About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

45 S. Ill. U. L.J. 45 (2020-2021)
Recreational Marijuana, Tobacco, & the Shifting Prerogatives of Use

handle is hein.journals/siulj45 and id is 51 raw text is: RECREATIONAL MARIJUANA, TOBACCO, & THE SHIFTING PREROGATIVES OF USE Kerry Cork1 INTRODUCTION Although marijuana remains illegal under federal law, thirty-three states, the District of Columbia, and four U.S. territories have legalized it for medical use, and eleven states, D.C., and two U.S. territories have legalized it for recreational2 use by those aged twenty-one and older.3 As of mid-2020, roughly 28 percent of U.S. residents live in one of the jurisdictions that allow recreational use, and 68 percent live in a state with legalized medical use.4 Popular support for marijuana legalization continues to be strong and growing,' despite ongoing regulatory concerns, limited research on potential health risks, and questions about effective, socially equitable, and environmentally sound operational practices.6 As states with legalized recreational marijuana have caused an uptick in public and private marijuana use, several jurisdictions have begun amending tobacco control initiatives, such as smoke-free laws, to accommodate marijuana users.7 The increased normalization of marijuana use has concerned many public health professionals since it mirrors a rise in the use of e-cigarettes and nicotine delivery devices through which Kerry Cork, J.D., M.A., is a senior staff attorney at the Public Health Law Center. 2 Throughout this article, we use the term recreational marijuana rather than adult use cannabis or retail marijuana. Our focus is marijuana used for recreational - as opposed to medical - use, and on the practice of smoking or vaping marijuana rather than ingesting it by other means. 3 See, e.g., Nat'l Institute of Alcohol Abuse & Alcoholism, Recreational Use of Cannabis: vols. 1 & 2, https://alcoholpolicy.niaaa.nih.gov/cannabis-policy-topics/recreational-use-of-cannabis-volume -1/104#page-content; see also Marijuana Policy Project, State Policy (2020), https://www.mpp.org/states. The U.S. territories of Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have legalized medical marijuana; Guam and Northern Mariana Islands have legalized recreational marijuana. 4 Carnevale Associates LLC, Status of State Marijuana Legalization (last accessed June 26, 2020), https://www.carnevaleassociates.com/our-work/status-of-state-marijuana-legalization.html. 5 Approximately two-thirds of Americans support the legalization of marijuana today, reflecting a steady rise over the last decade. Andrew Daniller, Two-Thirds of Americans Support Marijuana Legalization, Pew Research Center survey (Nov. 14, 2019), https://www.pewresearch.org/fact- tank/2019/11 /14/americans-support-marijuana-legalization. 6 See, e.g., German Lopez, Marijuana Legalization is about to Have a Huge Year, VOx ( Jan. 23, 2020), https://www.vox.com/policy-and-politis/2020/l/23/21076978/marijuana-legalization- 2020-ballot-initiatives. See, e.g., Jane Steinberg et al., A Tobacco Control Framework for Regulating Public Consumption of Cannabis: Multistate Analysis and Policy Implications, 110 AM. J. PUBLIC HEALTH 203-8 (2020). 45

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most