arrests of Black citizens.

  • In 1937, the Marihuana Tax Act was passed.
  • In 1970, President Nixon signed the Controlled Substances Act.
  • In 2023, 57% of Ohio voters legalized adult use of marijuana.
  • In 2024, marijuana arrests in Ohio fell dramatically from 7,438 to 1,538.
  • In 2026, Ohio Senate Bill 56 was signed by Gov. Mike DeWine to recriminalize marijuana.

The players

Harry J. Anslinger

The former Federal Bureau of Narcotics Commissioner whose racist rhetoric helped drive the passage of the Marihuana Tax Act of 1937.

Richard Nixon

The former U.S. President who signed the Controlled Substances Act in 1970, classifying marijuana as a Schedule I drug.

Mike DeWine

The current Governor of Ohio who signed Senate Bill 56 to recriminalize marijuana, undermining the state's 2023 legalization of adult use.

Dave Lange

A retired editor, Vietnam War veteran, and member of the Ohio Veterans Hall of Fame who wrote this guest column.

Cleve

One of Lange's Black friends who died from a heroin overdose on the same day Lange was prosecuted for marijuana paraphernalia.

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What they’re saying

“There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz and swing, results from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and others.”

— Harry J. Anslinger, Former Federal Bureau of Narcotics Commissioner

“As a white man, maybe I shouldn't be disturbed by the racist motivation of the Marihuana Tax Act of 1937, the likely racial consequences of SB 56 or the dastardly impact of classifying marijuana federally as a Schedule I drug. But I am.”

— Dave Lange, Retired editor and Vietnam War veteran (cleveland.com)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.