The Process of Regulating Pot

Marijuana edibles are just one of the significant differences and public health challenges facing regulators in Oregon who now regulate liquor.

Marijuana edibles are just one of the significant differences and public health challenges facing regulators in Oregon who now regulate liquor.

With voter approval of marijuana use comes the challenge of regulating it. Liquor regulation provides important precedents, but may not go far enough.

There will be similarities in regulating where marijuana can be sold, requiring accurate labels and preventing sales to minors.

But marijuana poses other challenges that have been highlighted by people knee-deep in developing original regulation in Colorado and elsewhere. For example, the amount of alcohol and its effect on individual adults can be roughly calculated arithmetically. That may be less true of the potency of different types of marijuana.

Marijuana edibles represent a significant challenge. Candy is sold with small amounts of liquor, but they convey far less of a potential jolt than a marijuana cookie, which is designed to transport the buzz offered by marijuana.

Another unique challenge is how to integrate the cultivation and sale of medical marijuana with recreational marijuana .

Rachel O'Bryan, cofounder of Smart Colorado, a nonprofit formed to weigh in on marijuana regulation, wrote in an op-ed in The Sunday Oregonian that someone who represents public health concerns, especially for youth, must be at the table writing rules for Oregon. She wrote: 

"Provisions that likely would not have existed but for Smart Colorado included: potency and contaminate testing; health warnings and a universal marijuana symbol; childproof packaging; per-serving and per-package THC limits; and restrictions on marketing and advertising targeted at youth." 

The backdrop for the regulation of marijuana is not law enforcement versus recreational drug users. Legalized marijuana is a hot new product category that financiers and corporate interests are pursuing. They will be the big rollers in the room when rules are discussed and their motivation, O'Bryan says, will be to sell product and turn a profit.

Oregon is a so-called "control" state for distilled spirits. The Oregon Liquor Control Commission sets the rules, with a strong influence from a constituency that includes groups such as Mothers Against Drunk Driving, which counterbalance pressure from liquor manufacturers, liquor agents and others who would like to sell liquor. O'Bryan argues a similar constituency will be needed to keep marijuana regulation in balance.