Pubdate: Thu, 12 Feb 2015 Source: USA Today (US) Copyright: 2015 USA TODAY, a division of Gannett Co. Inc Contact: http://mapinc.org/url/625HdBMl Website: http://www.usatoday.com/printedition/news/index.htm Details: http://www.mapinc.org/media/466 Author: W. David Ball Note: W. David Ball is assistant law professor at Santa Clara University and chair of the Public Safety Working Group for California's Blue Ribbon Commission on Marijuana Law and Policy. POT BARS ARE THE SAFE CHOICE FOR MARIJUANA Keep the Drug Where We Can Watch It In Colorado and Alaska, when the states legalized recreational marijuana use, voters were sold on the idea that we weren't simply legalizing the drug; we were regulating it like alcohol. That selling point is likely to be part of 2016 campaigns to do the same in states from California to Maine. But there is one way in which marijuana regulations have, so far, not modeled themselves on alcohol regulations. They do not allow on-premises consumption in commercial establishments such as bars and restaurants. This is a mistake. The best way to limit diversion from the legal market to teens would be to shift all marijuana use, or at least as much as possible, to on-premises consumption. Consider the alcohol market: We know that underage drinkers primarily get alcohol three ways, stealing from parents, at parties, and from asking older people to buy for them. Kids get alcohol from someone who bought it "to go" from a store. We could slash youth drinking by eliminating off-site consumption. If there were no liquor stores, no beer and wine in supermarkets, there would be a lot less diversion to teens. Only those with a license to serve alcohol could sell it, and consumption would take place in those establishments. Bars and restaurants risk losing liquor licenses and face criminal and civil penalties when they sell illegally. Of course, it would be hard to ban to-go sales of alcohol now that millions of Americans are used to it. But marijuana is different. We are just now creating the pattern for legal marijuana use. The most powerful objection to regulated recreational marijuana is the danger of teenagers getting access. This is of paramount importance - and not just because I'm a father of two. The prohibition we have now has proved to be a lousy way to keep marijuana out of anyone's hands. In a regulated market where all marijuana is purchased to go, we'll have the same problems that we have with alcohol. But what if you could buy marijuana only for immediate consumption? Businesses that sold it would check ID and only the buyer could use it, just as bars avoid serving underage patrons today. What of the second-most common argument against legalization that it would increase driving under the influence of drugs? All the ways we have successfully limited drunken driving apply to drugged driving. There are technical issues to be worked out. It is unclear whether states would need to change smoking laws or whether states would allow only vaporizers, drinks or edibles. Regardless, as states seek to regulate marijuana like alcohol, they need to learn the lessons of alcohol as well. Allowing off-site consumption of marijuana, as is the rule today, maximizes the potential for diversion to unauthorized users. It's the one alcohol regulation we shouldn't be copying. - --- MAP posted-by: Jay Bergstrom