Understanding the Past: What Was the First Drug to Become Illegal?

October 5, 2025 •

3 min read

In 1875, the city of San Francisco passed the first anti-drug law in the United States, targeting opium dens and primarily affecting Chinese immigrant communities. The complex history of what was the first drug to become illegal reveals that opium was the initial substance criminalized, driven by a combination of public health concerns, moral panic, and racial animosity.

Quick Summary

Opium was the first drug targeted by legal restrictions in the U.S., with early local ordinances and federal acts progressively tightening regulations. The 1875 San Francisco Opium Den Ordinance and the 1909 federal Smoking Opium Exclusion Act marked key milestones in its prohibition, ultimately leading to broader controls on narcotics and cocaine.

Key Points

Local Ordinances: The first anti-drug law in the U.S. was the 1875 San Francisco Opium Den Ordinance, which targeted opium consumption in immigrant communities.
Federal Prohibition (First): The first federal law to ban the non-medical use of a substance was the 1909 Smoking Opium Exclusion Act, which prohibited the importation of smoking opium.
Medicinal Exceptions: Early laws like the 1909 act and the later Harrison Act initially included exceptions for medical use, which became increasingly restricted.
Discriminatory Roots: Much of the early drug legislation was motivated by racial prejudice against Chinese immigrants using opium and, later, African Americans associated with cocaine.
Harrison Act's Impact: The 1914 Harrison Narcotics Tax Act controlled opiates and cocaine through taxation and registration, but court rulings transformed it into a criminal prohibition on maintenance prescribing.
Taxation as a Tool: The Harrison Act used the federal government's power to tax as a means to regulate and restrict narcotics, sidestepping constitutional challenges to outright bans.
Shift to Criminalization: These early laws shifted the approach to drug use from a public health issue treated by physicians to a criminal one enforced by law enforcement.

Early Local Ordinances and the Roots of Drug Prohibition

While federal laws dominate modern drug policy, the first steps toward criminalization were taken at a local level. The history of drug prohibition is intertwined with social and racial tensions, particularly targeting immigrant communities.

In 1875, San Francisco passed the Opium Den Ordinance, making it a misdemeanor to maintain or visit opium dens. This law, primarily aimed at Chinese immigrants, targeted the users and locations of consumption rather than the substance itself. Municipalities and states subsequently enacted their own measures.

Federal Regulation Begins: The Opium Exclusion Act of 1909

The federal government's first major step in drug criminalization was the Smoking Opium Exclusion Act of 1909. This act was the first federal law to prohibit the non-medical use of a substance. It specifically targeted the importation and use of 'smoking opium,' largely associated with Chinese immigrants. The act allowed for the importation of opium for medicinal purposes but marked a significant shift in federal drug control.

The Harrison Narcotics Tax Act of 1914

The Harrison Act significantly expanded federal drug control, regulating and taxing opiates and coca products. It required registration for those involved in the drug trade and imposed heavy taxes. A key Supreme Court interpretation later limited doctors' ability to prescribe narcotics to addicts, pushing addiction treatment into a criminal framework. This act was influenced by sensationalized claims linking drug use to racial minorities.

A Comparison of Early U.S. Drug Legislation


Feature	Pure Food and Drug Act (1906)	Smoking Opium Exclusion Act (1909)	Harrison Narcotics Tax Act (1914)
Scope	Required labeling of ingredients like opiates, cocaine, and alcohol in patent medicines.	Banned importation and use of opium for smoking, but allowed for medicinal use.	Regulated and taxed the production and distribution of opiates and coca leaves (cocaine).
Goal	Consumer protection through transparency; truth in labeling.	Targeted recreational opium smoking, largely among Chinese immigrants.	Controlled narcotics through a taxation and registration system.
Effect	Reduced consumption of some patent medicines as ingredients were revealed.	Significantly restricted access to recreational opium, although a black market emerged.	Limited access to narcotics, increased prices, and created a criminal enforcement precedent.
Key Outcome	Created the foundation for the FDA, focusing on labeling and adulteration.	First federal law banning non-medical use of a substance.	Shifted drug control from a medical issue to a criminal one by limiting doctors' prescribing power.

The Legacy of Early Drug Laws

The progression from local ordinances targeting specific racial groups to federal tax laws intended to control and tax narcotics reveals a significant shift in U.S. drug policy. These early laws established a framework that prioritized criminal enforcement over public health, setting the stage for future policies. Understanding this history is crucial for comprehending the roots of modern drug control and its long-standing social impact.

Conclusion

While local regulations targeting opium dens began the process of criminalization in the late 19th century, the first federal law to make a substance illegal for non-medical use was the 1909 Smoking Opium Exclusion Act. This act, followed by the more comprehensive Harrison Narcotics Tax Act of 1914, established a pattern of drug control driven by a mix of moral panic, public health concerns, and often racially-motivated social and political pressures. The answer to what was the first drug to become illegal is not a single date or law but a series of incremental restrictions, with opium at the center of the earliest efforts to prohibit substance use in the United States.

This history demonstrates that the pharmacology of a drug is only one factor in its legal status; political, social, and cultural forces have played an equally significant role throughout history. The precedents set over a century ago continue to influence and shape the landscape of drug policy today.

For more insight into the broader context of U.S. drug policy, {Link: Drug Policy Alliance drugpolicy.org} provides a detailed history.

Frequently Asked Questions

Opium first became illegal at the local level with the 1875 San Francisco Opium Den Ordinance. At the federal level, the 1909 Smoking Opium Exclusion Act was the first law to prohibit the importation and use of smoking opium.

No, the 1906 Pure Food and Drug Act was not a prohibition law. It required accurate labeling of ingredients, including narcotics like opium and cocaine, but did not make them illegal. It was a consumer protection measure based on 'truth in labeling'.

The purpose of the Harrison Act was to regulate and tax the production and distribution of opiates and cocaine. It was framed as a tax measure to be constitutional, but its enforcement quickly led to criminalization by restricting access through physicians.

Yes, many early drug laws, both local and federal, were heavily influenced by racial bias. The San Francisco ordinance and the 1909 opium act targeted Chinese immigrants, while the rhetoric around the Harrison Act included inflammatory claims about African Americans and cocaine.

The first federal law to ban the non-medical use of a substance was the Smoking Opium Exclusion Act of 1909, which prohibited the importation and use of opium for smoking purposes.

The Harrison Act, through later interpretations by the Supreme Court, made it illegal for doctors to prescribe narcotics for the purpose of maintaining a patient's addiction. This effectively prevented medical treatment and forced addicts into criminal channels.

Heroin, a derivative of opium, was included under the regulations of the 1914 Harrison Act. Its importation was completely banned in the U.S. in 1924, solidifying its criminal status.