Maine will have marijuana dispensaries, as indicated by a majority of the citizens choosing to vote this year. This concept is packaged and sold under the guise of providing a substance that will provide relief and enhance the quality of life of cancer and aid patients, well who will argue with that? If a dying person could find daily relieve from smoking a joint, who are we to interfere with that persons daily struggles? If drinking turpentine or some type of elixir containing cocaine or laudanum would provide comfort to the terminally ill, who are we to interfere? Historically mankind has always sought refuge in such remedies often times learning that they caused much more harm than good. There always seemed to be a social cost associated with the widely accepted use of such remedies. Marijuana, arguably, could be our modern day laudanum.
Advocates of complete legalization of marijuana will tell us that it is not addictive, not toxic, is safe, and does not have any lasting negative impacts upon society. There are drugs that are far more addictive and immediately harmful whether they are powerful opiate pain medications, heroin, or cocaine. There are some very alarming trends concerning marijuana usage, nationwide admission rates for people seeking treatment for marijuana addiction has risen 162 percent from 1992 to 2002. This poses a significant question, if marijuana is not addictive and not harmful then why is it that people have sought medical and psychological treatment for their use? The fact is that with the proliferation of legalized dispensaries we will see an increase in the consumption of this drug. The more of the drug that is available and acceptable to use in our communities will invariably increase the amount of people who will choose to consume this drug. The more of the drug that is available will at some point fall into the hands of our youth, this is not a scare tactic it is a real trend. The more of the drug that is consumed the more money making opportunities will exist for the growers and distributors which will involved, at some level, organized crime.
There is a nexus between marijuana distribution centers/dispensaries and organized crime. California is often cited as the leader in such dispensaries, and if looking at the California model that has come a quite a price. Drug Trafficking Organizations including outlaw motor cycle gangs and street gangs have been directly linked to and involved with such dispensaries in California. Why is that so? Marijuana is perhaps the most widely used drug in our country, thus making it the greatest money maker. Drug Trafficking Organizations have always had a large piece of this money making pie and it is foolhardy to assume that they would easily relinquish this steady flow of revenue. The production, transportation, and selling of marijuana involves large amounts of money and invariably those involved seek and use weapons to protect their investments, thus leading to violent crime. If you doubt such organizations are prevalent in our great State of Maine, simply look at some of the marijuana distribution cases that have been investigated along our northern border involving organized crime, weapons, and millions of dollars. With such an infrastructure in place, one that has thrived, how can the government come in and control and tax it? Such government oversights of “legitimate” marijuana sales will cost money, thus driving up the overall cost to consumers, and therefore making the “legitimate” marijuana more costly than the black market marijuana. This will not eradicate the illegal sale of marijuana, if anything this will provide an opportunity for organized crime to present an appearance of legitimacy while the drug is continued to be sold through legal and illegal means. Drug Trafficking Organizations do not just sell one type of illegal goods; they are involved in the whole gambit: money laundering, weapon distribution, marijuana, cocaine, heroin, diverted pharmaceuticals, prostitution, etc. The presence of organized crime will bring with it all of the goods and commodities that these organizations are involved in.
There are some lessons that can be learned from California’s experience, but first we have to examine what that state has seen. It has been reported that only 2 percent of people going the dispensaries were doing so because of Aids, Glaucoma, or Cancer; while 98 percent were going for muscle spasms, insomnia, anxiety, back/neck pain, post surgical pain, headache, etc. Investigations revealed that Drug Trafficking Organizations and Outlaw Motorcycle Gangs were involved in the growing operations that were providing marijuana to the dispensaries. Dispensary related crimes were under reported if reported at all for a variety of reasons including: fear of prosecution, this is a covert industry, and/or giving the industry a bad name due to negative media coverage. Dispensary employees and customers were victims of robberies, and dispensaries were targets due to have large amounts of cash and marijuana on hand. The homes of owners and employees were robbed effecting communities where they lived but not necessarily operated out of. Home invasions of growers took place due to the large amounts of marijuana and cash on hand, the fact that most were located in remote areas, and were potentially less protected than the dispensaries were. Los Angeles experienced a 200 percent increase in robberies; a 52 percent increase in burglaries; a 57 percent increase in aggravated assaults; and a 130 percent increase in burglaries to motor vehicles parked near dispensaries. Police reported that dispensaries were using armed gang members as security. Diversion or “secondary sales” of marijuana, legally obtained through dispensaries by customers, became a problem. Inventory and sales records in dispensaries were not accurately maintained and subsequent police investigations proved that certain dispensaries were merely a front for illegal drug sales (marijuana and other drugs). There virtually is no accounting for where the marijuana was coming from whether it was indoor or outdoor grow operations, and will poor/inadequate record keeping at the dispensaries there was very little safeguard against illicit sales.
It is probably apparent that I think we have opened Pandora’s Box with the passage of this new law, and my prediction is that our communities will be radically changed as a result. With that being said I have some suggestions that can navigate us through this ordeal minimizing the avenues of abuse.
Growers and transporters of marijuana should require strict licensing, including but not limited to owners and employees of such operations. They should be subjected to stringent criminal background checks. Felons should be prohibited from having any such license, and any misdemeanor convictions within the past ten years from date of application should preclude them from eligibility. Conviction of any crime should warrant the loss of such license. Licensees shall have their photograph and fingerprints on file, and shall be required to keep strict records on inventory, sales, delivery, transit, and operating expenses including profit. Such records shall be filed with the state on a quarterly basis and are subject to audit at any time, failure to comply should result in an immediate loss of license. All records shall be considered “public record” and made available to any citizen upon request. The safety and quality of the marijuana grown shall be governed by health and safety codes similar to the food that we consume from grocery stores. Periodically samples of the processed marijuana shall be tested for quality assurance at the cost of the grower. The processed marijuana should be specifically packaged and labeled identifying where it originated from, its weight and potency, and have a chain of custody (or bill of laden) for while it is in transit.
Owners and employees of marijuana dispensaries should be subjected to stringent criminal background checks. Felons should be prohibited from having any such license, and any misdemeanor convictions within the past ten years from date of application should preclude them from eligibility. Conviction of any crime should warrant the loss of such license. Licensees shall have their photograph and fingerprints on file, and shall be required to keep strict records on inventory, sales, and operating expenses including profit. Such records shall be filed with the state on a quarterly basis and are subject to audit at any time, failure to comply should result in an immediate loss of license. All records shall be considered “public record” and made available to any citizen upon request. Persons selling/distributing marijuana to customers with a prescription shall need proper state certification which should require the same level of education and experience needed to be a pharmacy technician. Dispensaries shall keep a data base of their customers which includes a copy of the physician prescription on file and such data base would be subject to inspection upon request by law enforcement. Marijuana dispensed shall be packaged in such a way that it is clearly identified where it came from, date it was dispensed, the weight, and to whom is entitled to be in possession. Dispensaries shall be required to have certain security precautions in place including panic alarms, security camera systems, safes to contain the marijuana, and drop boxes for cash. Dispensaries should not be allowed near school, day care facilities, or in residential zones.
Persons authorized to consume and possess marijuana for medical purposes shall be required to keep the unused portion of the drug in the labeled dispensed container.
This is the only way to truly ensure that this industry operates in a “transparent” manner, it makes it extremely difficult for the involvement of criminals and criminal enterprises, and provides checks and balances that ensures the safety and wellbeing of the growers, sellers, consumers, and the communities in which the dispensaries are operating in.
One can argue that this is extreme, and is cost prohibitive to potential businesses. To those wishing to get into this business, don’t worry there will be plenty of profits even after all of these expenses, you will get rich. To those simply not liking such oversight, take a look at how pharmacies such as Rite Aid, WalGreens, Wal Mart, etc. operate. They are subjected to even more stringent guidelines, they are able to turn a profit, and run a reputable business that does not negatively impact the surrounding community. Perhaps the simplest solution is to allow only licensed pharmacies to dispense medical marijuana.
We will have marijuana dispensaries; we must proceed thoughtfully and prudently. We must minimize the collateral damage that can be caused by such a phenomenon. Lastly, we must learn from the misfortunes of others – like California – and ensure that crime truly does not pay, especially at the expense of our safety and security.
