MR. LEWIS: Does it strengthen the criminal will; does it operate as whisky might, to provoke recklessness?
MR. ANSLINGER: I think it makes them irresponsible. A man does not know what he is doing. It has not been recognized as a defense by the courts, although it has been used as a defense.
MR. LEWIS: Probably the word "excuse" or "mitigation" would be better than defense, I think.
MR. ANSLINGER: Here is one of the worst cases I have seen. The district attorney told me the defendant in this case pleaded that he was under the influence of marihuana when he committed that crime, but that has not been recognized.
We have several cases of that kind. There was one town in Ohio where a young man went into a hotel and held up the clerk and killed him, and his defense was that he had been affected by the use of marihuana.
MR. FULLER: The only question was whether or not he knew what he was doing, whether he was insane. That is always a defense, whether or not a man is in such a state of mind that he does not know good from evil. The question is whether or not his mind is right, whether he is responsible.
MR. ANSLINGER: As to these young men I was telling you about, one of them said if he had killed somebody on the spot he would not have known it.
In Florida a 21-year-old boy under the influence of this drug killed his parents and his brothers and sisters. The evidence showed that he had smoke marihuana.
In Chicago recently two boys murdered a policeman while under the influence of marihuana. Not long ago we found a 15-year-old boy going insane because, the doctor told the enforcement officers, he thought the boy was smoking marihuana cigarettes. They traced the sale to some man who had been growing marihuana and selling it to these boys all under 15 years of age, on a playground there.
MR. JENKINS: In my home town just recently two boys were sent to the penitentiary for life for killing a man, and their defense was built upon the fact that they had used a drug. I do not believe it was this drug.
MR. ANSLINGER: There have been a number of cases in Ohio recently.
MR. JENKINS: The defense was made for them by a very successful lawyer.
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