Boggs Act

The Boggs Act of 1951 (named for Louisiana Congressman Thomas Boggs, Sr., who sponsored the bill because he thought drug laws were too lenient) strengthened the enforcement of the Marihuana Tax Act of 1937 and the Narcotic Drug Import and Export Act of 1922 by enforcing harsh penalties on individuals convicted of drug law violations. This entry explores the historical context that led to the passage of the Boggs Act, the legal content of the act, and reactions to the act after its passage.

In the early 19th century, there was little to no legal regulation of drug use in the United States.

[Page 96]The use of marijuana, cocaine, heroin, and opium was often commonplace and even encouraged by many in the medical community. However, the late 19th century brought rapid change to the structure and culture of the United States, spurred by rapid industrialization, urbanization and waves of immigration. In the early 20th century, the use of illicit drugs became linked to acts of violence and other criminal behavior. The Harrison Act of 1914 created a federal system of medically related registration and taxation of illicit substances. While this act was originally seen as a mild attempt at narcotics regulation, it became the legal foundation from which further restrictions on drug use ensued.

The Narcotic Drug Import and Export Act of 1922 expanded the control of narcotics established by the Harrison Act by setting strict quotas on the quantity of drugs that could be imported into the United States and requiring a prescription to be issued to obtain certain narcotics. In 1930 the Federal Bureau of Narcotics was established and was headed by Harry Anslinger. Anslinger's charismatic personality allowed him to heavily shape policy in the coming years, especially the Marihuana Tax Act of 1937. This act was passed after panic swept the nation concerning the supposed link between marijuana and acts of violence.

Subsequent to the passage of the Marihuana Tax Act, Anslinger began a campaign against marijuana, continuing at first with his argument that marijuana led to violent behavior and then developing the “stepping stone theory” that contended that the use of marijuana led to the use of harder drugs, particularly heroin. Despite opposition from individuals in the medical community who argued that marijuana was not physically addicting and that it did not lead to violent behavior, both Congress and the public at large began to call for legislative action aimed at controlling marijuana use as well as the use of other narcotic drugs. This public and congressional outcry was largely spurred by a perceived increase in marijuana and narcotics use and addiction, particularly among the young between 1948 and 1951. The culmination of these events was the passage of the Boggs Act in 1951, which increased the penalties for all violators of marijuana and narcotics laws.

The Boggs Act of 1951 marked the first time that marijuana and narcotic drugs were considered together in an act of legislation. The Boggs Act provided uniform penalties for the Narcotic Drug Import and Export Act and the Marihuana Tax Act. The provisions of the act mandated that those charged and convicted of a first offense involving cocaine, marijuana, or opiates receive two to five years in prison, second-time offenders were to be given five to 10 years, and third-time offenders were to receive 10 to 20 years. The requirement of mandatory minimum sentences was largely aimed at the federal judiciary, since a key part of the Boggs Act removed judicial discretion in sentencing by mandating certain sentencing guidelines and removing the judge's ability to suspend a sentence or grant probation. In addition to the mandatory sentences, all offenses were to carry a $2,000 fine. The monetary fines associated with the Boggs Act were not higher because of the widespread belief that monetary penalties were an insignificant deterrent to drug abuse violations and that the only way to deter such violations was to apply stiff mandatory minimum sentences.

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