The First Cannabis Arrest: A Forgotten History
Have you ever heard the names Samuel R. Caldwell or Moses Baca?
Probably not. They aren’t exactly household names, but their stories are tied to one of the most pivotal moments in cannabis history in the U.S. They represent the start of what would become a decades-long war on marijuana.
Samuel R. Caldwell was just an ordinary farmer and laborer back in 1937, doing what he could to scrape by during the Great Depression. Moses Baca was his customer. What connects these two men is that they were both arrested in Colorado—Caldwell for selling two marijuana cigarettes and Baca for possessing less than an ounce. But here’s the kicker: Colorado, the state that arrested them, would later become one of the first to legalize recreational cannabis. History has a funny way of turning things on its head.
The Arrests That Made History
Picture this: It’s October 2, 1937. The Marijuana Tax Act had gone into effect just the day before. Samuel R. Caldwell gets arrested in Denver for selling two joints to Moses Baca. For that “crime,” Caldwell was sentenced to four years of hard labor in Leavenworth Penitentiary and fined $1,000—a huge sum during one of the worst economic crises in U.S. history.
Baca, on the other hand, was thrown in jail for 18 months for simply being in possession of marijuana. These arrests marked the government’s first moves to enforce the new law, making Caldwell and Baca the first casualties in what would become a full-blown crackdown on cannabis.
The Great Depression: Survival at Any Cost
It’s easy to forget the world these men were living in. The Great Depression had left millions unemployed and desperate. For many, survival meant doing whatever it took—whether that was growing, selling, or using marijuana.
Caldwell likely turned to cannabis as a way to earn a little extra money, like so many others struggling in the 1930s. But the new Marijuana Tax Act was a trap, especially for lower-income people who didn’t have the means to navigate the confusing bureaucracy of registering, paying taxes, and complying with strict government rules.
The Marijuana Tax Act of 1937: A Backdoor to Criminalization
The Act didn’t outright ban marijuana. Instead, it wrapped cannabis in so much red tape that participating in its market legally became almost impossible. The law required anyone involved in growing, selling, or distributing cannabis to pay a tax and register with the government. Failure to comply meant severe fines and prison time.
Harry Anslinger, the head of the Federal Bureau of Narcotics, was the man behind the curtain. He used fear and propaganda to sell the public on the idea that cannabis was dangerous. His campaigns were filled with racist undertones, blaming marijuana for violence and immorality, especially in communities of color. It didn’t matter that cannabis had been a part of human history for thousands of years. In Anslinger’s hands, it became a boogeyman.
Cannabis’s Ancient Roots
Cannabis didn’t start in Colorado—or even in the U.S. This plant has a history that stretches back thousands of years. In 1500 BC, it was recorded in Chinese medical texts as Rh-Ya, used for its healing properties. In India, it was revered as a spiritual tool. Even early Americans grew hemp for practical uses like making rope and textiles.
For most of history, cannabis was seen as a versatile and valuable plant. But by the early 20th century, shifting public opinion and targeted propaganda turned it into something sinister—a symbol of moral decay.
The Irony of Colorado
And that brings us back to Colorado. The same state that arrested Caldwell and Baca for cannabis crimes in 1937 would go on to legalize recreational marijuana in 2012, becoming one of the first states to do so.
Today, Colorado’s cannabis industry generates billions of dollars, supports countless jobs, and funds schools and infrastructure through tax revenue. The irony is impossible to ignore: what was once considered a crime worthy of hard labor is now a cornerstone of Colorado’s economy.
Reefer Madness and Public Fear
Part of what fueled the hysteria around cannabis was propaganda like the 1936 film Reefer Madness. This over-the-top movie portrayed marijuana as a dangerous drug that led to violence, insanity, and crime. It was laughable by today’s standards, but back then, it helped cement cannabis’s reputation as a public enemy.
This fear-based narrative ignored centuries of evidence showing cannabis as a medicine and industrial resource. Instead, it created a climate of fear that justified harsh laws like the Marijuana Tax Act.