High Hopes, Clouded Realities: Minnesota’s Cannabis Legalization and the Hidden Health Risks

By
Allison Crescimanno
46 Mitchell Hamline L.J. of Pub. Pol’y and Prac. 1 (2024)

Not too long ago, people believed that those who smoked tobacco products were not harming others. Doctors, nurses, and celebrities endorsed smoking through advertisements, claiming it was beneficial. One advertisement featured a “doctor” promoting smoking by suggesting a little girl could live 100 years longer than her mother. Another showed an ear, nose, and throat doctor holding a “germ-proof” pack of Camel cigarettes to demonstrate the brand’s ability to filter the “peppery dust . . . that makes you cough.” In 1930, Dr. G. Edward Roehrig endorsed Thomson’s Mell-o-well cigars as a “health cigar” removing irritants like “nicotines, glycerides, albuminoids and carbons — dangerous when used to excess by those who are physically below par.” One of the boldest ads, however, went as far as stating health benefits. Marshall’s Cubeb cigarettes released an ad claiming their cigarettes were a “sure remedy for asthma, nasal congestion, and the common cold.” Similar claims, supported by actual research, have also been made about the benefits of smoking cannabis. For instance, a report found “conclusive evidence” that marijuana8 is effective for treating chemotherapy-induced nausea and vomiting. Additionally, there is “substantial evidence” that marijuana is good for treating chronic pain and can improve patient-reported multiple sclerosis spasticity symptoms. In Massachusetts, the state’s first billboard ad for marijuana, set against a bright green background, read “Why wait for better health?”

These studies and advertisements, like those for smoking, have spread the idea that marijuana use is risk-free, especially among young people. After years of research, scientists found the extremely toxic effects that tobacco smoke can have on both smokers and nonsmokers. The same goes for cannabis smoke. While more research is needed into cannabis effects, smoke is smoke—regardless of the device or description. As with secondhand tobacco smoke, there are hundreds of chemicals in secondhand marijuana smoke. Secondhand marijuana smoke contains several harmful fine particles and hazardous substances that can significantly harm non-smokers’ health. Secondhand marijuana smoke has many of the same toxic chemicals and substances that cause cancer as secondhand tobacco smoke, including three times the amount of ammonia and significant levels of mercury, lead, formaldehyde, benzene, hydrogen, cyanide, and toluene. While there are similarities between the chemicals being inhaled from cannabis and tobacco smoke, the American Lung Association found the “exposure to secondhand marijuana smoke created longer-lasting effects on blood vessel function than exposure to secondhand tobacco smoke.” Thus, even though cannabis is now legal in Minnesota, this does not mean it is safe.

While the legalization of cannabis will help mitigate some harm and detrimental health effects, it could potentially open new channels for injustices. For instance, it can result in an increase in the use of cannabis and exposure to secondhand smoke, maintaining the upward trend of cannabis use observed across the country. It may also be improperly employed by housing providers as a means of expelling tenants who disobey smoke-free regulations.

The consequences of smoking cannabis or tobacco go beyond just the consumers. Smoking and other aerosol-producing practices can harm one’s health and the health of others through secondhand smoke, thirdhand smoke, or chemicals present in other aerosolized emissions. Those who live in multiunit housing are more at risk of smoke exposure because they may be subjected to emissions that invade other units through windows, walls, shared ventilation, and other paths. The growing conflicts over cannabis use in multiunit housing are closely linked to similar issues in the context of tobacco control. As of 2021, “nearly 30 percent of Minnesota residents — more than 620,700 households — live in a rental unit.” In urban communities, an even higher share of the population lives in multiunit housing. Until all multiunit housing is required to prohibit smoking cannabis, many residents are at risk of the negative health effects that come with inhaling cannabis smoke.

This article argues that while Minnesota’s recent legislation legalizing cannabis was the right decision, it has created a public health concern. Specifically, due to the lack of research on the negative health effects of cannabis, legalizing the drug may leave individuals to perceive the drug as safe. While the legislature included some provisions to help mitigate the impact on public health, the effectiveness and equitability of these provisions will depend on enforcement.