Effective Drug Control: Toward A New Legal Framework

market in 1898 when Bayer Pharmaceuticals introduced it as “The Sedative for Coughs.”
Heroin was first thought to be a cure for morphine dependency and was used briefly to
relieve morphine withdrawal symptoms, 36 but it was mostly in great demand for treating
patients suffering from tuberculosis, pneumonia and other common respiratory conditions
of the time. Named for its tendency to make the user feel “heroisch” (“powerful” in
German), 37 heroin’s own propensity to foster dependency was debated but did not
initially arouse much concern. 38 Heroin was widely prescribed by doctors into the 1920s.
Coca has been used in South America for thousands of years for its effects as a
stimulant and for religious and mystical purposes. The active element of coca, cocaine,
was first isolated from the coca plant in 1844 and became popular in Europe and North
America as a drink additive. French Wine of Coca, Ideal Tonic, was registered under the
trademark “Coca-Cola” in 1885; due to the “dry laws” at the time, alcohol was replaced
by cola nuts in 1886. 39 Originally advertised as a medicinal beverage, Coca-Cola
contained both coca and caffeine until the coca was removed in 1903. 40 Cocaine was
made famous by Sigmund Freud for its “exhilarating” effect on the body and as a
treatment for depression and morphine addiction. 41 The medical use of cocaine was also
publicly endorsed by the Surgeon-General of the United States Army. 42 Between 1890
and 1905 cocaine’s popularity surged as a treatment for fatigue and respiratory ailments
and as an ingredient in various tonics, ointments and sprays. 43
The Puritan and the Progressive: Confluence of Cultural Strains
In early America many drugs now considered illicit were widely and often used.
George Washington and Thomas Jefferson, in fact, documented their cultivation and use
of hemp for pain relief and other purposes. 44 Drug use was not without its critics and was
certainly attended by numerous personal and family problems, but the vast majority of
drug users were able to lead productive lives and their drug use or dependency did not
prevent them from being fully functioning contributors to American society. 45 Drug use
in the 19 th century generally lacked the stigma of today and indeed was just as prevalent
in high society as it was in the nation’s ghettos and slums, as President William
McKinley, Queen Victoria and other European royalty celebrated and entertained with
coca wine, for example. 46
The 19 th century featured Western imperialism, growing international commerce,
the industrial revolution and waves of immigration, bringing about massive social and
cultural changes in the United States. The nation’s economy began moving away from
its agricultural roots and cities grew in size and importance, as factory work increased
and traditional living conditions and lifestyles changed dramatically. Substances such as
opium, tobacco, tea and coffee had become more easily obtainable through foreign trade
and alcoholic beverages became industrial commodities that were available year round.
Heavy use of substances that had once been available only to the wealthy was becoming
increasingly common in the lower classes and popular understanding of drug usage began
to change. 47 While the use of many different drugs was both legal and widespread in 19 th
century America, it was not universally accepted and doctors, religious leaders and
government officials warned against excess and advocated for moderation or restriction.
Arguments for prohibition began to gain political traction as the social and economic
upheavals helped bring the issue to mainstream America.