Is recreational marijuana formally forbidden in halacha? Rav Moshe Feinstein famously prohibited it outright (Igros Moshe YD 3:35) – it wrecks a person’s mind, his obligations to his family, and his Torah learning. Was that a formal issur, or guidance for its time? Does dina d’malchusa dina make it assur on its own where it’s illegal, and where a state legalized it, does that change anything? Is smoking it the same as edibles when the physical harm is so different? Is a doctor’s prescription for medical use a whole different din? And honestly, where does that leave alcohol? Drinking in moderation was never called assur – kiddush is wine, after all – so what actually separates a joint from a scotch: the substance, the legality, or just the damage?
Marijuana, alcohol, and dina d’malchusa – where’s the actual issur?
by moi613 | Aug 20, 2026 | Hashkafa | 2 comments
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Thank you Rabbi! The honesty point lands – if it’s hurting your marriage, work or learning, then regardless of the technical label it’s a problem. And the Choshen Mishpat framing of dina d’malchusa clarifies a lot.
Recreational marijuana is not inherently assur. Rav Moshe Feinstein prohibited the marijuana use he was addressing because of the effects he saw associated with it: impaired judgment, damage to the body and mind, interference with Torah and mitzvot, addiction, and neglect of family responsibilities (Igrot Moshe YD 3:35).
Those concerns are certainly real, but they are about what the drug does to the person. If someone uses marijuana moderately, responsibly, without harming his health or functioning, I do not see an inherent halachic distinction between that and moderate alcohol use.
Smoking adds the separate health concern of inhaling smoke. Edibles avoid that particular issue, although obviously a person still has to be responsible about dosage and impairment.
Medical marijuana is a different discussion entirely. If it is being used legitimately for treatment, it should be evaluated like other medications.
As for dina d’malchuta dina, I would not say that every secular prohibition automatically turns something into a halachic issur. That doctrine is primarily a Choshen Mishpat concept dealing with governmental, civil, property, and financial law. We certainly should function responsibly within society and obey meaningful laws, but a technical law that is barely enforced does not make the substance itself halachically forbidden.
The main point is honesty. If marijuana—or alcohol—is damaging your marriage, work, health, learning, davening, judgment, or ability to function, then whether the substance is technically assur is almost beside the point. For you, it is a problem.
Moderation matters more than the label on the bottle—or the joint.