What Critics Still Get Wrong About Marijuana Legalization

By most measures, cannabis legalization is a resounding success for the 24 states (plus D.C.) that have implemented it. That’s why no state has ever repealed its legalization laws, and public support for the policy remains near all-time highs.

Nonetheless, the policy still has its critics. Among them are the editors at the New York Times who, in a recent editorial, opinedthat states have rushed to legalize the substance “without adequately regulating it.”

In truth, however, state marijuana markets are highly regulated — and many of the options they proposed are either redundant or would inadvertently strengthen the illicit marketplace.

For instance, the Times claims that cannabis products aren’t sufficiently taxed. But this is far from the truth. In fact, most states impose taxes on cannabis products that far surpass those on alcohol. In some states, consumers face a tax burden of nearly 40 percent on cannabis products — that is, if they choose to pay it.

In many cases, excessive taxes steer consumers toward the unregulated market. Higher taxes on legal cannabis will only amplify this trend, undermining the primary goal of legalization: to provide adults with safe, affordable, and legal access to lab-tested products.

The Times editors also allege that “Big Weed” is pushing products designed to appeal to children by mimicking trademarked brands. This is wrong — the products highlighted by the Times are exclusive to the unregulated market.

Typically, these products are “hemp-derived” intoxicants sold at gas stations and smoke shops in jurisdictions where cannabis remains illegal. (In legal jurisdiction, there’s little demand for these products.) They’re not available at state-licensed dispensaries, since most state-regulated markets explicitly prohibit products that resemble existing brands or target underage people.

The Times also warns that the legal industry is promoting uniquely potent products. But high-potency varieties of cannabis, like hashish, have always been available. And when consumers encounter higher strength cannabis, they typically consume less of it— just like alcohol consumers will generally drink less liquor than beer.

Further, most state-legal markets already impose limits on potency or on the total amount of THC permissible per single serving. This trend speaks to one of the primary advantages of legalization. It gives governments the ability to oversee the market, establish regulations and best practices, and sanction those who don’t play by the rules.

Finally, the Times cautions that a growing number of Americans acknowledge consuming cannabis products post-legalization. This is true.

However, the Times neglects to highlight that this growth is exclusively among adult consumers. In fact, marijuana use by young people has fallen dramatically during the past decade — overlapping with the adoption of state-level legalization — and is now at historic lows.

Curiously, the Times fixates on the fact that among some consumers, cannabis use is surpassing the use of alcohol. This is neither surprising nor troublesome. As more Americans have become aware of the significant health consequences associated with alcohol, its consumption has fallen dramatically.

Moreover, many scientific experts — and even the Times editors — acknowledge that marijuana “is safer than alcohol,” and many consumers have switched for this very reason. That doesn’t seem like such a bad thing.

There’s one thing the Times editors get right: they wisely acknowledge that America shouldn’t return to the failed policy of “heavy-handed criminal prohibition.”

Prohibition is an unmitigated disaster that results annually in hundreds of thousands of needless criminal arrests and disrupted lives. In fact, it’s the failure of prohibition that ushered the modern push for cannabis legalization and regulation in the first place.

Today, some two-thirds of the public support legalizing marijuana. That’s because most Americans prefer regulation to criminal prohibition.

Has legalization’s rollout been perfect? Of course not. Are there trade-offs that must be considered? Certainly. Should governments continue to adjust regulations as we learn more? Yes, indeed.

Cannabis re-legalization is a work in progress. But it’s here to stay — and by and large, it’s a process we’re getting right.

The post What Critics Still Get Wrong About Marijuana Legalization appeared first on CounterPunch.org.