MEMO TO GOVERNORS: TAKE A LEADERSHIP ROLE IN THE DEBATE OVER MARIJUANA LEGALIZATION
Governors and state lawmakers across the country are ramping up efforts to pass marijuana legalization—and in the rush to enact legislation, are backsliding on provisions that ensure public health and safety. New Jersey Governor Phil Murphy recently signed into law a legalization bill that eased penalties for low-level possession by minors, including a “warning system” that escalates from parental notification to a referral to community service. In New York, Governor Andrew Cuomo revised his cannabis reform initiative to reduce criminal penalties for selling marijuana to a minor. It would be a Class A misdemeanor punishable by up to a year in prison, rather than a Class E felony that typically constitutes up to three years. Cuomo also sanctioned home delivery—after first proposing to bar such services—although this would require community approval.
Today, the governors urging legalization appear to have adopted the pro-pot advocacy groups' playbook. First, they claim that taxing legal weed would generate significant revenue to create jobs, boost post-COVID economic development, and plug state budget deficits—although many states wouldn’t see any money until years after the market has become fully operational. That wouldn’t be much help for New York’s projected $15 billion shortfall.
Next, lawmakers believe that legalization will promote criminal justice reform, social equity, and entrepreneurship in communities of color that were disproportionately harmed under cannabis enforcement laws. While decriminalizing low-level pot use is the correct policy, evidence from presently legal states shows that cash-rich big businesses, including tobacco and cannabis companies, and white-owned smaller firms, are gaining control of the industry.
And finally, these state leaders conveniently ignore the increased costs for law enforcement, healthcare and substance abuse treatment associated with legal weed. New studies show that underage use has increased in California since legalization. Also on the rise in many states, are fatal car crashes while under the influence of drugs, emergency room visits related to marijuana use, and cases of cannabis use disorder, especially among young people.
For all these reasons, I urge all governors considering legalization initiatives to take a strong leadership role and impose a temporary moratorium on further moves, providing time to study the impact so far in legalized states. And if they decide to go ahead with legalization, insist on strict rules and regulations to control the market—formulated in consultation with addiction professionals, treatment providers and parents of those struggling with substance use disorder.
The governors should make their voices heard far and wide advocating reasonable, evidence-based approaches to cannabis reform.
