The New York Times Editorial Board wrote an editorial arguing that while America should not go back to marijuana prohibition, lawmakers should do more to regulate marijuana to address the problems that have arisen from legalization.

The main point: Legalization and prohibition both have costs. But there is a lot of space between heavy-handed criminal prohibition and hands-off commercial legalization.

• The Editorial Board suggests that much as the U.S. went too far in banning marijuana, it has gone too far in accepting and promoting its use. Lawmakers should take a “grudging toleration” approach, enacting policies that keep the drug legal and try to curb its biggest downsides.

The details: For-profit marijuana companies have made false claims about what their products can treat, have sold products in packages that mimic snacks for children, and downplay the harms of frequent use.

• As the industry has grown, it has increased its lobbying power.

The bigger picture: The Editorial Board posits that the goal should be to slow the recent rise in marijuana use and perhaps partially reverse it, while acknowledging that many people use marijuana safely and responsibly.

• They point to alcohol and tobacco as frameworks, as both are legal with limitations, including high taxes, open-container laws, and regulations on alcohol and nicotine levels.

Recommendations: The Editorial Board recommends:

1. Implementing a federal tax on marijuana, along with states raising their taxes on marijuana.
2. Restricting the most harmful forms of marijuana by making illegal any marijuana product that exceeds a THC level of 60% and imposing higher taxes on potent forms.
3. Cracking down on medical claims by issuing warnings to dispensaries that falsely promise cures and then closing those that do not comply.

Partnership’s response: Young people are particularly vulnerable to the health effects of marijuana and to targeted industry marketing. Stronger, well-enforced, research-based protections are needed to mitigate the harms of legalization for young people while avoiding a return to the harms of prohibition. Check out our letter to the editor written in response to the article.