Posts Tagged ‘marijuana regulation’
The marijuana legalization debate has gained a whole new momentum ever since the economy took a dip. Cities, counties, and states are cash strapped, and see their budgets dwindled with every revenue report. This has obviously been horrible for the job market, but it has been a big factor in converting citizen’s and politician’s opinions towards marijuana legalization. I remember when it was just consumers and sympathizers that were calling for legalization. Now, even some staunch conservatives are looking into the idea. They don’t consume marijuana at all, but are all about taxing the S out of it. I hope it doesn’t result in marijuana being taxed to death before it gets off the ground, but hopefully we can win that battle after we win legalization.
A question that has been popping up on TWB lately is whether or not marijuana should be regulated like the tobacco industry, or the alcohol industry. I just posted an article this week about regulating marijuana like wine, which is a revolutionary idea, but I am still waiting to see how much traction it gets. Don’t get me wrong, I love the idea, but I’m just not sure about the logistics of the campaign strategy. More will obviously be known as 2012 approaches. But for the sake of this article, we will look at the alcohol industry, and the tobacco industry.
When most people think about marijuana legalization, they picture the regulations being like that of the tobacco industry. After all, you smoke both tobacco and marijuana, right? Just as someone goes to the local corner market to get a pack of cigs, they would be able to get a pack of Camel greens or Marlboro danks. I have long pointed out the difficulties of such a business model. For starters, marijuana is not like the tobacco plant. Tobacco can grow from the Carolinas to the Caribbean and for the most part, the quality will only variate slightly. A tobacco farmer would argue that there is distinct differences, but let’s get serious, it’s not nearly on the same level as marijuana cultivation.
Cultivating and selling marijuana on the same scale as tobacco is nearly impossible, unless it was grown entirely indoors by a large company, which is unrealistic. All of the football stadiums in the country couldn’t house the amount of marijuana plants that the market would require if it were legal and sold by a big tobacco company. It would have to be cultivated outside, year round, on a very large scale if it were done by just a handful of large companies. This is also unrealistic. Marijuana can vary from room to room inside of a house, let alone outdoors.
Outdoor marijuana plants that grow in the State of Jefferson (Southern Oregon, Northern California) are going to be starkly different than plants that are grown in Pennsylvania. For that matter, even outdoor grow ops in the State of Jefferson are not all created equal. It would be too hard, if not impossible, to market so many kinds of marijuana the same way as cigarettes. Right now you go into a store and there are just a handful of types of cigarettes. There are different brands, but the type of actual cigarette you can buy is fairly limited. Compare that with a dispensary, that has in some cases hundreds of strains. That’s a big reason why corporate America hasn’t harnessed the cannabis market; it’s just too hard to get a consistency that it would take to launch the industry on a huge scale.
And with all of that being said, would we really want those blood sucking bastards in charge of the marijuana industry? Look at what they have done to society with their research and development already. Can you imagine what they would do to marijuana to make it super addictive? It wouldn’t even be marijuana anymore; the product would be some Frankenstein herb that is meant to take your dollars instead of providing comfort, recreation, and relief. Marijuana is a cottage industry, and I really hope it stays that way forever. I love going to different areas and seeing what their stuff is like. If it was just bland budget weed sold across the nation, it would really make me sad.
I picture some slick talking tobacco executives sitting down with members of Congress. The executives explain that they can grow marijuana on an enormous scale, that it would all be under the close watch of the government, and that they can provide tax dollars out the wazoo. They give the politicians large sums of money in exchange for marijuana becoming legal. On the surface, marijuana consumers are stoked because the marijuana plant is finally free. They don’t care how it happened, they just know that they have been waiting for this for a long time. It will only be after they see what big tobacco has done to the beloved marijuana plant that they realize the whole thing was f’d since jump street.
The alcohol industry is a better representation of what I think marijuana regulations will look like after legalization. There will still be large companies trying to corner the industry, much like Budweiser and Coors do today. However, there will also be a large cottage community producing marijuana, like the micro brew industry. Large companies will produce massive quantities of low grade product, much like Coors and Budweiser do with their beer. But, people that actually like flavor and quality will go for the cottage industry products, much like people go for a micro brew. Instead of making regulations to cater to the top companies, regulations will be more flexible to accommodate the small businesses. There will be more wiggle room for entrepreneurs to enter into the market as a result, and consumers will benefit from the buffet of deliciousness that will result.
I think the big debate that people run into when they get into this conversation is not necessarily the regulation structure for large and small businesses, so much as the age requirement. If marijuana is regulated like tobacco, it would have an 18 or older age requirement. Of course, if marijuana is regulated like alcohol, it would have an age requirement of 21 or older. Again, marijuana is smoked, so people naturally gravitate toward the 18 year old requirement. However, marijuana is an intoxicating substance, so this has to be considered. Marijuana doesn’t impair a person nearly as much as alcohol (unless they are a total rookie), so I personally think that an ‘in-between’ age would be sufficient. Whether that is 19 or 20, I will let the policy makers decide. Somewhere there is a recently graduated high school student praying that it is 19 instead of 20 – my prayers are will you buddy! I remember what it was like to be too young before I got too old to be hip ha ha.
What do TWB readers think? I know there will be a bunch of you that say ‘it should have NO regulations!’ That would be great in a perfect world, but politics is an incremental game, and getting a grand slam straight out the gate might be asking for two much. We are going to have to give a little in order to get what we want in return. With that in mind, what is an appropriate age to start consuming marijuana legally? Would you prefer that large companies get into the movement in order to speed up legalization? Or do we want to keep those fascists out in order to keep things pure, even though it might take an extra election or two as a result? Do you want marijuana to be regulated more like tobacco, or alcohol, or something else, like grapes!? I look forward to the discussion.
by Emily Holden
Medical-marijuana dispensaries can’t yet operate in Arizona pending a judge’s ruling on Proposition 203. But that doesn’t necessarily keep cardholders from finding pot.
At least a handful of clubs that provide patients with medical marijuana have opened up in the Valley to fill that void.
Because the new state law allows most medical-marijuana cardholders to grow their own pot and share it with each other – as long as there are no dispensaries near – these clubs have developed as a go-between.
Joe Yuhas, a spokesman for the Arizona Medical Marijuana Association, which led the campaign for Prop. 203, said the law was meant to create a “regulated industry” of dispensaries. Instead, Yuhas said, the pot clubs are an unintended consequence of the state and federal dispute over whether Arizona’s new law conflicts with federal statutes banning marijuana.
“We’re going to see more and more developments like this,” Yuhas said.
The development of marijuana clubs has raised questions about their legality in two areas: the payment for the product and local zoning of the clubs.
The state Department of Health Services said it has “serious concerns about the legality of so-called cannabis clubs.” Health officials have asked the Attorney General’s Office to determine if the clubs are legal.
Maricopa County Attorney Bill Montgomery agreed the clubs are an “untested area” but said he will prosecute anyone trying to operate outside the narrow provisions of the law.
However, club owners said they’re operating legally.
In November, voters approved Prop. 203, which legalized medical-marijuana use for people with certain debilitating conditions. The law allowed patients – as long as they don’t live within 25 miles of a dispensary – and caregivers to grow marijuana.
The state was expected to issue up to 126 dispensary permits by August.
But U.S. Attorney Dennis Burke, following the lead of other federal prosecutors, warned prospective pot growers and sellers that they could be prosecuted under federal drug-trafficking laws.
In response to the warning, Gov. Jan Brewer and Arizona Attorney General Tom Horne filed a lawsuit in late May asking a federal judge to determine whether compliance with the law would leave state employees, dispensary owners and patients vulnerable to prosecution for violating federal drug statutes.
The ADHS then halted its dispensary-licensing process.
Meanwhile, the state has licensed 5,697 patients with medical-marijuana cards to grow their own.
The department also has approved 270 caregivers to grow marijuana for their patients.
Under the law, medical-marijuana patients can grow up to 12 plants of their own. Patients and caregivers can share it with other cardholders “if nothing of value is transferred in return.”
Patients can pay caregivers for the costs and materials they use to grow pot but not for their work.
Inside the clubs
Caregivers can grow up to 72 plants total for themselves and five others. Some have given excess marijuana to these new clubs.
Since the clubs aren’t regulated, there is no way to say for sure how many operate in the Valley.
But at least seven advertise and operate openly. Others are underground and recruit patients by word of mouth.
Owners of the 2811 Club in Phoenix have heavily promoted their club. Founder Al Sobol said hundreds of people have visited.
Tucked away in a shopping center off Bell Road, members of the 2811 Club lounge on plush-leather couches and gather around small coffee tables to read about strains of marijuana. Smoking is not allowed in the club.
In a back room, an instructor demonstrates how to make Italian salad dressing with pot. And, at a glass display counter, a volunteer hands out 3-gram samples of marijuana to cardholders.
The club scans the cards and verifies the patients’ identity with a thumb-print machine. An armed security guard stands by.
Sobol said that most members are older than 50 and that only a few are in their 20s. Members can consult with volunteers to find the best sample for insomnia or chronic pain.
Mike Miller said he spends his days at the 2811 Club so he can be around people who understand his health problems.
Miller, a diabetic, had to have a leg amputated five years ago after a wound in his foot never healed. He said he has been on painkillers and other medications since then. Miller said he hardly left his house until he got his medical-marijuana card and found the 2811 Club.
“I’m hoping that the only time I would ever need a pain pill again is aspirin,” Miller said.
Donating for pot
There is no set payment arrangement for the various clubs.
The 2811 Club charges members an initial application fee of $25 and a $75 entry fee each visit to attend classes and get a free sample.
The club offers marijuana through the Arizona Compassion Association, a co-op of patients and legal caregivers that has a display in the club. Sobol said the 2811 Club makes donations to the growers to help with expenses of growing marijuana.
Sobol said as long as patients aren’t directly paying for pot, the 2811 Club and the Arizona Compassion Association aren’t acting as dispensaries.
“We don’t sell marijuana here,” Sobol said, adding that clubs that do sell are “absolutely wrong” in their interpretation of Prop. 203.
Yoki A Má, another club in Mesa, has a similar payment arrangement, charging a $65 visit fee and giving members an eighth of an ounce of pot.
Club President Craig Scherf also said he is confident that his club is operating within the confines of the law.
But state and local authorities have not yet determined whether this arrangement constitutes transferring something of value.
Montgomery, the county attorney, said he hasn’t received any cases about medical-marijuana clubs, but he wouldn’t be surprised to get some soon. He said he can’t determine whether they’re all illegal because each case is unique.
“It sounds to me like someone is asking for something of value in order to participate,” Montgomery said. “The closer you get to asking someone to provide money to receive marijuana sounds like a salient violation of the statute.”
Ryan Hurley, an attorney who represents potential dispensary owners for Rose Law Group, said he would advise the potential medical-marijuana dispensary owners he represents against opening clubs.
“At best, it’s a stretch under the law,” Hurley said. “I think it’s very, very risky.”
Aside from the legality of payment issues, there are also some questions about where medical-marijuana clubs can operate.
Because clubs aren’t dispensaries, zoning regulations don’t apply to them.
Ken Strobeck, executive director of the League of Arizona Cities and Towns, worked with localities earlier this year to set up dispensary-zoning laws. Strobeck said he hasn’t heard of anyone trying to zone a medical-marijuana club.
Scherf said he is trying to open a second Yoki A Má club in Tempe.
Tempe Planning Manager Lisa Collins said she isn’t sure how local law enforcement would react to a medical-marijuana club, but the club would not need special approval to open.
She said a club might need a sales-tax license to operate as a retail business, but it wouldn’t need one if it was only providing a service for a fee.
A club would need to get construction plans approved, but it probably wouldn’t need to disclose the nature of its business, she said.
Because clubs aren’t regulated like dispensaries, they’re easier to open and run.
Sobol said he initially meant for the 2811 Club to someday become a dispensary, but he has changed his mind, in part, because there are no zoning laws about clubs.
Still, Scherf said clubs are setting up far from residential areas, schools, churches and parks to avoid trouble. His club in Mesa is surrounded by industrial businesses.
Enforcing the laws
Because there’s so much ambiguity, Phoenix police said it’s still too premature to determine whether the clubs are operating legally.
Sgt. Steve Martos, a police spokesman, said his agency hasn’t made any arrests relating to medical-marijuana clubs.
“We are looking into whether or not they are covered by the new law,” Martos said.
Gilbert police have arrested several cardholders for possession but said those arrests involved other crimes.
Robbie Sherwood, spokesman for the U.S. Attorney’s Office for Arizona, recently reiterated his agency’s stance on medical marijuana: Nobody is safe from prosecution.
Article From The Arizona Republic