Pubdate: Thu, 06 Aug 2015
Source: North Coast Journal (Arcata, CA)
Column: The Week in Weed
Copyright: 2015 North Coast Journal
Contact:  http://www.northcoastjournal.com
Details: http://www.mapinc.org/media/2833
Author: Thadeus Greenson

THE WEEDS OF LAW

As Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana 
Policy's 90-plus page report continues to make the rounds, the rave 
reviews keep piling up.

For those who haven't been paying attention, the Gav spent months 
filling the commission with diverse stakeholders - including our own 
former Humboldt County District Attorney Paul Gallegos - and holding 
about a half dozen community forums and fact-gathering sessions 
throughout the state. The result is a massive report that outlines 
how a regulatory system for legalized marijuana could be designed and 
implemented in California.

Locals in the industry have been excitedly touting the report, and at 
first blush it's easy to see why. One of the report's stated goals is 
to "level the playing field for small- and mid-sized actors to enter 
the legal market," one of the key talking points local interest 
groups have been pushing for the last year or so, fearing 
legalization may come in a form that squeezes out Humboldt's small 
farmers. "The goal should be to prevent the growth of a large, 
corporate marijuana industry dominated by a small number of players, 
as we see with Big Tobacco or the alcohol industry," the report 
states, going on to recommend giving current "responsible" growers a 
path toward legitimacy.

Throw in the commission's recommendations to protect the youth, 
industry workers, local control, medical patients and recreational 
consumers, all while generating a bit of revenue, and what's not to 
like? But, while anyone with a basic understanding of the facts on 
the ground in marijuana country probably can't help but nod along 
when reading through the commission's 58 recommendations, someone 
with a firm understanding of public policy and market forces will 
quickly begin pitying whoever ultimately has to harvest legislation 
from the seeds the commission has sown.

For example, it's great to say the state should put a priority on 
restoring habitats decimated by illicit grows, institute a 
seed-to-sale regulatory tracking and labeling system, fund education 
and public health programs, and require product testing for molds, 
pesticides and contaminates. These are all good things. But how do 
you achieve these goals while protecting small farmers and stamping 
out the black market?

As growers have found in Washington State - where the price of legal 
recreational weed started at about $30 a gram, according to an 
article in Time - regulation is expensive. Those added costs will 
make it harder for small growers to make ends meet and to bring the 
retail price of legal weed down to a point where it undercuts the 
illicit market.

That's not to say Newsom's commission did badly. It's imperative to 
start any discussion about new legislation with a statement of goals. 
But when one descends into the weeds of making law, it's just as 
important to prioritize goals and take a cold, hard look at what's 
possible. That's where California's bold new post-legalization world 
will take shape, and here's hoping all those Garberville farmers who 
turned out to see the Gav back in May are just as engaged in that conversation.

Remember in June, when we brought you the story of some Santa Ana 
cops under investigation after a surveillance video showed them 
sampling marijuana edibles during a dispensary raid, with one giving 
his fellow boys in blue a hearty thumbs-up of approval? (Week in 
Weed, June 18.)

Well, their lawyers are now trying to stop the department from using 
the footage in an internal investigation, arguing that the officers 
believed they'd destroyed the dispensary's surveillance system during 
the raid and consequently had a "reasonable expectation" of privacy, 
according to a story in the Orange County Register. With that, we'll 
reefer you to our cover story.
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MAP posted-by: Jay Bergstrom