Opinion: America, Assert Your Rights On Cannabis Lounges

A perspective from Jay Wexler, a law professor at Boston University — former paralegal to US Supreme Court Justice Ruth Bader Ginsburg and author of the new book Weed Rules: Paving the way for a just and joyful marijuana policy.

It’s a Tuesday night in Boston. I’ve done my work for the day and, like most evenings, I’m reaching for my stash of weed. I’ve got plenty of edibles, a tincture or two, and some e-cartridges, but tonight I want to enjoy the old-fashioned pleasure of smoking a joint.

In my opinion there is no more sensual way to enjoy cannabis than inhaling the fragrant smoke of a delicious J-Bird; I tasted the terpenes tickling my nose and tongue, and exhaled a puff of smoke until the magic of marijuana enveloped me from all sides.

I choose a strain, roll a joint, find my lighter, and then face the biggest decision of the night: Will I climb my fourth-floor fire escape to smoke, or leave the apartment entirely and start a fire in the alleyway next door? the dumpster? Well, I’m 54. My sciatica is causing problems, so squatting through the window will be painful and uncomfortable.

But the alley risks disapproving looks from neighbors and hungry rats chewing on my ankles. The weather in Boston on this spring evening feels about 37 degrees and windy – I’m gonna freeze my ass off either way.

Moe Green’s Cannabis Lounge in San Francisco (Leafly File Photo by Jamie Soy)

While recreational weed is legal in more than 20 states, smoking is still legal almost everywhere.

This is the unfortunate situation that too many of us face in our “legalizing nation”: While weed is legal for recreational use in more than 20 states, there is still no legal place where it can actually be smoked. Hotels prohibit smoking, as do most landlords and many apartment rental companies (this is my situation). Cannabis use is illegal in government-subsidized housing, and most states prohibit public use of marijuana. Only homeowners can legally smoke weed on their property, and even then, what if you have kids or your spouse doesn’t like the smell of cannabis?

This conundrum is bad enough for recreational users like me, but medical users are far worse off. What are cancer patients or people with Crohn’s disease supposed to do when smoking is the only way to take their medication? I really hope they can stand being outside for 15 minutes and that it doesn’t rain. The justice problem here is glaring: the wealthy and well-off get along, while the poor and sick suffer or risk legal retribution. How can a state legalize the cultivation, sale, and purchase of weed but not provide legal places to smoke?

States and cities need to license more lounges

Moe Green’s Cannabis Lounge in San Francisco (Leafly File Photo by Jamie Soy)

States could significantly reduce this problem by authorizing and encouraging the establishment of social use facilities where cannabis users can come together in a public, social setting to enjoy their recreational drug of choice. However, as I detail in my new book, Weed Rules: Blazing the Way to a Just and Joyful Marijuana Policy, some states don’t allow lounges and cafes for social consumption at all (thanks, Oregon and Washington!). Even the states that theoretically allow such lounges and cafes have put almost insurmountable obstacles in the way of their establishment.

Cities and towns have the power to exclude them; By complying with distance requirements, it is not possible for entrepreneurs to find enough space. Onerous regulations dictate what facilities can sell, permit, or provide for social causes (No Alcohol! No Tobacco! No Smoking!). In short, the states have all but ensured that hardly any social spaces can be opened and operated. There are of course some of them. Groundbreaking venues like The Coffee Joint in Denver and Moe Greens in San Francisco should be celebrated and visited, but demand still far outstrips supply.

Moe Green’s Cannabis Lounge in San Francisco (Leafly File Photo by Jamie Soy)

Is it fair that beer drinkers can choose from 50 bars to enjoy their drug of choice while weed smokers have to hide behind dumpsters in the alley to enjoy our drug?

Fortunately, there is no constitutional ban on cannabis lounges, meaning we the people can use the democratic process to encourage states to change their laws and create more spaces for cannabis use. Many battles, big and small, remain on the road to full, federal legalization and normalization of marijuana. This is one of the big ones.

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Is it fair that beer drinkers can choose from 50 bars to enjoy their drug of choice while weed smokers have to hide behind dumpsters in the alley to enjoy our drug? Of course not. Lounges and cafes where people can come together and enjoy cannabis in a safe, social setting are essential in a society where marijuana use is considered acceptable and normal. Some of us absolutely need them. We all deserve it.

Until then, however, you can find me in the alley.

Moe Green’s Cannabis Lounge in San Francisco (Leafly File Photo by Jamie Soy)(Courtesy of Jay Wexler)

Jay Wexler is a law professor at Boston University, a former paralegal to Supreme Court Justice Ruth Bader Ginsburg, and the author of seven books, including Weed Rules: Blazing the Way to a Just and Joyful Marijuana Policy (University of California). Press 2023). He tweets @SCOTUSHUMOR.