Should states set pot policy by its potency? Some say yes by Jennifer Peltz, The Associated Press Posted Apr 20, 2021 1:02 am EDT Last Updated Apr 20, 2021 at 1:14 am EDT The THC percentages of recreational marijana are visible on the product packaging sitting on a countertop, Monday, April 19, 2021, in Mamaroneck, N.Y. A debate about whether to set marijuana policy based on potency is spreading as more states legalize cannabis. Under a law signed last month, New York will tax recreational marijuana based on its amount of THC, the main intoxicating chemical in cannabis. (AP Photo/Julie Jacobson) NEW YORK — As marijuana legalization spreads across U.S. states, so does a debate over whether to set pot policy by potency.