California Laws and Programs

Opium

California's current response to drugs and its enforcement of laws designed to prevent use of certain [Page 119]substances is influenced by a history of prohibition, control laws, and attempts at regulation that began in the 19th century. During the 19th century, an influx of Chinese immigrants came to California. In China, opium had become popular during the 18th century, and was often mixed with tobacco and smoked. After 1860 widespread opium production was common throughout China, ultimately resulting in a quarter of the population being addicted to the substance by the end of the century. As Chinese immigrants came to California, they brought with them the practice of using opium.

Before 1860 there had been little opium used in California, and no legal restrictions existed regarding its importation, sale, or use. As Chinese immigrants brought the substance with them, however, opium became more common, especially in the San Francisco area where the Chinese population was centered. By 1875 opium use had become widespread and problematic among both Caucasians and the Chinese. In response, San Francisco passed the Opium Den Ordinance, which prohibited the public smoking of opium. Fueled in part by anti-Chinese sentiments, the Opium Den Ordinance was also was a response intended to prevent opium usage spreading into the Caucasian population. The ordinance's effect was to push opium dens underground, a trend that continued throughout the rest of the century. As a result, opium dens actually grew in appeal, so much so that a list of known dens was published in San Francisco newspapers, furthering their popularity.

San Francisco supervisors experimented for a year with a license fee for wholesale opium dealers in an attempt to generate revenues. The success of this fee was short-lived. A resulting prohibition movement that followed this culminated in 1907 with the outlawing of all non-prescription sales of opium and cocaine. This era instituted new tactics for dealing with the drug problem, including drug raids, the use of informants, and the arrest of users. Such efforts culminated when the San Francisco Board of Pharmacy staged a large-scale bonfire in the heart of Chinatown, burning opium paraphernalia such as pipes and thus breaking the strength of the opium culture. After 1909 users were left to find new sources for their opium. Many would later turn to drugs that proved more difficult to detect and transport due to their more concentrated liquid form, such as morphine and heroin. This experience has in many ways colored California's later response to illegal drugs, with conflicting desires for prohibition being mixed with a more permissive attitude toward use and an understanding that taxing such substances could provide government revenue.

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