Thesis (LL. M.)--Judge Advocate General's School, U.S. Army, 1972. / "April 1972." Typescript. Includes bibliographical references (leaves 84-85). Also issued in microfiche.

Thesis (doctoral)--Université de Zurich.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1983. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 416-435).

Thesis (Ph. D.)--University of Texas at Austin, 2008. / Vita. Includes bibliographical references.

The research for this thesis was done on a comparative, documentary level, rather than on an empirical one. The issue as to whether or not dagga is physiologically harmful will probably be finally settled by medical and pharmacological study. This thesis does not go into these aspects; instead it attempts to set the development of dagga smoking as a social problem in historical perspective. The research has been done from secondary sources. These include the original works of some of the theorists on deviant behaviour, the reports of government committees of inquiry, as well as commentary on drug abuse in various academic and professional journals and in more popular publications. Special mention must be made of the use of newspaper reports as sources of reference in this study. In evaluating the rapidly- changing problem of drug abuse and social attitudes towards this phenomenon, it is often Press reports that carry the most up-to-date information on current research and changes in social policy. For this reason references to professional journals and other academic sources have in some instances been supplemented by relevant newspaper articles and reports. The validity of this approach is especially evident when dealing with South Africa. For example, the dimensions of the drug problem in the Republic were first revealed in a series of reports in a Johannesburg newspaper, the Rand Daily Mail, which brought home to the public the extent to which the problem of dagga abuse involved the youth of South Africa. These reports contributed directly to the appointment in 1970 of a Committee of Inquiry to investigate the abuse of drugs in this country.

Federal marijuana policy is constantly changing. This research analyzes the political forces behind these changes, emphasizing the policy per se rather than emphasizing the process by which policy-making occurs. The research is based on a policy-making framework that includes the following concepts: perception of the problem, pluralism, incrementalism, and policy cycles. Of major concern is the "problem perception" stage of this cycle, i.e., how perceptions of marijuana have affected policies toward that drug. Other drugs, particularly opiates, are analyzed only to the extent they affect marijuana policy. In the early 1800's drugs were widely used in America, and they were not perceived as a problem. Later, they were perceived as a medical problem. The Harrison Act of 1914 reflected these medical perceptions. But narcotics soon were perceived as a source of crime, and federal narcotics officials, through court procedures, used the Harrison Act to apply criminal sanctions to narcotics users, and to exclude doctors in private practice from treating drugs as a medical problem. In the 1930's marijuana was perceived by federal officials as a narcotic drug, and marijuana consumption was perceived as a criminal phenomenon. Therefore, the Marijuana Tax Act of 1937 was modeled after the Harrison Act of 1914, with penalties for marijuana violations similar to those of narcotics violations. In 1951 and 1956, the Federal Bureau of Narcotics successfully lobbied to increase the criminal sanctions for marijuana violations, despite opposition presented by the Department of Health, Education, and Welfare. In the 1960's new perceptions began to emerge. The 1962 White House Conference called by President Kennedy critically evaluated existing policies toward narcotics and marijuana, and it suggested that drug consumption should be treated as a medical and social problem rather than as a criminal problem. A content analysis of Presidential messages in the 1960's indicates President Kennedy probably viewed drugs as a medical problem, and Presidents Johnson and Nixon viewed drugs as a criminal problem. The 1960's saw changes in perceptions toward drugs that subsequently led to policy changes. The Narcotic Addict Rehabilitation Act of 1966 provided for emphasis on medical treatment rather than criminal sanctions for narcotics users. This act reflects a change in perceptions of marijuana by allowing probation and suspended sentences for marijuana violations, thus drawing a distinction between the consequences of narcotics consumption and marijuana consumption. The Marijuana Tax Act of 1937 was held to be a valid tax act by the Supreme Court, Litigants continued to attack the constitutionality of the act in their attempts to reverse convictions for violations of marijuana laws. Arguments based on freedom of religion, the right to privacy, the Equal Protection Clause, and cruel and unusual punishment were rejected. Timothy Leary's conviction was overturned, based on a self-incrimination argument, but the Court declined to expand this ruling. The Comprehensive Drug Abuse Prevention and Control Act of 1970 includes provisions indicating a change in perceptions toward marijuana. Of particular importance is the provision allowing federal courts to grant probation for certain marijuana offenses, and then to expunge the offender's record of any reference to criminal sanctions for such offenses. Changes in marijuana policy have been incremental, even in recent legislation. Two groups have been responsible for most of the political conflict and policy related to marijuana. These are the Bureau of Narcotics and the Department of Health, Education, and Welfare. Private groups have been vocal but not influential. Litigants have had limited success in courts due to the lack of a united effort.

Law enforcement agencies are faced with the problem of how to reduce crime in the most economical method possible without violating the law. Since drug offenders also engage in a disproportionate amount of non-drug crime, then drug enforcement is considered as an acceptable general crime control method. Unfortuantely, this is an expensive option because incarcerating offenders is both costly and ony a short-term solution to the problem. A review of existing research examining the prior criminal histories of drug offenders compared to their previous involvement in violent and property crime is conducted to evaluate this relationship.

Drawing on standpoint and intersectionality theories, this study explores the degree to which New York State’s Rockefeller Drug Laws and interactions between criminal, educational, and welfare policies have contributed to the maintenance of a culture of surveillance in which the lives of African American women in distressed households are overseen and influenced by oppressive policies and governmental institutions. Qualitative secondary analysis of longitudinal ethnographic data was conducted. Two detailed family cases are the focus of the study. Findings demonstrate multiple disadvantages that impoverished African American families struggling with alcohol and/or other drugs (AOD) use and/or sale experience. These disadvantages accumulated intergenerationally, in a snowball effect making it difficult for participants to maintain stable lives. For instance, oppressive policies, discrimination, poverty, AOD use, and violence hindered many participants’ ability to obtain a high school degree which in turn contributed to the obstacles they faced finding meaningful employment. Findings explored the tension between participants’ experiences with oppression and the multiple ways they either assimilated or resisted their oppression. While the Rockefeller Drug Laws assume that harsh sentences deter people from AOD use/sale, none of the participants mentioned imprisonment as a motivator to avoid AOD. Participants’ classification of crack, cocaine, and heroin as the most dangerous AOD were congruent with the Rockefeller Drug Laws’ classification of AOD. However, the way the law dispensed prison sentences reduced people to their AOD use because it disregarded all other aspects of their lives. Unlike the Rockefeller Drug Laws, participants found drug use to be sometimes a functional activity insofar as it was an additional source of income and a coping strategy in dealing with oppression. Findings indicate that simply addressing problematic AOD use among impoverished African American families in New York at the micro level is not sufficient or feasible. While it is important to examine and address individual needs and problems associated to AOD use, macro forces such as lack of meaningful employment for unskilled workers must be addressed. Social workers must foster critical thought, support an operational definition of AOD abuse/dependence, and advocate for social justice within the field of AOD use. / text