Cannabis Legalization Success in America Does Not Imply a Drug War Victory

For every pro-pot victory that occurs across America, there is another state or town continuing to suffer repression from the War on Drugs.

Earlier this month, Alaska, Oregon and Washington, D.C. were added to the list of places in the United States where recreational Cannabis is legal. However, the great divide between this newly-acquired freedom for some and continued enforcement of draconian prohibition tactics elsewhere has created a nation of pro-pot people that are no longer unified in their fight. The War on Drugs has all but ended for some, while others languish under the threat of lengthy prison terms, hefty fines and the loss of everything that they had worked towards and accomplished up to that point in life. On top of such confusion, those wishing to pursue a legal weed business are forced to invest large amounts of money and submit to a matrix of bureaucracy. This is not to say that the legal states - especially Washington and Colorado, where the policies have actually been implemented for long enough to see what is and is not working - are presenting perfect models to be emulated.

So, how did we reach this point? Is everything the fault of the government, or were we not thoroughly prepared? To all detractors, on either side of the weed argument, the real answer is that the situation is complicated. One of the main issues plaguing the legal marijuana industry in America is definitely the result of the conflict between state and federal laws, but the problem goes deeper than that.

We in the pro-pot movement are also fighting against decades of disinformation and stigmatization brought about by Cannabis prohibition. These days, the anti-weed brigade simply spout 'facts' that have been disproved, such as the gateway theory, or even those that have no basis in reality.

An added complication is that each state, and sometimes neighboring towns, have different wording in their particular laws, leading to widely varying policies in the same region of the country. Tax rates, for example, vary significantly among the legal states, as do the designated recipients of such revenue.

Finally, the fact that Cannabis is considered a drug, whether helpful, harmful or neutral, has even marijuana supporters declining to back, say, cultivation of the plant in their area, although they may not mind having local pot shops. Such cherry-picking and a 'not in my backyard' attitude can lead to delays in progress and unclear legislation.

Challenges Facing Medical Marijuana Dispensation

Even in the states where medical Cannabis is already legal, not everything has gone smoothly, nor has a standard been set that can be followed by those pursuing medicinal legalization. While possession restrictions do vary by region, state and even per city, the lack of a standard for dosage and administration methods is more concerning.

Not everyone gets to medicate in the same way; that is, smoking and vaporizing are allowed in some areas, but edible forms of pot medicine, known as 'medibles', are banned, while other parts of the country offer the freedom to choose between administration methods.

Minimum age guidelines and dispensation frequency of this controlled substance affect patients across the country; some families must move to other states to source their medicine or risk facing charges in their home states, especially if the Cannabis-related meds were purchased in another state.

Perhaps just as, if not even more, concerning is the lack of a standardized list of qualifying ailments. Over the past few years, for example, a debilitating seizure disorder known as Dravet Syndrome, which primarily affects children and causes hundreds of seizures per day, has been in the spotlight. Cannabidiol (CBD) oil has been found to help in decreasing the severity, duration and frequency of such seizures, yet not all pro-pot states allow children suffering from the disorder to medicate with this oil.

Issues Plaguing the Legalization of Recreational Cannabis in America

Just because weed has been legalized in Oregon, Alaska and Washington, D.C., it will be some time before adults can patronize Cannabis corner stores. The hurdles faced by Colorado and Washington - not to mention the vast differences in implementation and the relative success or failure of such - may not pose the same difficulties for the more recent converts to the legal side. It is essential that we learn from the mistakes of our predecessors, and that means a lot of time and energy need to be invested in the careful study of the policies, errors and triumphs of the two trailblazing states.

Although D.C., Alaska and Oregon are technically considered 'legal' states, nothing has really changed there - yet. While it is exciting to monitor live election results through various media, once the proverbial dust has settled, the tricky time period between legalization and implementation is only the second-most important major hurdle to be faced by the pro-pot movement. Before such success can be achieved, the proposed legislation must be carefully thought out and composed in clear yet legally-sound wording.

Marijuana and Driving
Although the cultivation, sale and purchase of recreational Cannabis is an essential first step in working out the wording of any new proposed bill or amendment, other concerns should receive equal attention. Once such issue is anything relating to marijuana and driving. Once a customer of legal age has purchased their pot, they do need to be able to get back home or continue going about their day. Concessions need to be made in order to facilitate such transport, in addition to considering the fact that consenting adults may prefer to travel to the home of another consenting adult so that they can enjoy the legally-purchased weed together. Thus, folks need to be able to drive to a friend's house with a baggie without fear or threat of breaking local laws. This is usually covered in a separate entry than the wording that would allow growers to transport their goods to pot shops.

Of course, Cannabis remains illegal under federal law, and some things should just be common sense, such as not driving while impaired. DUID (driving under the influence of drugs) and DUI/DWI charges must be considered, although common roadside tests currently only detect the presence of the drug's metabolites in a person's system, rather than quantifying impairment.

Just because weed is legal in some areas does not mean that those places have descended into free-for-all territory; caution and good judgment should be exercised in order to help propel the legalization movement, not to set it back ten or twenty years, or derail it entirely. Folks in legal areas have the responsibility to represent pro-pot people in a positive, normalized light; after all, mainstream use of Cannabis has been relatively high in recent decades, so the people taking advantage of the legal industry were likely already weed smokers, in addition to being otherwise law-abiding, productive members of society.

Cultivation, Transport, Packaging, Wholesale and Retail of Marijuana
Obviously, if people want to buy and smoke weed, the industry will require two basic things: weed to buy and somewhere from which to purchase it. Does growing weed for a living sound like a luxury way to earn income? Well, the reality is not so glamorous, and the only people investing small amounts of money are those expecting to reap only a modest profit. Anyone wishing to cultivate legal weed must adhere to certain guidelines and regulations, such as limits on plant numbers, whether or not indoor and outdoor cultivation is allowed, maximum amount of prepared product allowed on the premises and more. Adults in Colorado, for example, may grow up to six plants per person, with a maximum of twelve plants per household. Conversely, in Washington state, even though adults may purchase, possess and consume Cannabis, they may not grow any at home.

Growers in most states require some form of licensing and their permissions and restrictions need to be clearly denoted before the first license is ever issued. Typically, growers must have their final customer(s) in mind before the first seeds or clones are even planted, and their operation is highly controlled in terms of what is allowed to go where, how and when.

Even if a potential cultivator finds the perfect location, there is no guarantee that the rental process will be as simple as it usually is. Neighbors may not be so welcoming when they find out exactly what business is being conducted by the new tenants, potentially prompting calls to a previously-unaware landlord. A clued-in landlord may decline to rent to such tenants, due to their chosen profession. Some pot shops have even experienced this treatment.

Finally, in states where outdoor cultivation is permitted, and once plant limits and location are sorted out, growers must deal with thieves and/or uninformed neighbors who may circumvent notifying the landlord and proceed directly to calling the police. Even if you are operating within the confines of the law, no one wants the police to pay regular visits to their place of employment.

It should be noted that, in some parts of the country, the ability to sell weed does not equal legal rights to cultivation. Likewise, being legally allowed to grow weed does not equate to the ability to sell it. Unlicensed adults who possess the legal right to grow a limited number of plants, such as Coloradoans over the age of twenty-one, may not legally sell their homegrown to anyone else.

Once a grower manages to find a location and put in a successful crop, the issues of packaging and transport arise. Colorado, for example, requires informative package labeling and Washington state has experienced problems with the identification and dosage of edible Cannabis products - both serve as a lesson to those wishing to legalize weed. Packaging does not just inform consumers, however. It also serves as a protective layer between the (hopefully) hygienic grow room and the pot shop, then the customer. If a grower plans on taking the necessary steps to produce a clean product that is free from chemical nutrients, pesticides, mold and mildew and other contaminants, the packaging and transport of such a precious commodity should be of as much concern as cultivation method.

Transporting large quantities of weed from the grower to the retailer is another essential element of any pro-weed legislation. Otherwise, there is no way for a licensed, law-abiding grower to shift their product to the point of sale.

Legal Cannabis Retail is Not a Simple Business to Run
While it may seem like a dream job, owning a pot shop or even a medical dispensary involves an incredible amount of work, financial investment and bureaucracy. Potential retailers must follow slightly varying processes, depending upon which state they call home, but the ideas behind the policies are usually very similar. Those seeking licenses must occasionally make their petition public in some sanctioned way, followed by securing a premises and being subjected to detailed inspections. Licenses are often quite expensive and fulfilling the state-mandated requirements or prerequisites can cost upwards of hundreds of thousands of dollars. In addition, what seems to present the perfect location for a weed boutique may end up being too close to a school, playground or community center.

Once a location and license have been secured, other concerns require immediate attention and money, such as making the shop presentable and sourcing proper storage and handling equipment for the weed, directing customer flow, setting up the retail aspect of the business and finding reliable staff. Perhaps the most important - and often costly - aspects of starting up a Cannabis retail store is the security, from guards to burglary-proofing to cameras and fortified storage areas. Perhaps the most overlooked aspect of security is related to packaging, and that is the importance of strict bar coding and inventory. This allows business owners to track every single calyx that crosses through their shop.

Finally the other financial aspect - banks experiencing uncharted territory between federal banking guidelines and the urgent need for those in the industry to operate the monetary aspects of their businesses as legally and transparently as possible - is enough to convince many pot shop owners to give up entirely.