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The Legalization and Regulation

On February 17, 2021, an appeal was filed against the judgment of the District Court of the Supreme Court of South Dakota, which heard arguments on April 28, 2021. On November 24, 2021, in Thom, Miller v. The South Dakota Supreme Court ruled that Amendment A violated the single-subject requirement in the South Dakota Constitution. In other words, Amendment A dealt with the legalization of cannabis, hemp and adult medical cannabis. Due to the violation of the Constitution, the court declared the amendment invalid. The decision can be found at the following URL: ujs.sd.gov/uploads/news/NUZ_RSRC_20211124095253.pdf Recently, Michigan (HR 151) asked the U.S. Congress to clarify its position on the legality of marijuana under the Federal Controlled Substances Act. Several bills introduced to state legislators in 2018 focused on the federal government`s role in marijuana policy. California passed a resolution calling on Congress to pass legislation that would allow financial institutions to provide services to the cannabis industry. Bills or resolutions were introduced in Alaska in 2018, with California, Georgia, Iowa, Massachusetts, Michigan, New Jersey and Pennsylvania asking Congress to change or allow the state to exercise authority over marijuana policy. The NCSL sent a letter to Congress in 2018 in support of a recent bill to protect state sovereignty over marijuana regulation. The NCSL also sent a letter supporting language prohibiting the DOJ from using legal remedies to take enforcement action against states with legal medical marijuana laws. The NCSL Committee on Law, Criminal Justice and Public Safety also recently passed a policy resolution on cannabis.

In 2014, four states, Colorado, Washington, Alaska and Oregon, as well as the District of Columbia, legalized the sale and consumption of marijuana in a commercial market, and many more are considering this option. So far, the federal government has not challenged state laws legalizing commercial marijuana as long as states adhere to strict rules on sales and distribution. This policy statement calls for a public health approach to regulating and controlling legalized marijuana for commercial purposes and urges that the regulation of legalized marijuana be considered a public health priority. The regulations will be able to monitor a currently uncontrolled market and help deal with the unintended effects of marijuana legalization. If marijuana is legalized, federal, state, and local governments should develop, implement, monitor, and evaluate strict regulatory mechanisms to control the production, sale, and use of marijuana while advancing public health goals, preventing access by minors, protecting and informing users of legalized marijuana, and protecting third parties from the undesirable consequences of marijuana. Legalized. Marijuana use. These mechanisms may include taxes, age limits, product labelling requirements, product quality controls, activity limits, labelling requirements, restrictions on the operation of motor vehicles and advertising restrictions. Relationship to existing APHA policy statements • APHA Policy Statement 8817 (PP): A Public Health Response to the War on Drugs: Reducing Alcohol, Tobacco and Other Drug Problems Among Canadian Youth • APHA Policy Statement 7121: Drug Abuse as a Public Health Problem • APHA Policy Statement 7014: Marijuana and the Law • APHA Policy Statement 201312: Defining and Implementing a Public Health Response to Marijuana is the most commonly used illicit marijuana is the most commonly used illicit marijuana drug in the United States. In 2012, more than 111 million Americans aged 12 and older (nearly 43% of that population) admitted to trying marijuana in their lifetime, and nearly 19 million had used it in the previous month.

[1,2] More than half of U.S. states and the District of Columbia currently offer legal protection to patients whose doctors recommend the medical use of marijuana. After voters in Colorado and Washington decided to legalize marijuana, those states began establishing regulatory systems for growing, distributing and retailing to people 21 and older. Under these and other regulatory proposals, marijuana would be regulated in the same way as alcohol, with age limits, licensing controls and other regulatory and public health mechanisms. The federal government has decided not to challenge state laws legalizing commercial marijuana as long as states adhere to strict rules on sale and distribution. Areas of federal regulatory interest include preventing distribution to minors, preventing the use of revenues for illegal businesses, stopping driving under the influence of drugs, ensuring marijuana does not enter states where it is illegal, preventing the use of marijuana-related activities as a cover for other illegal drug-related activities, and preventing marijuana cultivation. on public property. Earth.

[3] Although the decision not to challenge the state`s introduction of commercial marijuana was made by the executive branch, it is unlikely that the recent shift in political control of Congress will change the federal government`s position. The density of marijuana retailers is also an issue that needs to be addressed through regulation. If retailers congregate in a few locations, the population in those areas will be more exposed to marijuana use, abuse and abuse. Retail advertising also needs to be studied, especially in light of studies showing that alcohol and tobacco advertising is more common in communities of color and low-income areas. [8] Passive exposures: As with tobacco smoking, passive exposure to marijuana smoke is a concern for children, apartment tenants and non-smokers. Protecting workers who grow commercial marijuana is also a concern, as they may be exposed to pesticides, fertilizers, and other unhealthy adulterants. For example, a group of workers at a medical marijuana grower in Maine filed a complaint with the National Labor Relations Board because the grower was using pesticides and workers were exposed to mold. [9] Quality Control and Consumer Protection: Since marijuana remains illegal, there is no mechanism in place to monitor its production, standardize and test its efficacy and quality, or review its labelling for potential health effects before it is sold.