Poll: U.S. Majority “Okay” With Cannabis Consumption in Public

Cannabis is becoming a big topic in the United States. A recent survey shows that more people are feeling okay about using it in public. This is a big change from before when it was seen as something you only did in private for fear of legal repercussions.

With laws changing and more states legalizing cannabis, attitudes are shifting. In the past, talking about using cannabis in public was a no-go, also. Hence, all the colorful euphemisms for marijuana. But now, things seem to be different. The survey tells us that most Americans are becoming more accepting of the idea. It’s like a sign that people are starting to think about cannabis in a new way.

However, this new and legal access to products because of cannabis legalization has created a new problem. Unlike other controlled substances like tobacco or alcohol, you cannot consume cannabis in public in almost every state.

A new CBS News/YouGov poll reveals that a slim majority of Americans are actually okay with public consumption, while there remain very few places where patients or recreational marijuana users can consume products outside of public residences.

What Americans Think About Public Consumption According to a New Poll

A slim margin of approval divides Americans who believe that both patients using medical cannabis and recreational marijuana use should be permitted in public. The survey from CBS News/YouGov found that 53% of respondents are okay with public consumption or social cannabis use, while 47% of Americans are opposed to it.

The poll reviewed responses from 1,582 American citizens, and the insights showed that, when it comes to cannabis, public opinion has definitely shifted.

• 64% supported adult-use legalization (recreational marijuana use).
• 11% of respondents said most of their family and friends use cannabis, but 32% said no one they know regularly engages in marijuana use.
• 44% of those polled said that most of their family and friends are well aware of their cannabis use, while 34% said only “some people know,” and 22% stated that they hide their marijuana use from people they know.
• 37% of respondents favored a cannabis business in their neighborhood, while 87% felt a dispensary in their local community would increase illicit use among minors. Another 82% thought that a local dispensary could increase crime, and 83% felt that a dispensary would lower their property values.

As the stigma of medical cannabis use is lessened over time, more people recognize the potential wellness benefits. They may know someone whose life has improved due to effective symptom management with medical marijuana.

Something that was made clear by the poll is that fewer Americans feel they need to hide marijuana use if they live in a jurisdiction where it is legalized. At the same time, there are very few designated cannabis cafes or licensed consumption lounges in the United States that could change in the future.

What Are The Current Laws About Marijuana Use in Public?

Every time you go out, you may see people smoking (although tobacco use in the United States has dropped significantly). Tobacco is a controlled substance, but public consumption is permitted. Alcohol is also categorized as a controlled substance, but you can buy it at a convenience store and consume it on patio bars and some public places.

There are public health restrictions about where you can and cannot smoke. It wasn’t long ago that you could smoke inside every bar, and even McDonald’s restaurants provided small ashtrays for guests. Ask anyone who had a birthday party at McDonalds in the 1970s or 1980s.

Smoking indoors is taboo and illegal federally and by state laws in most jurisdictions today to protect people from the harmful effects of secondhand smoke. That was after population health sciences determined there was a real threat to human health from secondhand smoke.

Whether you are smoking tobacco or marijuana, that rule about secondhand smoke still applies. But cannabis regulation takes it a step further. To deter youth cannabis use, cannabis consumption is prohibited near schools (daycares through high school and post-secondary institutions).

No Consumption of Cannabis On Federal Government Properties

Are you someone who loves to go camping or hiking in National Parks? The federal government owns many beautiful destinations, heritage sites, and protected lands. Few people know that possession or marijuana use on federal properties is a felony offense.

Individuals who have a medical cannabis card enjoy benefits and legal protections in the state where they were certified as patients. If you travel to another state, for example, that has not legalized cannabis, you do not have those same rights to possess cannabis products or use them. Patients with a valid medical card can be charged for unlawful possession.

It is important to be very aware of areas that are considered to be owned by the federal government and subject to laws that starkly contrast state medical cannabis provisions. These properties are referred to as federal enclaves within every state in America under the Special Maritime and Territorial Jurisdiction of the United States.

You cannot possess or use cannabis in many locations, including:

• Post offices.
• Dams.
• Some roads or highways.
• National parks.
• Federal government offices (Internal Revenue Services, Department of Homeland Security, Congress, or any other designated federal building or facility).
• Arsenals.
• Educational institutions that receive federal funding.
• Military locations (including recruitment offices).
• Federal libraries.
• Federal courts.

While airports do not receive substantial funding from the federal government and are locally owned and operated, they do fall under the Federal Aviation Administration. Airports are not legally permitted to allow cannabis through security checks, and cannabis products cannot travel by plane. That applies to medical and recreational marijuana.

Violating the federal prohibition on cannabis consumption on federal government properties can lead to legal consequences, including fines, arrest, and potential federal charges. Additionally, federal employees are typically subject to workplace drug policies that prohibit the use of illegal drugs, including cannabis, which can result in disciplinary action, including termination of employment.

Do Federal Laws Trump State Laws? Who’s The Boss?

If you reside in a state that has legalized cannabis, you may be wondering where the line is between state laws and federal jurisdiction. That line is somewhat blurred when it comes to cannabis because while states have legalized it, the federal government’s stance on marijuana use has not. Cannabis remains, at the time of writing, a Schedule I prohibited substance.

This has created great hardship for the medical cannabis industry. Essentially, cultivators, processors, dispensaries, and any “plant-touching” cannabis-related business (CRB) are breaking federal law daily. However, because these businesses operate in states that have made constitutional amendments to legalize cannabis, patients enjoy the freedom to use medical cannabis without fear of legal repercussions. Provided state laws are followed carefully regarding medical marijuana use.

States have ceded jurisdiction to the federal government over specific lands and properties. That means, while you may be legally compliant to use medical marijuana if you step foot on federal property, you lose that legal protection. Then, you are subject to federal felony charges, prosecution, and penalties, including heavy fines and jail time.

Federal legal consequences for cannabis use are generally far more punitive than state laws provide. In some states, however, felony offenses can remain as a criminal record indefinitely. Americans who receive a felony conviction must apply to have their record expunged.

Why Have Lawmakers Banned Public Consumption After Cannabis Legalization?

Imagine you are taking your child to a park, and you see a bunch of folks hanging around and smoking cannabis. Does that make a good impression on you or your child? There are many good reasons why public consumption of cannabis is prohibited in most states. Preventing youth cannabis use is a public health and social priority, so it is shielding them from being exposed to the use of a controlled substance.

Like tobacco use, marijuana use can also pose health risks due to secondhand smoke. There is a misconception that there are no airborne carcinogens present in cannabis smoke (unlike more than seventy (70) carcinogens linked to cancer in tobacco smoke).

However, the American Lung Association warns:

“Smoking marijuana damages the human lung. Research shows that smoking marijuana causes chronic bronchitis, and marijuana smoke has been shown to injure the cell linings of the large airways, which could explain why smoking marijuana leads to symptoms such as chronic cough, phlegm production, wheeze, and acute bronchitis.

Smoking marijuana has also been linked to cases of air pockets in between both lungs and between the lungs and the chest wall, as well as large air bubbles in the lungs among young to middle-aged adults, mostly heavy smokers of marijuana.”

Cannabis smoke actually contains some similar carcinogens when compared to tobacco smoke. When cannabis is incinerated, it creates aromatic hydrocarbons, including benzopyrene. Some clinical studies have suggested that major cannabinoids (tetrahydrocannabinol and cannabidiol), or THC and CBD, are non-carcinogenic and have demonstrated anti-cancer properties in vivo and in vitro. The healthful benefits of the cannabinoids may help downregulate (or counteract) carcinogenic free radicals found in cannabis smoke.

Medical Cannabis Use And The Fair Housing Act

If you own a residence, it is considered to be private property, and patients can both possess and consume cannabis in their residences. Can a landlord or property management company prohibit the use of marijuana in your private residence? That question is often discussed.

When you are a renter occupant of a house, condo, or apartment, the landlord has the right to set rules about what you can and cannot do. Generally speaking, most landlords prohibit smoking tobacco because it can be a fire hazard, and the residue from smoking can damage the property, staining walls, ceilings, and soft surfaces.

In rental properties, the landlord calls the shots. Check your lease carefully because smoking cannabis when it is prohibited can be grounds for an eviction. There have been legal challenges to this rule, under the federal Fair Housing Act (FHA), because prohibiting a patient with a medical card from using cannabis, is discrimination.

However, as long as cannabis remains a prohibited Schedule I drug in the Controlled Substances Act, patients are unlikely to win any legal rights to use cannabis in a rented residence.