Walking around 6th or 8th Street in Koreatown, LA, smelling marijuana has become a daily occurrence.

At first, it was concerning, but now I hardly notice it. That's the nature of human adaptability.

Why is marijuana legal in California?

California legalized recreational use through Proposition 64 in 2016, and sales began in January 2018.

To purchase marijuana, you must be over 21 and have a valid ID. Acceptable forms include a driver's license, government-issued ID, or a passport from the U.S. or abroad. A doctor's prescription is not required for recreational purchases (not for medical purposes). California state regulations allow licensed retailers to sell adult-use cannabis as long as they verify age with an ID. However, retail sales must be permitted in that area, and you must use a legal licensed dispensary.

The logic was simple. "If people are going to smoke anyway, let's bring it into the open, collect taxes, and ensure quality control."

The result? Since January 2018, tax revenue has exceeded $8.1 billion.

In the first quarter of 2026 alone, approximately $248 million was collected ($143.6 million in excise tax + $10.43 million in sales tax). This revenue is allocated to childcare, medical research, and youth drug prevention programs.

The problem is that the illegal market hasn't disappeared. The key selling point of legalization was to "take down the cartels."

In 2022, Governor Newsom established the Unified Cannabis Enforcement Task Force (UCETF), which has seized and destroyed 841,000 pounds of marijuana worth $1.3 billion to date.

They have uprooted 1.3 million plants and executed over 750 warrants across 29 counties. In the second quarter of 2026 (April to June) alone, 63,000 pounds and $10.4 million worth were seized.

This could be read as effective enforcement. I read it differently.

The fact that even in the eighth year of legalization, $100 million is still being seized each quarter indicates that the illegal market is still thriving.

In 2025, the total seized was $609 million, which is 18 times that of 2022. It's unclear whether this increase is due to enhanced enforcement capabilities or market growth.

A more striking detail: despite executing over 750 warrants in four years, only 100 people were arrested.

While uprooting 1.3 million plants, only 100 individuals were caught. This suggests that the upper echelons of the organization remain largely untouched, with only fields and warehouses being continuously raided.

Why hasn't it died out? Because of taxes and regulatory costs.

In June 2026, $227 million was allocated for illegal marijuana enforcement and related programs.

They collect taxes and use that revenue to enforce against the illegal market that survives because of those taxes.

In Texas, recreational marijuana remains illegal, and possession of large amounts is a criminal offense. Medical use is limited to the low-THC program (TCUP).

So far, so good. The problem arose when the 2018 federal farm bill defined hemp as "delta-9 THC below 0.3%", creating a significant loophole.

The THC beverages you see at Dallas liquor stores are a product of that loophole. While marijuana is illegal, THC products that intoxicate people are legal.

Texas has tried every means to stop this over the past year.

Starting September 2025, selling cannabinoid-containing vapes became a Class A misdemeanor (SB 2024).

Under Executive Order GA-56, sales to those under 21 are prohibited, and ID verification is mandatory, with related TABC regulations taking effect on January 21, 2026.

The Department of State Health Services (DSHS) attempted to implement regulations that would effectively eliminate THCA flower by changing the method of calculating total THC, but this was blocked by a court TRO on April 8 and a preliminary injunction on May 1.

Starting July 31, 2026, delta-8, delta-10, delta-6, and THCP will be classified as controlled substances.

However, the most commonly sold delta-9 hemp products remain legal.

Currently, Texas is alternating between the governor's executive orders, health department rule-making, and court injunctions, creating a fluctuating market.

As a reference, starting November 12, 2026, federal law (H.R. 5371) will exclude intoxicating THC products from the definition of hemp.

This means that the federal government will resolve the issues Texas has been struggling with, raising questions about how Texas, which has emphasized its sovereignty, will react to this outcome.

Comparing the two states, the issue isn't whether marijuana will disappear; it's about where it is managed.

California brings it into the market, managing it through licenses and taxes. However, the high tax rates allow the illegal market to survive, and the enforcement costs are again funded by taxes.

Texas manages it through criminal law and regulations. There are no tax revenues, but costs for police, prosecutors, and courts arise, while the hemp THC market that has entered through federal loopholes has grown in the gray area.

For those traveling between the two states, the practical difference can be summarized in one point.

Even if you have the same item, nothing happens in LA if it's within legal limits, but in Dallas, you could end up at the police station.

The moment you cross state lines, the legal nature of that item changes.

Policy failures often stem not from ideology but from execution details.

California's issue isn't legalization itself but the tax rate, while Texas's issue isn't the ban itself but the unpredictability stemming from executive orders and lawsuits.

I believe the best approach is to not intervene at all.