Pot’s illegality hasn’t stopped it from being used with great frequency in recent years by a great deal of the American public. So why not legalize it?
Well, one reason might be that it would result in even higher use:
…[A]longside legalization, such problems [self-described cannabis-use disorder] are becoming more common: The share of adults with one has doubled since the early aughts, as the share of cannabis users who consume [pot] daily or near-daily has jumped nearly 50 percent—all “in the context of increasingly permissive cannabis legislation, attitudes, and lower risk perception,” as the National Institutes of Health put it.
Public-health experts worry about the increasingly potent options available, and the striking number of constant users. “Cannabis is potentially a real public-health problem,” said Mark A. R. Kleiman, a professor of public policy at New York University. “It wasn’t obvious to me 25 years ago, when 9 percent of self-reported cannabis users over the last month reported daily or near-daily use. I always was prepared to say, ‘No, it’s not a very abusable drug. Nine percent of anybody will do something stupid.’ But that number is now [something like] 40 percent.” They argue that state and local governments are setting up legal regimes without sufficient public-health protection, with some even warning that the country is replacing one form of reefer madness with another, careening from treating cannabis as if it were as dangerous as heroin to treating it as if it were as benign as kombucha…
“I do think that not legalization, but the legalization movement, does have a lot on its conscience now,” [Kleiman] said. “The mantra about how this is a harmless, natural, and non-addictive substance—it’s now known by everybody. And it’s a lie.”…
“The reckless way that we are legalizing marijuana so far is mind-boggling from a public-health perspective,” Kevin Sabet, an Obama administration official and a founder of the nonprofit Smart Approaches to Marijuana, told me. “The issue now is that we have lobbyists, special interests, and people whose motivation is to make money that are writing all of these laws and taking control of the conversation.”
As a member of the generation of Americans that grew up in the 60s and was probably the first cohort to experience fairly widespread pot use (although the drug was very very different back then in terms of strength), I’m not the least bit surprised at the drug’s capacity for fostering problematic dependence. It’s been clear for decades that it has a lot of potential in that direction, and that although it’s almost certainly less dangerous than alcohol that does not make it benign.
I’m trying to think whether there is another substance that has been banned in America for a long time and has then become legal, and if so what happened after that. I can’t think of one, however. Liquor is not a good example, because it was traditionally legal and its use commonplace, and then it became illegal for a very short time (Prohibition) before it became legal again.
Alcohol is an enormously problematic substance that was already so heavily used by the public at the time of its banning that Prohibition didn’t have a chance. It was an example of a cat that was already out of the bag and could not be put back in. I believe that marijuana use today has been approaching that level, and that previous criminalization has resulted in differential, spotty, and ultimately ineffective prosecution. There may be no putting that particular cat back in the bag, either. But that’s not to say it isn’t a dangerous cat.
I don’t have an solution, unfortunately. But I definitely see a problem.
Here are some proposals:
One extreme option would be to require markets to be noncommercial: The District of Columbia, for instance, does not allow recreational sales, but does allow home cultivation and the gifting of marijuana products among adults. “If I got to pick a policy, that would probably be it,” Kleiman told me. “That would be a fine place to be if we were starting from prohibition, but we are starting from patchwork legalization…
The government could run marijuana stores, as in Canada. States could require budtenders to have some training or to refrain from making medical claims. They could ask users to set a monthly THC purchase cap and remain under it. They could cap the amount of THC in products, and bar producers from making edibles that are attractive to kids, like candies. A ban or limits on marijuana advertising are also options, as is requiring cannabis dispensaries to post public-health information.
Then, there are THC taxes, designed to hit heavy users the hardest.
At this point, the states represent a natural laboratory for the study of various approaches and their effects, because there’s a great deal of variety there. It seems to be the best we can do right now.



