Marijuana, pot, cannabis, Mary Jane, weed, ganja—no matter what you call it, marijuana is one of the most widely used illegal drugs in the United States. And the debate over its legal status is even hotter than a burning bowl of the plant itself.
Legalizing marijuana has debated since the 1970’s. Marijuana is currently legal for medical use in 16 states. Possession of the drug has been decriminalized in several states, and legalization has even appeared on state ballots.“When marijuana legalization was on the ballot in California in 2008, it specified there would be a hefty tax,” wrote Philip Cook, ITT/Terry Sanford professor of public policy, in an email. “That tax could have the dual benefits of providing revenues and limiting use.”
While taxing marijuana sale could mean serious revenue for states, there are still downsides to legalization. Cook mentioned that legalization could lead to a large increase in both occasional and frequent users, potentially affecting health, driving, and productivity in unforeseen ways.
“It is reasonable to suppose that there would be some increase in use,” Cook wrote, “and that the increase could be moderated by regulations and taxes of the sorts that we have for tobacco and alcohol.”
Another aspect of the debate is whether legislative change should come from the federal government or from the states.
Cook suggested modeling legalization policy on the 21st Amendment, which provided states control over the distribution and sale of alcohol.
“The ‘laboratory of the states’ has always been a strength of our federal system,” Cook said. Allowing change to come from the states “provides an opportunity to learn something about the consequences of the various alternatives to prohibition.”
Noting the intensity of the debate, Cook said, “Marijuana policy may be one area where the public is so divided that we do not want a uniform national policy.”
There is a large margin of uncertainty when discussing potential consequences of legalizing marijuana.
“Our last experience with a free market [for marijuana] was [in] 1936,” Cook said. “Whether it would be a good idea for some or all states to take the next step and legalize—and with what restrictions as to tax, age, and licensing—is not at all clear. Without any actual experience, we can only speculate.”
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