3.4 Drug self-exclusion
As with mandated exclusion, self-exclusion can be employed with the currently illegal drugs as part of a legal regulatory system. To be specific, imagine a self-exclusion system with respect to legal marijuana. Upon reaching the age of majority, all individuals would be eligible to purchase and consume (perhaps limited) quantities of marijuana. Users who are concerned that their marijuana use has become habitual and is detracting from their lives could choose to put themselves on the list of ineligible buyers. Presumably the method of enforcing the voluntary bans would involve all marijuana customers producing identification, which then would be compared with the names on the exclusion list.
The detailed provisions of exclusion that arise in the instance of gambling exclusions have precise parallels with drug exclusions. How long should an exclusion last? When an exclusion expires, is any positive step required for reinstatement of the privilege to purchase marijuana? Would it be sensible to allow enforceable self-limits, partial exclusions that permit the purchase of restricted quantities of marijuana? Could family members initiate an intervention that could result in an enforceable exclusion? Different jurisdictions could experiment with different exclusion options, and a set of best practices could emerge: a dynamic that is ongoing in the case of gambling self-exclusion programs.[i]
An alcohol-style regulatory system, enhanced with both mandatory and voluntary exclusion mechanisms, might be a good option for the legalization of relatively soft or safe drugs like marijuana. For harder drugs, however, a more stringent regulatory system might be a better route for legal provision, at least in the initial post-prohibition situation.
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