[New York Diary] Marijuana Odor Becomes a Manhattan Symbol

What comes to mind when you think of New York? The Statue of Liberty, Times Square, the Empire State Building?New York's symbols are so numerous they could fill an entire page. However, one of the things increasingly associated with New York by recent visitors is marijuana (cannabis). Marijuana smoking is widespread throughout New York. The state legalized recreational marijuana in March 2021, believing that control based on individual autonomy and regulation within a legal framework is better than prohibition. With nearly half of the 50 U.S. states?24 in total?having legalized marijuana, New York's decision is not unusual within the country.

The problem is that the shadow of marijuana legalization policies is also deep. While legalization brings underground economies into the regulatory fold and increases tax revenue, it can also encourage the use of other toxic drugs, resulting in enormous social costs. A pressing issue encountered in reality is the pungent, overwhelming smell encountered throughout New York. When taking children to Manhattan, the strong odor of marijuana often fills the streets, causing the whole family to wrinkle their noses. In New York, marijuana can be smoked anywhere smoking is allowed, except in parks or plazas where many people gather. It is not difficult to find people smoking marijuana in public places.

Given this situation, voices demanding the right not to smell marijuana are growing louder in New York. Tom Harris, chairman of the Times Square Alliance, stated, "We receive numerous complaints from visitors to Times Square about the widespread marijuana odor," and argues that the right not to smell marijuana should be treated at least as equally as the right to smoke it.

Above all, as the marijuana industry rapidly expands in New York, concerns are growing that indiscriminate marijuana smoking and the resulting odor problem could worsen. In the first quarter of this year, sales at licensed marijuana dispensaries in New York reached $85 million, a 32% increase from $62 million in the fourth quarter of last year. Considering unreported illegal marijuana sales, some analysts believe the increase in marijuana consumption in New York is much larger. While there are only about 100 licensed marijuana stores legally selling marijuana in New York City, approximately 8,000 unlicensed marijuana shops operate in the city's five boroughs, including Manhattan and Brooklyn.

The New York State Legislature, belatedly recognizing these issues, proposed a bill last year to ban marijuana smoking in public places. There are also calls to ban marijuana smoking in residences due to the suffering caused by secondhand marijuana smoke. In densely populated New York, with many multi-family dwellings, cases of indoor marijuana smokers increasing and the resulting complaints of suffering are mounting. The New York Post recently published an article about New Yorkers suffering from marijuana odor, reporting that they experience nausea, allergic itching, and throat pain. In Washington D.C., a woman in her 70s even filed a lawsuit in court, claiming her health deteriorated due to a neighbor's marijuana smoking. On the other hand, marijuana smokers argue that if consumption is banned not only in public places but also at home, there would be no reason to legalize recreational marijuana.

Opinions on marijuana legalization are divided among policymakers and academics. Some economists argue that absorbing products like drugs into the formal economy is better for legitimizing the underground economy. The Netherlands legalized marijuana in 1976 for this reason. Others argue that, beyond the negative externalities of secondhand smoke, marijuana smokers are likely to eventually seek more toxic drugs like heroin, and therefore a total ban on drug distribution is justified.

Which argument should be favored? Rather than a definitive answer, it seems to be a matter of policy judgment. However, now that marijuana is legalized, there should at least be consideration of the right to avoid secondhand smoke. Alcohol regulations might offer a hint. In the U.S., alcohol consumption itself is legal, but drinking in public places is strictly prohibited. After smelling the pungent marijuana odor on many Manhattan streets, one might hope that marijuana smoking would be subject to similar public consumption bans as alcohol.