As States Legalize Marijuana, What’s Next?
After New Jersey officially legalized marijuana in November 2020, the next step is imminent: legal marijuana sales. Several dispensaries plan to welcome all adults on April 21 after obtaining approval from the state’s Cannabis Regulatory Commission. Supporters of the initiative have called it “the end of prohibition” coming to New Jersey, believing that the industry has the potential to reel in billions for the state. So, what might a world where the stigma and restrictions regarding marijuana have faded look like?
A first, crucial consideration is limiting harm from different angles. To reduce the harm of the war on drugs — as much as possible — Chairman Dianna Houenou of the Cannabis Regulatory Commission has made it her goal to ensure priority consideration for businesses run by minorities, disabled veterans, or those with prior marijuana convictions, opening up opportunities where they may have been denied before. Police in New Jersey are also cognizant about the possibility of underage use, which is why they are pushing for stronger efforts in education and awareness.
Then there is the possibility of seeing marijuana in new contexts, which forms part of the struggle to destigmatize its use. In particular, a new clarification by the New Jersey Attorney General indicated that police officers can get high on marijuana as long as they are not on duty. For some, this is a welcome middle ground — given New Jersey’s aforementioned legalization — but not everyone is convinced by this change. There are still a lot of unanswered questions, from the officer’s state-of-being at the time of contact with a defendant, to the process of drug testing and filing reports. States like New York took opposite action: despite the legalization of marijuana, the NYPD did not want its officers to use it under any circumstance. Only time will tell which decision will end up being “best” for the workforce and citizens.
Other states are not even close to entertaining further conversations about use, as they are still pushing for legalization. South Dakota is one of those states; despite a 54% approval for legalizing marijuana in 2020, the state Supreme Court struck down the decision due to a technicality: the judge ruled that the process used to modify the constitution acted as a revision instead of an amendment, requiring the process to start all over again.
And while the conversations seem fragmented at the state level, efforts for some nationwide consensus are far from forgotten. The House passed a bill legalizing marijuana this month, but the Senate has yet to pass anything comparable yet. According to the director of the National Organization for the Reform of Marijuana Laws, any hope for all-inclusive legislation is minimal. There is no bipartisan support for marijuana, and the average age of the Senate puts the group primarily in a demographic that is anti-marijuana reform.
The opponents are plentiful outside the Senate, with groups like the American Medical Association stating that the benefits of cannabis are limited, and legalization could end up being a public health threat. Regardless, nearly ⅔ of Americans support legalization, with 18 states having legalized its recreational use and 37 legalizing its medical use in recent years. The potential for “public health savings, job creation, tax revenue, and social justice benefits” seems appealing; however, for those legislators traditionally on the fence, it will be a hard sell.
Even an all-encompassing legal decision may not fill in all the cracks, as evidenced by the Native American tribes marginalized by current marijuana laws. While New Mexico has a $200 million and growing marijuana market, the Picuris cannot grow the crop, having been raided on several occasions by the Bureau of Indian Affairs. This treatment of Native Americans is an unfortunate continuation of government limitations, from not giving tribes the chance to rent the land they live on, to leeching on tribes’ tax revenue. This isn’t to say Native Americans have never formed part of the conversation, as Obama-era protections did exist until they were repealed by the Trump administration. Tensions between tribes and state governments, like in South Dakota, have been high, as the former would not want to give up rights to taxation or business regulation. But as more states go down the path of legalization, and try to make up for lost time by signing protective agreements with tribes, marijuana’s future from a legal standpoint is promising.
Legalizing marijuana is just one component of a much longer, much more complex discussion. As its presence becomes more widespread, clear guidelines will be necessary to prevent underage abuse, workplace violations, or continued marginalization of communities. Getting on the same page will be difficult, and may not happen for a long time, but it is never too late for forward-thinking conversations — superficial thoughts lead to superficial conclusions.