Legalization in our country goes further than states simply writing their own scripts—it’s a saga with cameos from all over the globe as countries shake up cannabis laws and give American politicians considerations to allow We The People our own pursuits of happiness. (Whatta concept! Someone should have written that down a long time ago.) As the USA slow-walks its own policies via patchwork, we aren’t exactly isolationists when it comes to inspiration. But first, a super-brief look at our history.
Freedom Rolled Up
The founding fathers had no interest in banning marijuana. As a matter of fact, back in the late 18th century, cannabis was just another crop— hemp, mainly for rope and fabric. There were no bizarro campaigns about its psychoactive “happiness pursuit” side. As such, there was no need for government meddling or legal restrictions; people were free to grow and use it as they saw fit. It wasn’t until the early 20th century, when “moralists” and bureaucrats started to clamp down, that cannabis faced its first real roadblocks.
The overbold Marijuana Tax Act of 1937—introduced by Rep. Robert L. Doughton (D-NC) and signed into law by President Franklin D. Roosevelt (D-NY)—took effect on October 1 of that year. The new law enabled the government to slap an expensive and nearly impossible-to-obtain “tax stamp” on cannabis, essentially outlawing it without ever saying so outright. Sneaky, sneaky. That was the government’s first big overreach into what had been, up until then, a matter of personal freedom. Somehow, the moralists had the sexier marketing, and the US fell in love with marijuana prohibition. Other countries, however, would eventually take a different path.
Coffeeshop Culture Shock
In 1976, the Netherlands decided to take a relaxed approach, allowing Amsterdam’s “coffeeshops” to sell small amounts of cannabis. For many Americans, the Dutch model was eye-opening—a chance to see a society manage open cannabis sales without falling apart. When tourists returned, some carry the impression that cannabis doesn’t need to be strictly prohibited, especially if a coffeeshop setup can work successfully overseas.
Fast forward 23 years: In 1999, the GOP-led House held a hearing on harm reduction programs. Robert Maginnis of the conservative think-tank Family Research Council criticizes the Dutch model, joined by Rep. Bob Barr (R-GA), who portrays the Netherlands as a cautionary tale, pointing to increased addiction, public health risks, and visible drug use as consequences of “quasi-legalization.” In contrast, Scott Ehlers of the Drug Policy Foundation saw potential in the model, suggesting it could offer insights into crime reduction. He argued that America’s strategy of mass incarceration has neither reduced drug availability nor curbed crime.
Oh, Cannabis!
In 2001, Canada takes North America by surprise and goes official with medical marijuana, launching the first federal program of its kind. That same year, Gov. Gary Johnson (R-NM) discussed marijuana laws during an online forum hosted by the New York Times Drug Policy Forum, wherein he references Canada. Johnson stated, “I have to believe this will have a positive impact here. I recently testified before the Canadian parliament on drug reform. The testimony went great. I’m optimistic that their initiatives will advance the elimination of prohibition.” He also expressed that many other parts of the world are “way ahead of us regarding drug reform.”
For example, 2001 saw Portugal becoming the first country to decriminalize all drugs, rethinking the common approach to personal drug use and possession. Rather than treating these cases as crimes, Portugal saw them as health issues and offered people support through treatment and harm reduction services instead of punishment. Subsequently, Portugal saw fewer drug-related deaths, lower rates of HIV, and increased access to treatment.
Fervently calling out the “war on drugs” and its for-profit prison system bedfellow, the NAACP pointed to Portugal’s progress and declared, “The US government [should] pilot the Portugal decriminalization program in three US cities and apply the lessons learned…throughout the United States.” In 2015, the Drug Policy Alliance described Portugal’s decriminalization model as a remarkable success, reclassifying drug possession as an administrative issue and expanding access to treatment and harm reduction services.
From Red Tape to Green Light
By 2010, the Czech Republic is also decriminalizing personal use, and places like Croatia and Chile are rolling out medical programs, giving US reformers more ammo to push for change back home. Five years later, the Drug Policy Alliance took a look at statistics in the country and cited the Czech Republic as a success story in harm reduction and drug policy.
The year 2012 was the big year for US recreational legalization, with Colorado and Washington saying “yes” to adult-use cannabis. Sure, they had their own reasons—like reducing criminal justice issues and adding tax revenue—but the global setting was just right. From Rand Paul (R-KY) arguing for states’ rights to Bernie Sanders (I-VT) citing mass incarceration for victimless crimes, leaders rallied for reform across party lines.
Uruguay went a step further in 2013, and became the first country to fully legalize cannabis, giving Colorado and Washington a timely nod of approval. Rep. Earl Blumenauer (D-OR) and Canadian Prime Minister Justin Trudeau both reference Uruguay’s regulatory framework, using its successes and challenges to support similar legalization efforts in their own countries.
By 2015, Spain allowed private cannabis use, and Jamaica joined in with decriminalization. The real fireworks came in 2018, when Canada became the first G7 country to legalize recreational cannabis nationwide. Canada’s move made waves in the US, and around the same time, Georgia, South Africa, and the UK implemented medical or decriminalized cannabis laws.
It took almost two decades for the Portuguese to reach America, but Oregon shows up. State Representatives Anthony Johnson and Earl Blumenauer along with Sen. Ron Wyden (all Democrats) advocate for decriminalizing all drugs in the state. They argued it will reduce overdose rates, increase access to treatment, and redirect resources from enforcement to recovery services. The people agree—58.5% vote yes to Ballot Measure 110, which decriminalizes the possession of small amounts of all drugs throughout Oregon in 2020.