[Editor's note: This story originally was published by Real Clear Policy.]
By Chelsea Boyd & Ronald W. Dworkin
Real Clear Policy
It is rare for a drug to go from villain to godsend in the public mind. However, cannabis seems to be one of those rare cases. As more states move toward some form of legalization, a tangle of varying laws is cropping up across the country, making it hard for Americans to know if their THC gummies will get them thrown in jail or make them the most popular person at the party.
The mixture of laws and regulations has become so confusing that the federal government will have to step in at some point and provide a more uniform regulatory framework. However, since medical and recreational cannabis serve different purposes, they need to be treated differently.
For recreational cannabis, lawmakers should look to the federal laws and regulations that surround the alcohol and tobacco industries as a good starting point.
Like tobacco and alcohol, cannabis raises safety issues, especially in young people. The active debate over cannabis’ effect on the developing brain is reason enough to keep cannabis away from teenagers. In fact, today’s youth are more likely to use cannabis than tobacco. As is the case with tobacco and alcohol, stricter enforcement through compliance checks on cannabis retailers is needed. A federal authority to help states perform these checks should be included in any new federal regulations.
Like alcohol, cannabis is mood modifying. This means what can and cannot be done while under the influence must be regulated. Driving is the most obvious concern. Since cannabis stays in the system longer than alcohol, even occasional use can result in a positive drug test. Developing federal guidelines for what constitutes cannabis intoxication will not only ensure workplace and public safety, but also help protect peoples’ legal right to use cannabis.
Just as the federal government requires beer and wine manufacturers to list the percentage of alcohol on their products, so should the government regulate the THC — the psychoactive component of cannabis — concentration in cannabis products.
Another safety concern is second-hand cannabis smoke, which is as noxious, and possibly as dangerous, as second-hand tobacco smoke. Unlike tobacco, public consumption of cannabis is largely prohibited by state laws, although some states are beginning to allow designated consumption establishments. Clean air and smoke-free laws that protect bystanders from exposure to tobacco smoke should also apply to cannabis.
Since smoking is not the only way to consume cannabis, public consumption can occur without directly impacting bystanders. In this case, alcohol laws that restrict public consumption through open containers or drunk and disorderly conduct can be adapted to public cannabis consumption. Regulating public consumption should partially ease the concerns of those who fear cannabis legalization will normalize its use.
Regulations on the advertising and promotion of alcohol and tobacco can also be extended to recreational cannabis. Both alcohol and tobacco products must display health warning labels on their packaging. This could be applied to cannabis as well. Currently, state laws on advertising recreational cannabis range from complete bans on advertising to minimal restrictions. The federal government can provide a framework for advertising restrictions to help standardize the approach.
Support for cannabis legalization, for both its medical and recreational use, has inched up over the years so that now more than two-thirds of Americans support it. The federal government should sense the changing tides and provide regulatory guidelines for states, as they already do with tobacco and alcohol. Adopting a federal regulatory framework for recreational cannabis use will not further drive its surging popularity, but is a logical reaction to it.
Chelsea Boyd, M.S. is a fellow in the Integrated Harm Reduction program at the R Street Institute.
Ronald W. Dworkin, MD, PhD is a physician and political scientist. His other writing can be found at RonaldWDworkin.com.
[Editor's note: This story originally was published by Real Clear Policy.]
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