public opinion on marijuana policy has changed. It charts the evolution not just in poll results but in the manner in which popular culture has treated the drug. From Reefer Madness to Bob Marley’s album Kaya (kaya is Jamaican slang for “weed”) to Dave Chappelle’s movie Half Baked, the cultural treatment of cannabis has both prodded and been a reaction to public views. In addition, I examine the evolution of political officials’ resistance to or embrace of marijuana use and what their experiences mean as society and public policy change with regard to marijuana acceptance.
Part IV examines how marijuana has blossomed and evolved into a serious public policy issue. I profile some of the early efforts to reform marijuana laws, including decriminalization at the city level and early efforts to legalize at the state level. Here I also discuss legislative and ballot initiative efforts, the professionalization and mainstreaming of the movement itself, and international drug reform efforts.
Part V looks toward the future. First, I discuss important issues that have become a central part of the most recent legalization initiatives and legislation: racial justice and social equity. Because the drug war left in its wake a disproportionate number of victims from communities of color, advocates and legislators are finding ways to use legalization as a means of righting the wrongs of the past and increasing opportunities for the communities most affected. Second, I examine the current political dynamics at the state and federal levels in the United States, and I apply the historical record as a context to understand how reform may advance. I also look at both the policy benefits and consequences of marijuana reform and discuss how current public policy challenges can and should be resolved in order to create a regulatory, administrative, and market regime that is consistent, credible, and reliable.
Part I
A WEED BY ANY OTHER NAME
1
Cannabis as Plant and Product
Marijuana is subject to numerous misconceptions and confusion. There is disagreement on some basic issues, such as how the cannabis plant grows, how it interacts with the body, where it comes from, and how long it has been in use. Before jumping into a discussion of marijuana policy, it is important to dispel these misconceptions regarding the plant and its products.
Some popular misconceptions include that marijuana is easy to grow, that it can grow under almost any conditions, and that it’s pretty much the same everywhere. You grow it, pluck its flowers, dry them, wrap them in rolling paper, and smoke it, and there you have it, your weed, or pot, or Mary Jane. In reality the cannabis plant is biologically complex, and the production of marijuana is not as simple as many people believe.
In addition, marijuana has changed over time with innovations in growing, harvesting, and generating products. Marijuana is no longer something you pack into a bowl, roll in a joint, smoke in a bong, or lace into some brownies. It’s now a diverse consumer product available in many forms.
The Cannabis Plant
Members of the Cannabis genus are leafy, flowering plants that are native to Central Asia but have been transported and grown throughout the world. The plant has been around for millions of years in some form and has been used by humans for at least 5,000 years.1 It tends to be robust and grows effectively in both natural and controlled agricultural settings. Cannabis has been described as “a rapidly growing dioecious (male and female reproductive organs on different plants), wind pollinated, annual herb that in some plant selections can reach heights of 20 feet.”2 Historically botanists have disagreed as to the number of species in the genus Cannabis, but there is now general agreement that the three principal Cannabis species are C. sativa, C. indica, and C. ruderalis. Each has its own distinct look, chemical characteristics, and uses.
Cannabis plants grow quickly and can be harvested on accelerated timelines, particularly in controlled agricultural settings. Depending on the species and strain, cannabis has five, seven, or sometimes nine leaves that are dark green and sometimes purple-hued. The plant produces a flower at the tip of the stem and the base of the leaves. The flowers—or bud—have the most powerful concentration of the chemicals that produce an effect on the brain; they are harvested to produce the drug marijuana, particularly when it’s consumed in the most traditional way: smoked. However, other parts of the plant also contain some of the same chemical components, called cannabinoids, which can be psychoactive or nonpsychoactive. So all of the plant’s parts are harvested in commercial production in order to extract cannabinoids.
The drug marijuana is not the only product produced from cannabis. Hemp fibers are produced from specific cannabis plants that are low in cannabis’s main psychoactive chemical, tetrahydrocannabinol (THC). Hemp stalks can produce strong, fibrous material used for clothing, lines and sails for ships, and other purposes. Its seeds are used as a protein-rich food, and from those seeds oils are extracted that can be used for cooking or other uses. Hemp can also be purposed for use as a biofuel. During certain periods of American history, hemp growth was encouraged or even required because of its versatility and usefulness, particularly in wartime.
Different cannabis varieties grow better under different conditions. Some prefer warmer climates whereas others can survive in colder conditions farther north. One of the most critical aspects of growing cannabis is the light cycle. Different varieties have different requirements for light and dark in order to maximize and facilitate growth:
If vegetative growth conditions are favorable, the stem will increase in height by two inches per day when exposed to the long daylight of summer. While some selections of Cannabis are day-neutral (flower under any day length), most are classified as short-day plants (they need a long dark period, usually fourteen hours or more) and shift from vegetative to generative (reproductive) growth upon exposure to short daylight periods.3
This sensitivity to light and dark signals two important facts about cultivating cannabis. First, it’s not as easy to cultivate cannabis as the moniker “weed” would suggest. Despite cannabis’s robustness, it can also be sensitive to growing conditions. Second, because certain varieties of cannabis can require extended periods of darkness to maximize the growth and generative phases, the plant lends itself to indoor-grow environments in which periods of light and dark can be strictly controlled.
Water is another area where cannabis has specific requirements. The amount of water and the water’s acidity levels and nutrient balances are critical. Although cannabis can grow under a variety of conditions, if a grower wishes to maximize a plant’s productivity and ensure that its chemical composition is consistent and true to its strain (an important aspect of cannabis grown commercially for the production of marijuana), success requires research, care, frequent attention, and horticultural and agricultural know-how.
Cannabis Species
The two most common species of cannabis are sativa and indica and are typically used in the production of marijuana. Strains of these two species are rich in THC and are used for both medicinal and recreational marijuana. A third, lesser-known species, ruderalis, tends to have much lower levels of THC. Although cannabis can be grown as a “pure” species—sativa-only or indica-only—an entire cottage industry has emerged around marijuana genetics, which involves the cross-pollination or cross-breeding of different strains and even different species of cannabis to produce new hybrid strains. Much of the genetic diversification is driven by the desire to satisfy consumer tastes, as different combinations offer the user different experiences.
For instance, it’s commonly said that “sativa gets you high; indica gets you stoned.” This reflects the user experience whereby sativa strains produce a euphoric feeling, whereas indica strains are more mellow and relaxing. The combinations of different species, different strains, or both create many types of chemical combinations and lead to a wide array of experiences, feelings, and responses. Strains have been developed to increase a user’s energy, stimulate the appetite, relax the body, give someone
