Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, September 7, 2018

Elon Musk demonstrates how smoking marijuana and drinking whiskey still prompt different reactions

Elon Musk often generates a lot of media attention, especially from news outlets like CNBC.  But this CNBC article, headlined "Elon Musk smokes weed, sips whiskey on Joe Rogan's podcast," reports on the reasons he is making a lot of news today:

Billionaire Elon Musk took viewers by surprise late Thursday when he smoked marijuana and drank whiskey during a live interview. The Tesla chief executive was speaking with comedian Joe Rogan, an advocate of legalizing weed, on his live internet show when he was handed the joint....

"Is that a joint? Or is it a cigar?" Musk asked Rogan before being told it was a cigarette containing marijuana, which is legal in California, and tobacco. Asked whether he had tried it before, the entrepreneur said: "Yeah, I think I tried one once."

"You probably can't because of stockholders," Rogan said, to which Musk retorted: "I mean it's legal, right?"....

Musk insisted he was not on weed at the time during an extensive interview with The New York Times. The executive shocked investors when he said he was considering taking the firm off the stock market at $420-a-share — 420 being a popular code term for cannabis.

"It seemed like better karma at $420 than at $419," he told the Times. "But I was not on weed, to be clear. Weed is not helpful for productivity. There's a reason for the word 'stoned.' You just sit there like a stone on weed."

Traders are concerned the company may still need a capital injection to help with its cash burn problems. Tesla shares were down 1.2 percent Friday in premarket trade.

These subsequent CNBC stories suggest that Musk will continue to garner attention for his marijuana use (but not his whisky drinking):

Elon Musk may have violated Tesla's business conduct policy by smoking weed

Air Force is looking into Elon Musk's pot smoking: Source

Chris Talyor at is already troubled by where this is going, as evidence by this new Mashable piece headlined "OK, everybody: Stop pot-shaming Elon Musk"

https://lawprofessors.typepad.com/marijuana_law/2018/09/elon-musk-demonstrates-how-smoking-marijuana-and-drinking-whiskey-still-prompt-different-reactions.html

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