By: Gabrielle Kolencik<\/p>\n
Photo courtesy of: https:\/\/commons.wikimedia.org\/wiki\/File:Environmental_Impacts_from_Marijuana_Cultivation.pdf<\/p>\n
With the recent legalization of recreational use in four states, along with the legalization for medical use in Mississippi[1]<\/a>, marijuana is clearly a growing industry in the United States. Marijuana legalization is often discussed in the context of criminal law. Indeed, thoughtful legalization of marijuana is an act of social justice; Just under half of the annual arrests for non-violent drug violations are for marijuana[2]<\/a>, with Black people being 3.64 times more likely than white people to be arrested for marijuana possession, despite similar usage rates.[3]<\/a> In addition to considering social justice, legalizing marijuana should be considered in an environmental context. We must hash out the role environmental law will play in the marijuana industry, as marijuana growth uses a significant amount of water, electricity, and land. Frequent changes in legal status makes it difficult to implement effective agricultural regulations[4]<\/a>; However, legalization will allow the government to ensure that the use of these sources in marijuana cultivation is environmentally friendly.<\/p>\n Whether grown indoor or outdoor, marijuana plants require a significant amount of water. During the outdoor growth process, one plant can soak up around twenty-two liters of water each day.[5]<\/a> <\/em>Outdoor growers, to keep up with irrigation, will engage in illegal river or lake diversions.[6]<\/a> Since the first, credible scientific study of marijuana cultivation on water resources in March of 2015, it\u2019s been shown that marijuana plants can outstrip water supplies.[7]<\/a> Legalization can lower the damaging water use. For example, in Washington, the state requires compliance with the State Environment Policy Act–which includes obtaining water quality permits.[8]<\/a><\/p>\n Additionally, indoor marijuana growth is one of the most energy-intensive industries in the country, requiring significant amount electricity maintain the necessary conditions for plant growth (i.e., light and heat).[9]<\/a> However, legalizing marijuana can help curtail wrongful energy use. Legitimate companies with sources of revenue will be less likely to steal electricity, and thus will encourage growers to \u201cconnect to the grid.\u201d[10]<\/a> Additionally, trail blazing programs on energy efficiency in marijuana cultivation can be implemented to ensure best practices.[11]<\/a><\/p>\n Finally, cultivators operating unpermitted farms on public lands can cause significant damage.[12]<\/a> Growers seeking to conceal their farms often share their operations with pristine wildlife habitats;[13]<\/a> these \u201ctrespass operations\u201d include illegally clearing the land, and destroying the wildlife and the wildlife habitats.[14]<\/a> Growers also use pesticides, fungicides, and fertilizers to ensure that the plants are able to grow.[15]<\/a> The types used, however, are not the same as what one uses in their typical garden; these chemicals are extremely dangerous, some requiring special licensing and others being plainly illegal.[16]<\/a> However, it has been shown that there has been a decrease of improper land use for marijuana growth in states where the plant has been legalized–such as Oregon.[17]<\/a> Additionally, legalization of marijuana will lead to better opportunities to conduct research on the plant, and to find proper pesticides that will be less harmful to the surrounding environment.[18]<\/a><\/p>\n Legalization of marijuana has environmental benefits. As a budding industry, state and federal legislation must make a joint effort to work towards legalizing and regulating marijuana. Marijuana law and environmental law, working hand-in-hand? Now that\u2019s the jackpot.<\/p>\n [1]<\/a> Richard Luscombe, How marijuana legalization made strides across the US in this election<\/u>, The Guardian, https:\/\/www.theguardian.com\/us-news\/2020\/nov\/14\/marijuana-legalization-us-elections-2020 (Nov. 14, 2020).<\/p>\n [2]<\/a> Marijuana Arrests & Punishments, The ACLU, https:\/\/www.aclu.org\/other\/marijuana-arrests-punishments (last visited December 17, 2020).<\/p>\n [3]<\/a> ACLU Research Report, A Tale of Two Countries: Racially Targeting Arrests in the Era of Marijuana Reform<\/u>, ACLU, 1, 7 https:\/\/www.aclu.org\/sites\/default\/files\/field_document\/tale_of_two_countries_racially_targeted_arrests_in_the_era_of_marijuana_reform_revised_7.1.20_0.pdf (last visited Dec. 17, 2020).<\/p>\n [4]<\/a> Mark Klassen and Brandon P. Anthony, The effects of recreational cannabis legalization on forest management and conservation efforts in the U.S. national forests in the Pacific Northwest<\/u>, 162 Ecological Economics 39, 39 https:\/\/www.sciencedirect.com\/science\/article\/abs\/pii\/S0921800918318330 (August 2019).<\/p>\n [5]<\/a> Jennifer K Carah, et. al. High Time for Conservation: Adding the Environment to the Debate on Marijuana Liberalization<\/u>, 65 BioScience 822, 823 (August 2015).<\/p>\n [6]<\/a> Gina S. Warren, Regulating Pot to Save the Polar Bear: Energy and Climate Impacts of the Marijuana Industry<\/u>, 40 Colum. J. Envtl. L. 385, 407 (2015).<\/p>\n [7]<\/a> Ryan B. Stoa, Article, Weed and Water Law: Regulating Legal Marijuana<\/u>, 67 Hastings L.J. 565, 569 (2016).<\/p>\n [8]<\/a> Warren, supra note 7<\/u> at 422.<\/p>\n [9]<\/a> Id.<\/u> at 386.<\/p>\n [10]<\/a> Id.<\/u> at 409-410.<\/p>\n [11]<\/a> Id.<\/u> at 409.<\/p>\n [12]<\/a> Jodi Helmer, The Environmental Downside of Cannabis Cultivation<\/u>, JSTOR Daily, https:\/\/daily.jstor.org\/the-environmental-downside-of-cannabis-cultivation\/ (last accessed December 15, 2020).<\/p>\n [13]<\/a> Id.<\/u><\/p>\n [14]<\/a> Warren, supra note 8<\/u> at 405.<\/p>\n [15]<\/a> Warren Eth, Comment, Up in Smoke: Wholesale Marijuana Cultivation within the National Parks and Forests, and the Accompanying Extensive Environmental Damage<\/u>, 16 Penn St. Envtl. L. Rec. 451, 473 (2008).<\/p>\n [16]<\/a> Jessica Owley, Unforeseen Land Uses: The Effect of Marijuana Legalization on Land Conservation Programs<\/u>, 51 U.C. Davis L. Rev. 1673, 1679-1680 (2018).<\/p>\n