Alcohol vs. Marijuana: Legality and History

Key Takeaways

• Alcohol and weed are both mind-altering substances, but they are treated quite differently from a legal point of view. 
• Alcohol is generally legal for adults to consume, but marijuana is illegal at the federal level (despite some states legalizing its possession). 
• There is no simple answer for why alcohol is legal but marijuana is not; historical, societal, and political factors play a role in the legality of both substances. 
• Both alcohol and weed can cause significant health problems, regardless of their legal status. 

Alcohol and Weed: Mind-Altering Substances That Are Treated Very Differently

Despite the fact that both alcohol and cannabis are mind-altering substances that are largely derived from natural sources, they’re treated differently under the law in many places. 

Alcohol is generally legal for adults over the age of 21 to possess or consume, though there are some limitations. For example, drinking in public is illegal in many places and you cannot drive under the influence of alcohol. 

By contrast, while some states have enacted legislation that regulates and taxes the possession of marijuana, the possession of marijuana remains illegal at the federal level. 

However, the federal government is currently considering the rescheduling of marijuana, removing it from the strictest classification level – Schedule I – and moving it to Schedule III, which would reduce some of the federal penalties for possession. 

The reasons alcohol and weed are treated very differently involve a myriad of historical, political, and societal factors, which we’ll discuss below. 

The History of the U.S. Laws Governing and Alcohol

The legal history of alcohol in the U.S. can largely be broken down into three different time periods: the pre-prohibition era, the prohibition era, and the post-prohibition era. 

Each era was characterized by not only different laws regarding alcohol, but also varying economic, cultural, and societal responses to these laws. This is especially true of the prohibition era, which proved to be the most impactful of the three. 

The Pre-Prohibition Era

The pre-prohibition era begins during the earliest days of the country’s history. 

• Colonial and Early American Period: Alcohol consumption was common in colonial America and early U.S. history. Alcoholic beverages, including beer, cider, and spirits, were widely consumed, and taverns were central to community life.
• 19th Century: As the 19th century progressed, the temperance movement began to gain momentum. Advocates for temperance initially called for moderation but eventually pushed for complete abstinence from alcohol.

Alcohol consumption is generally thought to have been extremely high during this time, which led to a host of societal problems and helped usher in the temperance movement. 

The Prohibition Era

As time went on and the temperance movement continued to grow in popularity, the country entered the prohibition era. 

• 18th Amendment (1919): The temperance movement’s efforts culminated in the ratification of the 18th Amendment to the U.S. Constitution in January 1919. The amendment prohibited the manufacture, sale, and transportation of intoxicating liquors.
• Volstead Act (1920): To enforce the 18th Amendment, Congress passed the National Prohibition Act, commonly known as the Volstead Act, which defined intoxicating liquor as any beverage containing more than 0.5% alcohol by volume.
• Prohibition (1920-1933): Prohibition officially began on January 17, 1920. During this period, the legal production and sale of alcoholic beverages were banned. However, Prohibition led to the rise of illegal activities, including bootlegging and speakeasies, and was marked by widespread disregard for the law.

While this era did see a reduction in alcohol consumption, it saw economic hardship (largely in the form of lost jobs) and the rise of organized crime. Additionally, many people lost respect for law-enforcement agencies.  

Post-Prohibition Era

After a 13-year period of prohibition, the country shifted course, entering the post-prohibition era. 

• 21st Amendment (1933): Due to the widespread unpopularity of Prohibition and the associated problems it created, the 21st Amendment was ratified on December 5, 1933, repealing the 18th Amendment and ending Prohibition.
• State and Local Regulation: After the repeal of Prohibition, the regulation of alcohol was left to individual states. Each state established its own laws governing the production, distribution, sale, and consumption of alcohol. Some states and localities continued to enforce stricter regulations or maintain “dry” areas where alcohol was still prohibited.

Drinking levels may have increased during this time, but the influence of organized crime on daily life decreased and many jobs were created by alcohol-based businesses. Additionally, the respect for law enforcement grew significantly. 

The History of the U.S. Laws Governing Weed

In several ways, the legal history of weed in the U.S. parallels the history of alcohol-related laws. As with alcohol, weed has seen a shift from widespread use and minimal regulation to criminalization and, more recently, movements toward decriminalization and legalization. 

Here’s a detailed overview:

• Colonial and Early America: Cannabis was grown in the American colonies primarily for hemp, used for rope, fabric, and other products. It was a common crop and encouraged by the government for its practical uses.
• 19th Century: Cannabis began to be used for medicinal purposes in the 19th century. It was included in the U.S. Pharmacopeia and widely prescribed for various ailments.
• 1910s-1920s: Anti-drug sentiment grew, partly fueled by the Mexican Revolution, as Mexican immigrants brought their customs of cannabis use. Negative associations with cannabis use and racial prejudices contributed to the stigmatization of the plant.
• 1930s: The Great Depression and social unrest increased fears about drug use. Harry Anslinger, the first commissioner of the Federal Bureau of Narcotics, led a campaign against cannabis, linking it to violent crime and moral decay.
• 1937: The Marihuana Tax Act effectively criminalized cannabis by imposing heavy taxes and regulatory restrictions on its possession and transfer. While not outright banning it, the Act made it extremely difficult to legally obtain or use cannabis.
• 1950s: The Boggs Act (1952) and the Narcotics Control Act (1956) established mandatory minimum sentences for drug offenses, including cannabis.
• 1970: The Controlled Substances Act (CSA) classified cannabis as a Schedule I drug, defining it as having high potential for abuse and no accepted medical use. 
• 1970s: Several states began to decriminalize cannabis possession, reducing penalties for small amounts. Oregon was the first state to decriminalize in 1973.
• 1996: California passed Proposition 215, becoming the first state to legalize medical cannabis. This spurred other states to adopt similar laws over the next two decades.
• 2012: Colorado and Washington became the first states to legalize recreational cannabis for adults. Their success inspired other states to follow suit.
• 2010s-Present: Many states have enacted laws to legalize, decriminalize, or provide medical cannabis. 

As of 2024, over 30 states have some form of legal medical cannabis, and more than a dozen states have legalized recreational use.

Keep in mind that despite state-level reforms, cannabis remains illegal under federal law. The federal government, however, has adopted a generally hands-off approach, allowing states to regulate cannabis independently.

Political Factors Affecting the Legal Status of Alcohol and Weed

Political factors play a significant role in shaping the legal landscape of alcohol and cannabis. Historical and contemporary policies reflect a complex interplay of interests, ideologies, and socio-economic considerations. 

We’ll examine these factors for alcohol and cannabis separately below.

Political Factors Affecting the Legal Status of Alcohol

Some of the key political factors influencing the legal status and environment surrounding alcohol in the United States include:

• Public Opinion: Alcohol has a long history of social acceptance and cultural integration in the U.S., and the failure of Prohibition (1920-1933) highlighted the unpopularity of alcohol bans.
• Lobbying: The alcohol industry, including brewers, distillers, and distributors, has significant lobbying power. Organizations like the Distilled Spirits Council of the United States (DISCUS) advocate for favorable legislation and regulations. 
• Economic Impact: The alcohol industry’s contribution to the economy through jobs, taxes, and tourism strengthens its political influence.
• Political Ideology: While some conservative groups support strict regulations and emphasize personal responsibility and moral considerations, many liberal groups advocate for responsible consumption, harm reduction, and personal freedom.
• Public Health Concerns: Public health campaigns and organizations highlight issues like drunk driving, addiction, and liver disease, influencing regulations around advertising, sales, and consumption.

Political Factors Affecting the Legal Status of Cannabis

While many of the political factors influencing the legal status of marijuana are similar to those influencing alcohol’s legality, there are several different factors that play into the discussion. 

• Public Opinion: Public support for cannabis legalization has grown significantly over the past few decades, influencing politicians to adopt more progressive stances.
• The Role of Medical Use: Increased recognition of medical cannabis benefits has shifted public opinion and legislative priorities.
• Lobbying and Advocacy: Organizations like the Marijuana Policy Project (MPP) and NORML advocate for legalization and reform, while some groups, such as Smart Approaches to Marijuana (SAM), oppose legalization and emphasize potential risks.
• Political Ideology: Many progressive and liberal politicians support cannabis legalization, viewing it as a civil rights and criminal justice issue, but some conservative politicians oppose legalization, citing public safety, health concerns, and traditional values.
• Economic Considerations: States that have legalized cannabis have seen significant tax revenue, and the legal cannabis industry has created numerous jobs, contributing to economic growth.
• Public Health and Safety: Advocates argue that legalization allows for regulation and quality control, reducing the risks associated with black market products, while opponents cite concerns about increased usage, particularly among youth, and potential health risks.
• Criminal Justice Reform: Legalization is often linked to broader criminal justice reform, addressing the disproportionate impact of drug laws on minority communities.

Societal Perceptions and Their Influence on the Legal Status of Marijuana and Alcohol

As with the legal and political factors influencing the legality of marijuana and alcohol, the societal factors at play differ strongly for each substance. So, we will examine these issues independently, below. 

The Societal Factors Influencing the Legality of Alcohol

Some of the key societal factors influencing the legality of alcohol include: 

• Cultural Traditions: Alcohol has been a part of social and cultural traditions in many societies for centuries. Its role in social gatherings, religious ceremonies, and celebrations influences its acceptance and regulation.
• Social Drinking Norms: Social norms around moderate drinking and responsible consumption shape public attitudes and regulations. Alcohol is often integrated into daily life and social events, affecting its legal status.
• Social Attitudes: Societal attitudes toward responsible drinking and the role of alcohol in moderation impact legal frameworks. Efforts to promote responsible drinking and prevent abuse shape regulations.
• Economic Contribution: The alcohol industry contributes significantly to the economy through job creation, tourism, and tax revenue. This economic impact influences public and political support for alcohol regulation.
• Costs of Alcohol Abuse: Societal costs related to alcohol abuse, including healthcare expenses and lost productivity, affect public and policy responses.

Societal Factors Affecting the Legal Status of Cannabis

The societal factors influencing the legal environment for weed include some of the following: 

• Cultural Attitudes and Perceptions: Societal attitudes toward cannabis have shifted significantly over time. Increased acceptance and recognition of its medicinal benefits have influenced legalization efforts.
• Health Benefits: Growing evidence of cannabis’s medicinal benefits has shifted public perception and supported legalization efforts for medical use.
• Public Safety: Concerns about the impact of legalization on public safety, including impaired driving and youth access, influence societal debates and regulatory approaches.
• Criminal Justice Reform: The disproportionate impact of cannabis prohibition on marginalized communities has driven social justice advocacy. Efforts to address past injustices, including expunging records and promoting equity in the cannabis industry, are significant societal factors.
• Racial Disparities: Awareness of racial disparities in cannabis enforcement has led to calls for reform and policies aimed at rectifying historical injustices.
• Job Creation: The legal cannabis industry creates jobs and contributes to the economy, which influences public support for legalization. Economic benefits from taxation and business opportunities are key factors in the legalization debate.
• Market Dynamics: The growth of the cannabis market and the potential for economic development impact societal attitudes and policy decisions.
• Youth Access: Concerns about increased youth access to cannabis influence regulatory approaches. Educational campaigns and age restrictions aim to mitigate potential negative impacts on young people.
• Media Influence: Media portrayals of cannabis, both positive and negative, impact public perceptions and attitudes. Positive media coverage of successful legalization efforts can drive support for reform.

Comparative Health Implications of Alcohol and Cannabis

The discourse on the health implications of alcohol and cannabis has intensified in light of changing legal landscapes. Studies reveal a complex picture, often highlighting alcohol’s more severe health risks compared to cannabis. Nevertheless, both substances present significant health risks.  

Health Risks Associated with Alcohol Consumption

Alcohol consumption presents a significant risk to public health, contributing to a range of chronic diseases and acute conditions. Some of the most noteworthy include: 

• Research has documented the effects of alcohol on various organ systems, leading to health problems such as cardiovascular diseases, liver cirrhosis, and fetal abnormalities.  
• The National Institute on Alcohol Abuse and Alcoholism reports that excessive drinking can lead to liver inflammation and pancreatitis, as well as increase the risk of certain types of cancer.
• Alcohol’s interference with the brain’s communication pathways can also affect cognitive function and appearance. 
• The Centers for Disease Control and Prevention (CDC) highlights that excessive alcohol use is responsible for a considerable number of deaths and years of potential life lost (YPLL) annually in the United States.
• The World Health Organization (WHO) classifies alcohol as a Group 1 carcinogen, indicating its high risk for cancer development. They emphasize that no level of alcohol consumption can be considered safe for health.

Given these risks, public health guidelines recommend that adults who do not currently drink should not start, and those who do drink should do so in moderation. Importantly, strategies for a healthy lifestyle should prioritize a nutritious diet and physical activity over alcohol consumption for health benefits.

Health Risks Associated with Cannabis Use

The use of cannabis is also associated with various health risks that can affect both the brain and body. Some of the most important include: 

• Cannabis contains the psychoactive compound THC (tetrahydrocannabinol), which can lead to short-term effects such as impaired memory, difficulty with concentration, and altered reaction times. 
• Long-term or heavy use of cannabis has been linked to risks such as addiction, altered brain development, and mental health issues, including anxiety, depression, and psychotic disorders.
• Research from the National Institute on Drug Abuse highlights that individuals who begin using cannabis before the age of 18 are at a higher risk of developing a cannabis use disorder compared to adult users.
• The Centers for Disease Control and Prevention (CDC) further explains that cannabis use during pregnancy can harm the baby’s health, leading to complications such as low birth weight and developmental issues. 
• The potency of THC in cannabis has risen over the years, which may increase the likelihood of harmful reactions, especially for new users.

While research is ongoing, the potential for cannabis to act as a gateway to the use of other substances is also a concern raised by experts from institutions such as the Johns Hopkins Bloomberg School of Public Health. 

The broad range of health risks associated with cannabis use underscores the importance of continued research and public health education.

Regardless of the Legality, Both Alcohol and Weed Can Be Abused

It is likely obvious at this point that the legal environments for both of these substances are complicated and continue to change. But in both cases, one thing is clear: They can be abused, which can lead to a litany of legal and health problems. 

Accordingly, it is important for all individuals to treat these substances with the respect they deserve and avoid falling into a pattern of addiction or abuse.