On October 5, 1937, Moses Baca (a 26-year-old hispanic worker, husband and father of three), and Samuel Caldwell (a 58-year-old white widower and father of two), were the first people convicted under the Marihuana Tax Act. This law criminalized the possession and sale of cannabis in the United States.
Baca was arrested for possessing a quarter ounce of cannabis and sentenced to 18 months in prison.
Caldwell was arrested for selling three marijuana cigarettes and was sentenced to four years.
“Under its influence [Baca] said, he became a wild beast, and two weeks ago tried to murder his wife, the mother of his three children,”
Baca and Caldwell's arrests were a watershed moment in the history of the War on Drugs. After the repeal of Alcohol Prohibition in 1933, US policymakers sought new political agendas exploit and marijuana was an ideal target.
The plant was believed to be widely used by Mexican immigrants and African Americans. In fact, in the New York Times on September 16, 1934, a headline read:
“Use of Marijuana Spreading in West: Children said to Buy It,"
The same article continued:
“Although as appalling as its effects on the human mind and body as narcotics, the use of marihuana appears to be proceeding unchecked in Colorado and other Western States with a large Spanish-American population. The drug is particularly popular with Latin Americans, and its use is spreading to all classes.”
After Baca's arrest, the Denver Post continued to perpetuate that same propaganda, stating:
“Under its influence [Baca] said, he became a wild beast, and two weeks ago tried to murder his wife, the mother of his three children,”
This quote is both untrue and complacent in the dog-whistle politics of this time.
...crazed Mexicans, blacks, and fans of jazz clubs were pushing marijuana “reefers” on school children and honest youths, turning them into raving murderers.
The Marihuana Tax Act is a discriminatory law that was designed to target minority communities. The efforts were lead largely by Harry Anslinger, the commissioner of the Federal Bureau of Narcotics. Anslinger was a documented racist and xenophobe who launched the U.S. government's scare propaganda that lasted over a decade. The campaign's goal was to convince Americans that crazed Mexicans, blacks, and fans of jazz clubs were pushing marijuana “reefers” on schoolchildren and honest youths, turning them into raving murderers.
Harry Anslinger traveled two days by rail to attend the trial and sentencing of Caldwell and Baca. Samuel Caldwell served his full sentence, while Moses Baca served 14 months. Samuel Caldwell died less than a year after his release from liver cancer.
Today, cannabis advocates hold October 5 as a day of remembrance: The Commemoration of the Victims of Prohibition.
Marijuana use will not be tolerated.
Baca and Caldwell's convictions were a miscarriage of justice. Their arrests and sentences were designed to send a message to minority communities: marijuana use will not be tolerated. Their convictions also marked the beginning of a decades-long war on drugs that has disproportionately impacted marginalized communities while simultaneously demonizing cannabis users.
Today, Baca and Caldwell's stories are both a beacon of hope for the future in that it points us toward the progress that has been made in the cannabis industry. It pulls back the curtain of darkness draped over the devastating impact that the War on Drugs has had on communities of color.
A cannabis user can, in one form or another, purchase Gelato 41 and enjoy it responsibly and legally throughout the country, while many people of color sit behind bars for possession of the same strain.
There is a thriving cannabis industry that employs thousands of people and generates billions of dollars in revenue each year.
The cannabis industry has a responsibility to educate users and honor the legacy of Baca and Caldwell by working to dismantle the racist and unjust drug laws that have been used to oppress marginalized communities for decades.
Baca and Caldwell's story is a reminder of the importance of fighting for social justice in the cannabis industry. We further this effort by working to create a cannabis industry that is equitable and inclusive. We can do this by:
Supporting minority-owned cannabis businesses like Astra Herbs Dispensary
Advocating for policies that reduce barriers to entry for minority entrepreneurs
Educating the public about the racial disparities in the War on Drugs
Working to end the stigma associated with cannabis use
Astra Herb's Commitment
Astra Herbs is committed to continuing to fight the good fight by bringing legal cannabis to all markets. We are actively working to ensure that everyone has access to safe and affordable cannabis, regardless of their race, income, or zip code, through the following action:
Supporting BIPOC-owned cannabis wholesalers and growers when choosing which products we bring to you
Advocating for cannabis legalization and reform at the local, state, and federal levels
Educating the public about the benefits of cannabis.
Giving back to the communities we serve by donating 10% of our profits to groups fighting cannabis prohibition and creating a more equitable cannabis industry.
*To celebrate Victims of Prohibition Day, use code RECLAIMED at checkout for 10% off and $5 shipping.
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