The Marijuana Regulation and Taxation Act finally flowered in New York this week, when Gov. Andrew Cuomo’s ink made it the 17th state to legalize adult-use cannabis Wednesday morning, a day after extended debate on the House and Senate floors.

Roughly 12 hours later, cannabis legislation continued to rev its engine in New Mexico, where the state legislature passed an adult-use bill during a special session called by Gov. Michelle Lujan Grisham.

As support for cannabis legalization has reached 68% nationally, according to a November 2020 Gallup Poll, it’s inevitable that more state lawmakers continue work toward implementing adult-use programs in manners that best suit their constituents.

However, laws and regulations have a long way to go to ensure certain standards are met. That was more than evident during floor debates in New York and New Mexico this week, when lawmakers who cast dissenting votes voiced their reservations with adult-use legalization. Many of those reservations have been prevalent in other states.

In New York, Rep. Michael Reilly (R) voiced his concern about impaired driving. According to New York’s legalization, adults 21 years and older can possess up to 3 ounces of cannabis but odor alone does not constitute probable cause during traffic stops, and there is no roadside test available, like there is for alcohol, to determine if a driver is impaired.

Also in New York, Rep. Michael Lawler (R) voiced his concern about the rising tetrahydrocannabinol (THC) potency in cannabis flower and other cannabis products over the past 25 years as it relates to psychotic disorders and neurotoxicity, especially in regard to how it could affect young people. And Rep. Keith Brown (R) voiced his concerns about underage use of cannabis, especially without a zero-tolerance policy for selling cannabis to underage consumers in New York.

Other reservations included issues such as taxing and revenue’s impact on luring consumers away from the illicit market, the definition of a distressed farmer, and increased costs to do business, such as law enforcement, among others. Many of the same concerns were raised among New Mexico legislators.

But some arguments against legalization had more merit than others.

One New York congressman implied that a trained police officer could detect the odor of cannabis from a closed trunk during a traffic stop and decipher the difference between 10 pounds or 3 ounces on smell alone. And one New Mexico congresswoman said adult-use legalization collided with Second Amendment rights, eluding that those who consume cannabis will lose their rights to bear arms.

While there are straw-man fallacies that occur during legalization debates, there are legitimate apprehensions about adult-use cannabis too. Those issues, like road safety, general health and education for youth, need to be considered so that the fears associated with legalizing cannabis programs don’t become realities in the states that implement adult-use programs.

- Tony Lange, Associate Editor