Abstract
Although marijuana remains illegal under federal law, thirty-three states, the District of Columbia, and four U.S. territories have legalized it for medical use, and eleven states, D.C., and two U.S. territories have legalized it for recreational use by those aged twenty-one and older. As states with legalized recreational marijuana have caused an uptick in public and private marijuana use, several jurisdictions have begun amending tobacco control initiatives, such as smoke-free laws, to accommodate marijuana users. For residents of any state with legalized recreational marijuana – users and nonusers alike – where and when the product can be used continues to be confusing and, at times, controversial. While recreational marijuana may be legal at the state level, many states and local communities – let alone businesses and multi-unit housing authorities – prohibit its use not just indoors but anywhere on an establishment's premises, regardless of whether the use is in a private or public setting. This article explores challenges in regulating recreational marijuana use in a variety of U.S. social and residential settings, including public places, workplaces, and multi-unit housing, and examines analogs in similar use restrictions for commercial tobacco products and electronic smoking devices. The article also highlights several legal and regulatory issues facing jurisdictions, businesses, and housing authorities where recreational marijuana is legal.
Recommended Citation
Kerry Cork,
Recreational Marijuana, Tobacco, & the Shifting Prerogatives of Use,
45
S. Ill. U. L.J.
45
(2020).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol45/iss1/2