Cannabis legalization: not whether, but how

The New York Times comes out for cannabis legalization.

David Frum is still against it.

Neither deals seriously with the balance of advantage and disadvantage; the Times simply blows off the question of substance use disorder and pretends that passing a law forbidding sales to minors takes care of the problem of increased use by minors, while Frum never mentions the damage done by the $40-billion-per-year illicit market created by cannabis prohibition and proposes nothing that would shrink that market.

And neither the Times editorial board nor David Frum seems interested in the question of how to legalize, as opposed to whether to legalize. The Times doesn’t notice that commercialization is only one approach to legal availability, and arguably not the best; Frum simply dismisses a temperate approach to legalization as politically unworkable, without explaining how to make his kinder, gentler prohibition a political winner.

Alas, I sometimes suspect they’re both right. As that atter of practical politics, our only choices may be a badly-implemented prohibition or a badly-implemented legalization. My attempts to put political and organizational muscle behind the idea of smart legalization have, so far, merely illustrated the great wisdom of Ralph Yarborough’s maxim, “They ain’t nuthin’ in the middle of the road but yaller lines and dead admadillas.”  Admittedly, I don’t find my life as political roadkill especially uncomfortable, but it does get frustrating. It’s not just that continued prohibition and commercial legalization are both bad ideas; it’s that the arguments for those two bad ideas leave no media space or mindspace left for discussion of the good ideas that lie between them.

Footnote Ann Althouse does a good demolition job on the Times editorial, though to the best of my knowledge there’s no evidence of intoxication or health damage from second-hand cannabis smoke or vapor.

Paternalism and pot policy

Andrew Sullivan points to arguments by Rod Dreher and David Frum that cannabis legalization would benefit mostly middle-class moderate users at the expense of mostly poor heavy users.

Sullivan is horrified by the frank paternalism involved, but horror isn’t a criticism, and he’s wrong to attribute to Frum and Dreher the notion that “all American adults are basically children that we have to protect from their own choices.” What Frum and Dreher are saying is that some Americans – many of them minors – are indeed in need of protection from their own bad choices. (Dreher is especially clear-minded in pointing out that the need for paternalistic protection varies not just from person to person but from choice to choice: lots of people are capable of managing their diets but not their retirement financial planning. I, for example, want paternalistic protection against being sold adulterated drugs or contaminated food.) There’s no logical flaw in the idea that more-liberal policies in a variety of domains might serve the interests of those better-placed to make good choices at the expense of those worse-placed.

That said, it seems to me that Frum and Dreher do only half of the analysis. They consider the consumer side of the drug market (even then, ignoring the costs inflicted, mostly on poor folks, by 800,000 possession arrests per year), but not the producer side.
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Cannabis and alcohol (reprise)

David Frum and I agree that “But something else is even worse than X!” is not a good reason to ignore the X problem: autos kill more people than guns, but we should still try to reduce the number of people killed with guns. And the fact that alcohol is a much nastier drug than cannabis, both physiologically and behaviorally, doesn’t make cannabis abuse either rare or benign.

But Point #13 in the post Frum links to wasn’t about the comparison between cannabis and alcohol; it was about the causal connection between cannabis policy and alcohol abuse. As Frum notes, alcohol use and cannabis use are now positively correlated. But that doesn’t tell you anything conclusive about whether making cannabis legally available would increase or decrease heavy drinking.

In my view, an increase of as little as 10% in heavy drinking would wipe out any benefits from cannabis legalization, including the benefit in the form of fewer arrests because of the additional crime that would go along with the additional heavy drinking. Frum is aware of that possibility.

But he ignores the opposite possibility, equally plausible in terms of both logic and evidence. Continue Reading…

Thirteen theses on cannabis policy

Rather than getting into the cultural or media criticism of the Frum-Riggs-Frum-Sullivan fracas over cannabis policy, perhaps it makes more sense to try to separate out the knowns and identify the unknowns. Experts on the question see open questions where passionate amateurs are most dogmatic about the answers.

1. Cannabis dependency is rarely as bad as severe alcoholism, but it can be plenty bad enough, and it isn’t very rare, especially among those who start – as most users now do – in their middle teens. (A sixteeen-year-old who goes beyond experimentation has about one chance in six of winding up a heavy daily user for a period of months or years.)

2. Most users – and even many frequent users – don’t go on to diagnosable abuse or dependency. There is little evidence of lasting damage from use that isn’t both heavy and chronic. It would be a mistake to attribute all of the suffering of even the heavy, chronic users to cannabis, as opposed to the social circumstances and personal traits that lead them to acquire and maintain the habit. But it would be equally a mistake to ignore their self-reports that cannabis is a source of trouble in their lives.

3. For the non-abusing majority of users, cannabis is a fairly harmless pleasure. For some of them, cannabis use lastingly enhances their lives by broadening their range of experience, deepening their appreciation of the arts, and enhancing their creativity by teaching them a new way of thinking. Very little is known about these phenomena in any systematic way, partly because the science is hard and partly because of the constraints and incentives that influence research.
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