Regulating Cannabis

There is a large spectrum of legal and political models available to regulate the production, the supply and the use of cannabis (or other narcotics). At the one end of the spectrum is situated the criminal market, which is created because of a complete ban. Next, there are less punitive ban systems: models with a partial/de facto/nearly legal supply, legally regulated market models with different restriction levels. At the other end of the spectrum are located the legal and commercial free markets.

Both extremes of the spectrum are completely non-regulated markets. The scenario I will present in the next chapter is based on the assumption that the two extreme options are connected with unacceptably high social and health care costs, because those who want to control the market (whether it is legal or illegal) are almost exclusively driven by profit maximization. The options in the middle offer the possibility to strictly regulate various aspects of the market, so that the potential adverse consequences of cannabis use and of the cannabis market can be kept to a minimum and the potential advantages can be maximized.

We should deliberately opt for a restrictive model, with a far-reaching form of government control and strict regulation. This kind of model is adaptable: when serious and careful evaluations are positive, it can be adapted in a later phase to a less restrictive and interventionistic model (if new social norms and social control mechanisms will be developed around the legal cannabis market). From a pragmatic and a policy perspective, this is a better scenario than the opposite scenario in which one has to retroactively introduce more restrictive controls because the market was not regulated enough. Our experience with the retroactive regulation of the tobacco and alcohol markets also taught us a lot, for that matter.

Additionally, the adaptable character of the model also works for the opposite direction. If independent and scientific evaluations show that certain regulations and provisions have to be formulated more rigidly, in that sense, the model can be refined. And if – during a later phase – other players are admitted to the cannabis market (for instance, independent farmers or commercial companies), the proposed model with all its restrictions and regulations can be used unabridged for the additional legal channels.