Once-Secret "Nixon Tapes" Show Why the U.S. Outlawed Pot

Thirty years ago the United States came to a critical juncture in the drug war. A Nixon-appointed presidential commission had recommended that marijuana use not be a criminal offense under state or federal law. But Nixon himself, based on his zealous personal preferences, overruled the commission's research and doomed marijuana to its current illegal status.

This newly revealed information comes from declassified tapes of Oval Office conversations from 1971 and 1972, which show Nixon's aggressive anti-drug stance putting him directly at odds against many of his close advisors. Transcripts of the tape, and a report based on them, are available at www.csdp.org.

Congress, when it passed the Controlled Substances Act in 1970, temporarily labeled marijuana a "Schedule I substance" -- a flatly illegal drug with no approved medical purposes. But Congress acknowledged that it did not know enough about marijuana to permanently relegate it to Schedule I, and so they created a presidential commission to review the research and recommend a long-term strategy. President Nixon got to appoint the bulk of the commissioners. Not surprisingly, he loaded it with drug warriors. Nixon appointed Raymond Shafer, former Republican Governor of Pennsylvania, as Chairman. As a former prosecutor, Shafer had a "law and order," drug warrior reputation. Nixon also appointed nine Commissioners, including the dean of a law school, the head of a mental health hospital, and a retired Chicago police captain. Along with the Nixon appointees, two senators and two congressmen from each party served on the Commission.

The Shafer Commission -- officially known as the National Commission on Marihuana and Drug Abuse -- took its job seriously. They launched fifty research projects, polled the public and members of the criminal justice community, and took thousands of pages of testimony. Their work is still the most comprehensive review of marijuana ever conducted by the federal government.

After reviewing all the evidence, these drug warriors were forced to come to a different conclusion than they had at first expected. Rather than harshly condemning marijuana, they started talking about legalization. When Nixon heard such talk, he quickly denounced the Commission -- months before it issued its report.

As a result of Nixon's public rebuke, Shafer met with the President. The Commission was upset, and the purpose of the meeting was to reassure them. But Nixon didn't budge. Instead, he warned Shafer to get control of his commission and avoid looking like a "bunch of do-gooders" who are "soft on marijuana." He warned Shafer that the Commission would "look bad as hell" if it came out with recommendations different from the direction of Congress and the President.

During their meeting, Shafer reassured the President that he would not support "legalization," even though there were some on the Commission who did. He told Nixon they were looking for a unanimous recommendation. Nixon warned Shafer that he "had very strong feelings" on marijuana. Nixon and Shafer also discussed Shafer's potential appointment to a federal judgeship.

But in the end, the Shafer Commission issued a report that tried to correct the "extensive degree of misinformation," to "demythologize" and "desymbolize" marijuana. They reported finding that marijuana did not cause crime or aggression, lead to harder drug use or create significant biochemical, mental or physical abnormalities. They concluded: "Marihuana's relative potential for harm to the vast majority of individual users and its actual impact on society does not justify a social policy designed to seek out and firmly punish those who use it."

The most important recommendation of the Commission was the decriminalization of possession or non-profit transfer of marijuana. Decriminalization meant there would be no punishment -- criminal or civil -- under state or federal law.