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This is why the first two federal laws targeted at prohibiting drugs didn't actually do it directly - they did it by way of taxes. The Marihuana Stamp Tax Act (1937) is the most famous, but it was preceded by another act that targeted proper narcotics (morphine, etc.). I believe it was the Harisson act, but I'm not certain.

In any case, the 1937 bill created an impossible-to-satisfy tax structure, because they knew that a direct prohibition would have been deemed unconstitutional. Unfortunately, by 1970, everyone had forgotten and the Controlled Substances Act passed easily.




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