Marijuana Vs Tobacco: Law And Order

Marijuana and tobacco are two of the most commonly used substances among US youth. Despite the liberalization of state laws, marijuana remains illegal under federal law. As of August 2023, the recreational use of marijuana is legal in 23 states and Washington, D.C., while medicinal use is permitted in 37 states. However, marijuana is a controlled substance under federal law, classified as a Schedule I drug with a high potential for abuse and no accepted medical use. This conflict between state and federal laws has led to confusion and legal challenges, with federal agencies generally reluctant to charge individuals for cannabis-related crimes unless associated with larger crimes or impaired driving.

The regulatory landscape for marijuana is rapidly evolving, and the public health community is grappling with how to balance public health objectives and individual liberties. While marijuana has been used for thousands of years, with many adults using it without exhibiting serious problems, there are well-documented harms associated with its use, particularly for youths. As such, public health regulations are needed, and insights can be drawn from alcohol and tobacco control models to inform the development of effective marijuana policies.

The tobacco control framework offers valuable lessons for regulating public consumption of cannabis. States that have legalized marijuana are facing challenges in maintaining smoke-free laws while determining where cannabis use is permitted. Exemptions in smoke-free laws for public cannabis smoking or vaping can expose non-users to secondhand cannabis smoke and its associated health risks. Therefore, states should aim to close gaps in smoke-free laws and carefully consider the expansion of cannabis consumption venues to ensure public health is protected.

Public health and safety challenges

The legalization of marijuana for medical or recreational purposes presents various public health, safety, and social justice challenges. While the regulatory strategies for tobacco and marijuana are similar, the public health implications of marijuana legalization must be addressed by tobacco control professionals and public health advocates.

Youth and Young Adult Addiction

The legalization of marijuana has increased youth and young adult access to cannabis products. As of January 2023, 20 states and Washington, D.C., have legalized cannabis for adult recreational use, and 38 states and Washington, D.C., have legalized it for medicinal purposes. The increased accessibility of cannabis has led to a rise in co-use with tobacco products, including cigarettes, e-cigarettes, and smokeless tobacco. Among youth aged 12-17, the co-use of cannabis and tobacco is more prevalent than using either substance individually. This trend is concerning given the negative health effects of cannabis and nicotine on young people, including impaired brain development and links to depression and psychotic illness.

Secondhand Smoke Exposure

Public health officials are concerned about the potential exposure of non-cannabis users to secondhand cannabis smoke (SHCS) and aerosols, particularly in shared indoor spaces. SHCS contains carcinogenic compounds found in tobacco smoke, and non-users exposed to SHCS have shown measurable levels of tetrahydrocannabinol (THC) in their blood and urine. Vaporizing cannabis also creates high concentrations of hazardous particulates. While the science of SHCS exposure is still emerging, existing research indicates that it impairs cardiovascular function.

Driving Under the Influence

Driving under the influence of marijuana can increase the risk of motor vehicle accidents. While the effect of marijuana on psychomotor performance is less severe than that of alcohol, the combined use of marijuana and alcohol significantly increases the risk of crashes. The challenge of measuring impairment due to the metabolism of THC in the body further complicates the issue.

Normalization of Smoking Behaviors

The perception among youths that cannabis smoke is less harmful and more socially acceptable than tobacco is a significant concern. This lessened perception of risk may lead to earlier initiation of cannabis use, increased frequency of use, and reduced motivation to quit. Normalizing smoking behaviors can undo decades of established anti-smoking norms and may also renormalize tobacco use among young people.

Social Equity Concerns

Cannabis consumers living in rental properties or government housing that bans federally illegal substances may face fines or eviction for consuming cannabis. These are often the same impoverished communities that have been negatively impacted by US drug laws.

Workplace Safety

Allowing indoor public cannabis use in venues that are currently required to be smoke-free may violate employee protections concerning smoking in workplace environments, such as tourism buses, retail establishments, and lounges where workers serve customers.

The impact on youth

The impact of tobacco laws on marijuana and the subsequent effect on youth is a complex issue that requires careful consideration. While tobacco and marijuana are distinct substances, there are similarities in the strategies used to regulate them, and the regulatory challenges they present. The impact of tobacco laws on marijuana, especially concerning youth, is a developing area of research and understanding. Here is an overview of the key points regarding the impact on youth:

Impact on Youth Initiation and Use

The legalisation of marijuana for adult recreational use has raised concerns about potential increases in youth access and use. Research indicates that youth marijuana use can have detrimental effects on brain development, cognitive function, educational attainment, and mental health. Studies have shown that youth in states with legalised marijuana are more likely to use marijuana and perceive it as less harmful. The availability, social acceptance, and potentially lower prices of marijuana may contribute to increased youth use. However, the impact of legalisation on youth use is complex and influenced by various factors, including the specific regulations implemented and enforcement measures.

Impact on Youth Social Norms and Perceptions

The legalisation of marijuana can influence social norms and perceptions among youth. Legalisation may send a message that marijuana use is acceptable or harmless, potentially reducing the perceived risk associated with use. This shift in perception can have a significant impact on youth initiation and use. It is crucial to address these perceptions through prevention efforts and educational campaigns.

Impact on Youth Exposure and Second-Hand Smoke

Regulations regarding public consumption of marijuana are essential to reducing youth exposure to second-hand smoke and normalising marijuana use. Restricting public consumption can minimise youth exposure and help maintain anti-smoking norms. However, the impact of second-hand marijuana smoke on youth health requires further scientific investigation.

Impact on Youth Marketing and Targeting

The marketing and promotion of marijuana products can influence youth initiation and use. Similar to the tobacco industry, marijuana companies may develop products that appeal to youth, such as edibles or flavoured products. Restricting marketing and advertising is critical to preventing youth-targeted marketing and reducing the appeal of marijuana products to underage individuals.

Impact on Youth Access and Availability

Regulations that restrict youth access and availability are vital to mitigating the impact of marijuana legalisation on youth. This includes licensing requirements, restrictions on the types of products sold, and enforcement of minimum age limits. These measures aim to reduce the availability of marijuana to youth and decrease the likelihood of social sources providing marijuana to minors.

Impact on Youth Driving and Traffic Safety

The legalisation of marijuana has raised concerns about impaired driving among youth. Studies have shown a link between marijuana use and impaired driving, with potential synergistic effects when combined with alcohol consumption. Establishing per se limits for THC levels in blood to determine impairment and implementing measures to prevent drugged driving are crucial to addressing this issue.

Impact on Youth Health and Development

The impact of marijuana use on youth health and development is a significant concern. Research suggests that early and frequent marijuana use can have detrimental effects on cognitive function, educational attainment, and mental health. The legalisation of marijuana may increase youth access to higher potency products, exacerbating these health risks.

Impact on Youth Treatment and Prevention

The legalisation of marijuana creates challenges for youth treatment and prevention efforts. The perception of marijuana as harmless or medicinal can complicate prevention messages and interventions. It is essential to address these perceptions and provide clear guidance to primary care physicians and other healthcare professionals working with adolescents.

Impact on Youth Across Different Demographics

Research suggests that the impact of marijuana legalisation on youth may vary across different demographic groups. For example, studies have found racial and ethnic disparities in tobacco and cannabis co-use, with higher prevalence among specific populations. Additionally, sexual minority youth may have higher rates of past-year cannabis use compared to heterosexual youth. These disparities should be considered when developing prevention and treatment strategies.

Impact on Youth Across Different Regions

The impact of marijuana legalisation on youth may vary across different regions and states. Studies have shown mixed results regarding the effect of legalisation on youth use, with some states experiencing increases while others maintain steady or decreasing trends. Regional differences in regulatory approaches, enforcement measures, and social norms can influence youth initiation and use patterns.

Impact on Youth-Centred Policy and Research

The legalisation of marijuana highlights the need for youth-centred policies and research. Commonsense regulations, such as minimum age limits, product standards, and restrictions on marketing, are essential to minimise youth use and protect developing brains. Additionally, there is a critical need for ongoing research to understand the long-term impacts of marijuana legalisation on youth and inform policy development.

The legal status of cannabis

International Cannabis Policy

Under international laws, cultivation, supply and possession of cannabis should be allowed only for ‘medical and scientific purposes’. Most countries punish possession of the drug for personal use with imprisonment. However, several jurisdictions have recently reduced their penalties for cannabis users.

Cannabis Policy Models

Four basic models of legal cannabis production and supply are now operating:

• Taxed, commercial supply: Many licensed growers supply many licensed retail outlets. This is the model in Colorado, Washington State, Alaska and Oregon, and it is the model approved in 2016 in California, Maine, Massachusetts and Nevada.
• Government supply: The government contracts a limited number of growers and controls supply through outlets. This is one of three models in Uruguay.
• Permitting home grow and giving small amounts: No tax, no sales outlets. This is the only model in Washington DC, and one of three models in Uruguay.
• Social clubs: A group of people grow cannabis in a collective and use it. No tax, no sales outlets. This is one of three models in Uruguay.

Cannabis Legalisation Timeline

• In November 2012, voters in Colorado and Washington passed initiatives that made it legal to possess up to an ounce of marijuana for non-medical purposes.
• In 2013, the US government prohibited the Justice Department from interfering in the implementation of state medical cannabis laws.
• In 2014, Uruguay passed a law to establish a system of supply via pharmacies and social clubs.
• In 2016, California, Maine, Massachusetts and Nevada approved systems of commercial cannabis supply.
• In 2018, Canada legalised the recreational use of cannabis.
• In 2019, the Australian Capital Territory legalised the recreational use of cannabis.
• In 2020, voters in four US states (New York, Virginia, New Mexico and New Jersey) approved the recreational use of cannabis.
• In 2021, Luxembourg and Malta announced plans for limited cultivation and use of cannabis.
• In 2023, the Albanian Parliament voted to legalise medical cannabis.
• In 2024, the German Bundestag passed the Act on the Controlled Use of Cannabis, legalising possession of 25g outside the home, 50g at home, and private cultivation of three plants, for adults 18 and over.

The economic impact of tobacco and cannabis

Tobacco use has significant economic costs for society, including direct medical costs for treating tobacco-induced illnesses and indirect costs such as loss of productivity, fire damage, and environmental harm. Research by Action on Smoking and Health (ASH) found that the total cost to society in England is approximately £12.9 billion a year, including NHS treatment costs and lost productivity. Globally, smoking costs economies over $1 trillion annually in healthcare and lost productivity, according to a World Health Organization report.

On the other hand, tobacco duties provide substantial revenue for governments. In the UK, the Treasury received £9.5 billion in revenue from tobacco duties in 2015-16, excluding VAT. Including VAT, total tobacco revenue is around £12.3 billion annually, amounting to less than 2% of total government revenue.

The economic impact of cannabis is also significant, particularly with the changing legal landscape surrounding its use. As of 2024, 37 states and Washington, D.C., have moved to legalize marijuana for medical or recreational purposes, creating a burgeoning industry of cannabis companies. This has resulted in increased tax revenues, job creation, and investment opportunities. In 2023, total cannabis-related tax revenue in the US topped $4.18 billion, with California bringing in the most sales tax revenue at $1.1 billion. The legal cannabis industry also creates jobs, with an estimated 93,000 jobs across the US in dispensaries alone.

The legalization of cannabis has reduced costs associated with enforcing drug laws. The American Civil Liberties Union estimates that federal marijuana enforcement costs close to $3.6 billion per year. Legalization at the national level could result in further cost savings and a reduction in court cases and incarcerations related to marijuana offenses.

However, critics of nationwide legalization cite concerns about potential confusion for law enforcement, increased youth use, and possible negative impacts on property values, among other reasons.

The economic impacts of both tobacco and cannabis are far-reaching, with tobacco incurring significant societal costs and cannabis presenting new opportunities for economic growth through legalization and taxation.

The social implications of cannabis use

From a public health perspective, the legalization of cannabis presents challenges related to social justice and youth access. While overall cannabis use patterns have remained steady, the legalization of cannabis has led to an increase in youth accessing and using cannabis products, particularly through vaping. This is concerning given the negative health effects of cannabis on youth brain development and mental health.

To address these social implications, public health regulations for cannabis are needed. These regulations should aim to minimize youth access, drugged driving, dependence, and the consumption of contaminated or potent cannabis products. Insights from alcohol and tobacco regulation can inform the development of effective cannabis regulations, such as keeping prices high, restricting marketing, and limiting public consumption.

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