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The unethical choices the tobacco industry made decades ago marketing its addictive and harmful products to kids and the lax government oversight that allowed it to happen are playing out again in California’s legal weed industry, according to a new study.
With New Jersey voters going to the polls Nov. 3 to decide whether to approve a constitutional amendment expanding its medical marijuana law to all adults 21 and older, the study by the Public Health Institute offers ideas of how the state could take a firmer hand regulating the burgeoning industry.
The authors — a pediatrician, an attorney and a research scientist — examined the laws in 534 of California’s 539 cities and counties a year after marijuana was legalized for adults 21 and older in 2018.
Lynn Silver, the pediatrician and lead author, said she is not opposed to marijuana legalization, but based on what the study found is “deeply concerned by the irresponsible way legalization is occurring in the U.S. that is allowing the emergence of a new tobacco-like industry.”
California has a flourishing market for high-potency products, like edibles and concentrates known as dabs, which lack prominent and explicit warning labels, Silver said. It’s not hard to find dried flowers with THC levels as much as 30%, and as much as three times that amount for concentrates, she said.
Cannabis-infused soda and gummies and other products with names like “girl scout cookie” appear to target youth, much in the way “Joe Camel” lured young smokers and cherry and bubble gum-flavored nicotine vapes targeted minors. Billboards promoting marijuana products are commonplace, and cannabis consumption at concerts and fairs is permitted, according to the article.
“Many fundamental lessons from tobacco control to reduce demand, limit harm, and prevent marijuana use by youths have gone largely ignored, leaving state law setting the standard,” according to the June 19 article in JAMA Network Open, an international, peer-reviewed, open access medical journal. The study was funded by the California Tobacco Related Disease Research Program.
California left many decisions about the cannabis industry up to local and county governments under Proposition 64, according to the article.
Of the 534 cities and counties studied, 203 allowed recreational sales, with 122 permitting retail dispensaries and 81 limiting sales to home delivery. (The state has since allowed delivery to locations statewide — an action that has been challenged in court, the study said.)
Yet only five jurisdictions imposed limits on the sale of edible products; one prohibited the sale of flavored products; three banned marijuana-infused beverages. No community set limits on the potency of the products, although one imposed a tax on high-potency sales, according to the study.
In terms of advertising, California law prohibits posting signs 1,000 feet from a school, youth or day care center, and bans ads targeting underage consumers. Some communities went a step further, with 14 banning billboards promoting weed sales and five banning TV, radio and online and print advertising, according to the article.
In the absence of stronger government intervention, the study by Silver and co-authors Alisa A. Padon and Amanda Z. Naprawa concluded the dominant message youth are receiving is that marijuana isn’t all that harmful.
“The perception of harm has fallen very rapidly over the last decade and at the same time, the products have become more dangerous,” Silver added.
Silver pointed to the 2017 research analysis by the National Academies of Sciences, Engineering and Medicine that identified evidence that found marijuana use is associated with psychosis, schizophrenia, drug dependence and low-birth weight.
New Jersey should enact a broad state law or give local officials the power to decide which products may be sold, with limits on potency, Silver said. Quebec does not allow concentrates above 30%, she noted.
Silver recommended limiting the products sold that appeal to youth, such as cannabis-infused soda and gummies candies. Packaging should have clear warning labels.
“There should be product by product approval to make sure it is not excessively harmful or marketed to young people,” Silver said.
Michael Darcy, executive director for the New Jersey League of Municipalities, said local elected officials won’t be shy about enacting ordinances that set the ground rules if voters approve marijuana legalization in the fall.
Before the state Legislature abandoned its efforts to pass a legalization law, the league’s representatives met frequently with lawmakers to discuss taxation, racial justice and other issues.
“Municipalities do want to control cannabis industry locations and permitted activities,” Darcy wrote in an email. “This is not much different than other types of industries. So locating stores away from schools and playgrounds for example is something we want municipalities to be able to control.”
“Municipalities have a pretty strong track record with regards to health issues, (such as underage sales prevention), Darcy wrote. “Princeton may be the gold standard in that regard with tobacco. Many run programs to prevent underage alcohol sales.”
Evan Nison, an East Brunswick resident and board member for the National Organization for the Reform of Marijuana Laws, said he read the study and has a different take on its message. He said he sees the state needing to take a bigger role in regulating the industry.
“I think a big take away that can be made across the board is that consistent regulations tend to yield better results. If too many powers are given to municipalities and are left unregulated on the state level, there is a risk of a confusing patchwork,” said Nison, also the founder of Students for Sensible Drug Policy. “In the same way, this confusion is also happening on the federal level due to lack of federal regulations.”
Silver said she hopes the study ultimately gives other states like New Jersey a roadmap to deal with the monied interests of the cannabis industry and takes the steps necessary to protect the public.
“Either you do it right and carefully or you shouldn’t do it. It will cause more harm,” she said.
Currently, 11 states and Washington, D.C., have legalized marijuana for adults 21 and older.
This article first appeared in NJ Cannabis Insider.
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Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio.
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