Marijuana Legalization Needs Stronger Regulation

Advocates were right to call for legalization, but regulation has fallen short

Published on Feb. 10, 2026

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The New York Times editorial board is calling for increased regulation of the marijuana industry, as legalization has led to a sharp increase in daily users, addiction, and health issues like cannabinoid hyperemesis syndrome. While the board still supports legalization over criminalization, they argue that the effects of legalization have been worse than predicted and that a 'grudging toleration' approach with higher taxes and restrictions is needed to curb the downsides.

Why it matters

The legalization of marijuana without sufficient regulation has had significant public health consequences, including rising rates of addiction and use-related illnesses. Addressing these issues through smarter policies is crucial to mitigating the harms of widespread marijuana use.

The details

More than a decade after the Times editorial board argued for legalizing recreational marijuana, they are now calling for increased regulation of the industry. While legalization has ended the injustice of arresting people for using a substance no more harmful than alcohol or tobacco, it has also led to a dramatic increase in daily marijuana use and associated health problems. Experts have observed a sharp rise in addiction, emergency room visits for issues like cannabinoid hyperemesis syndrome, and the normalization of heavy, daily marijuana use in a way that could reduce societal productivity.

  • In 2014, the Times editorial board published a series of editorials arguing for the legalization of recreational marijuana, when no states allowed it.
  • Over the past decade, marijuana has become legal for recreational use in many states, leading to its increased prevalence in public spaces and daily life.

The players

New York Times Editorial Board

The group responsible for writing the unsigned editorials that express the institutional view of The New York Times Opinion section.

Mark Kleiman

A criminologist who coined the concept of 'grudging toleration' as a middle ground between prohibition and full embrace of marijuana use.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, Grocery employee (Instagram)

What’s next

The Times editorial board will continue to advocate for a middle-ground approach to marijuana regulation, pushing for higher taxes, restrictions on marketing and sales, and other policies to curb the public health downsides of widespread use while maintaining legalization.

The takeaway

Legalization of marijuana was an important step, but without sufficient regulation, it has led to concerning public health trends that must be addressed through smarter policies that discourage excess use without returning to the harms of criminalization.