California must keep its promise to protect kids from big cannabis

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OPINION – California voters were promised something simple and reasonable when they approved cannabis legalization under Proposition 64: a tightly regulated industry that would fund youth programs, protect children, and operate responsibly. Nearly a decade later, that promise has been broken.

That’s why youth advocates in California have taken the extraordinary step of filing a lawsuit against the state. This case is not about relitigating legalization; it is about accountability. It is about ensuring that what voters approved in 2016 is what California actually delivers today.

At the heart of Proposition 64 were two key commitments: cannabis tax revenues would support children and prevention programs, and the industry would be strictly regulated to minimize harm to young people. Instead, we’ve seen a steady erosion of both.

First, the funding. Voters approved cannabis taxes specifically to invest in child care, youth development, drug prevention, and environmental restoration. But in recent years, state leaders have weakened those funding streams. The elimination of the cultivation tax in 2022 and the reduction of the excise tax in 2025 have collectively slashed an estimated $128 million annually from programs intended to benefit children and communities.

These were not minor technical adjustments. They were fundamental changes that redirected resources away from the very purposes voters endorsed. Funds intended for public benefit have increasingly been diverted toward regulatory costs, despite clear voter intent that industry should pay for its own oversight.

Second, the protections. Californians were assured that legalization would not lead to increased harm to children. Yet the data tells a different story.

Cannabis products today are often designed and marketed in ways that appeal to youth – packaged like candy and easily mistaken by children. The consequences are alarming. According to a California State Auditor report, calls to poison control related to cannabis ingestion among children five and under have increased by 469 percent since legalization.

At the same time, cannabis potency has surged. A recent large-scale study found that cannabis use among young people is associated with a doubling of the risk of psychotic and bipolar disorders. These are real and growing threats to the health and well-being of California’s youth.

Taken together, these trends point to a troubling reality. The cannabis market that exists today bears little resemblance to what voters were promised. Instead of a carefully controlled system focused on adults, we have a highly commercialized industry that too often prioritizes profits over public health.

This is not unprecedented. We have seen this playbook before. Industries that initially promise responsibility can, over time, push for weaker regulations, lower taxes, and broader market access, especially when oversight falters. That is why strong guardrails matter. That is why voter-approved protections must be upheld, not dismantled.

To be clear, this lawsuit is not about reversing legalization. It is about restoring integrity to it. Californians deserve a system that reflects the will of the voters, not one that has been reshaped by industry pressure and policy drift.

There are solutions within reach. The state can restore cannabis tax rates to ensure adequate funding for youth programs and prevention. It can ensure that regulatory costs are borne by the industry, as intended, rather than by funds earmarked for public benefit.

Legislation, such as AB 2249, could offer a path forward by strengthening safeguards on cannabis marketing and products. But policy alone is not enough without accountability.

Ultimately, this is about trust. When voters make a decision as significant as legalizing cannabis, they rely on the assurances made by policymakers. If those assurances can be quietly undone, it undermines confidence not just in one policy, but in the democratic process itself.

California can and must do better. Legalization was never meant to come at the expense of our children. It was meant to create a safer, more responsible system. One that invests in prevention, protects vulnerable populations, and holds industry accountable.

It is time to get back to that promise.

Jim Keddy, executive director of Youth Forward, has served as a leader in children’s advocacy for over thirty-five years.