In
2012, Washington State became one of the first states to legalize marijuana for
recreational use with the passing of Initiative 502. Initiative 502 permits the
creation of a statewide legal market for marijuana in Washington. The state plans to monitor the distribution
and regulation of pot under similar margins as the liquor industry, and has
issued the Washington Liquor Board regulatory control over the emerging
cannabis market. The board plans to issue 334 licenses through a lottery system
to retailers who meet specified standards that are aimed at preventing vertical
integration. By implementing a market based on a limited number of licenses,
policy makers are strengthening barriers to entry into the industry and
furthermore promoting market power of pot retailers. This policy is controversial among lawmakers
in Washington who recognize the importance of preventing abuse of the now legalized
drug while also avoiding the risks of market power that could arise in such
industry.
Proponents
of the licensing system argue market power is a good thing for the industry as
it will increase the price and reduce the quantity of cannabis being sold in
the market and therefore restrain customers from becoming habitual users. Opponents
of the licensing system are concerned about the parallels of this system to the
alcohol industry as well as the high potential profits the firms would gain
with market power. Many fear it will not be an effective long-term structure as
more and more states begin to legalize the drug in the coming years. As the
industry grows and gets wealthier through monopoly profits it will gain more lobbying
power within the political sphere that could ultimately result in the power to
decrease taxes and change legislation to benefit their industry. If there is
enough collusion within the industry, ultimately an oligopoly similar to
Anheiser-Busch could arise that could act as a benefactor within the industry. If
Becker’s theory is correct, however, and the policies the industry seeks are
truly inefficient, it will incite enough opposition from other groups to prevent passage.
Opposition in this case is likely to come largely from the preexisting medical
marijuana industry, whose market has been noticeably infringed upon with the
passage of the bill. How states should handle the legalization of marijuana is
certainly a topic of debate, but if we take some insight from Becker’s theory, it
is clear that by keeping the medicinal and recreational industries separate competition
between these groups can keep the lobbying power of each industry as a whole in check.
1 comment:
The author of the article obviously has problems with the current state-by-state legalization path marijuana legislation is currently following, citing state issued licenses possibly leading to a "Big Pot" oligopoly. Instead, he argues for a smart, national marijuana policy to prevent the current "dumb" legislation. I have a few issues with his argument.
First, although the public attitude toward marijuana legalization has been accelerating towards acceptance over the past few years, that doesn't mean that the nation as a whole is ready. Take Florida for example. In the past midterm election, Florida failed to pass a ballot initiative that would've legalized marijuana for medicinal purposes. Additionally, as Downs would likely advocate, people with high-marijuana preferences (no pun intended) "vote with their feet", so to speak, by relocating to more marijuana friendly localities. The presence of very-marijuana-friendly districts doesn't necessarily mean that every district desires pro-marijuana policy. Thus, on the national level, politicians will remain ignorant on legalization until their personal constituents start demanding serious policy.
Second, the state-by-state implementation acts as a trial-and-error mechanism that can lead to the "smart" national policy. For instance, Pacula's 2013 study examines how "important differences in policies across states and...different dimensions have unique impacts on recreational use." For example, states with legal dispensaries are associated with heavy recreational use.
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