Pubdate: Sun, 22 Nov 2015
Source: Ukiah Daily Journal, The (CA)
Copyright: 2015 The Ukiah Daily Journal
Contact: http://www.ukiahdailyjournal.com/feedback
Website: http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581
Author: Adam Randall

PANEL DISCUSSION FOCUSES ON TRANSPORTATION OF MEDICAL MARIJUANA

SACRAMENTO)) California State Board of Equalization District 2 Member 
Fiona Ma hosted a "Cannabis Transportation Stakeholder Discussion" 
Friday, focusing on the challenges facing the marijuana industry 
related to transportation, while also considering opportunities and 
recommendations for the state.

Ma was joined at the state capitol by BOE vice-chairman George Runner 
and representatives from the offices of Assembly members Rob Bonta 
and Reginald Byron Jones-Sawyer Sr., representatives from the 
California Highway Patrol, along with medical marijuana delivery 
services organizations and protection industries.

"This is a major issue," Ma said. "How do we get the product from the 
farms to the dispensaries?"

Despite recent medical marijuana legislation, Ma said there are no 
state regulations governing how medical marijuana is transported from 
where it's grown to where it's sold.

The lack of regulation means that most growers will find their own 
approach to transporting products to the point-of-sale location. As a 
result, Ma said there will be a lack of uniformity in the industry 
when it comes to who, and by what method, marijuana will be shipped.

Runner acknowledged that the state of California has "an issue" when 
it comes to medical marijuana, stating that before recent legislation 
there was a "Wild West mentality" within the state.

When Proposition 215 was passed in 1996, allowing for medical 
marijuana, the state didn't implement any legislative oversight.

"We need to figure out how to make this all work," he said.

Stephanie Burri, legislative director for Byron Jones Sawyer Sr., 
said the new regulatory process isn't perfect, but that it's a good 
start and a way to work through the complicated issue.

The Medical Marijuana Regulation and Safety Act, the new regulatory 
process Burri was referring to, was signed into law by the governor 
and will go into effect Jan. 1, 2016. The Act included three bills: 
Sen. Mike McGuire's Senate Bill 643, Assemblyman Jim Wood's Assembly 
Bill 243 and Bonta's AB 266.

Part of the package included a track-and-trace system for all medical 
marijuana products, implementation of which, Burri said, is still 
being determined, presumably so law enforcement agencies, locally and 
statewide, can access the same information on roadways when needed, she said.

Though with transportation, it can only be between two licensees, 
according to Max Mikalonis, senior legislative aide for Bonta.

"One core idea is that we want to have free-flow transportation 
between dispensaries," he said. "The default for delivery is to 
permit it unless local governments don't want it."

An-Chi Tsou, senior consultant for Bonta, said during the panel that 
there will likely be "cleanup language" pertaining to the new 
regulations. "Every bill of this size needs cleanup, and we expect 
additional bills," Tsou said.

She said during the upcoming legislative year, issues surrounding 
transportation and marijuana will likely be discussed  specifically 
Measure D in Los Angeles, which is said to have the largest consumer 
base for medical marijuana products in the state, and is still 
seeking local rules.

Other issues include: how to deal with delivery services not attached 
to a dispensary; transportation of live plants, which Tsou says is 
currently vague within the legislation; and how to work with 
sovereign lands, tribes that want to also get into the medical 
marijuana business.

Also during Friday's panel, two CHP officers spoke on challenges 
regarding marijuana and uniformity of laws.

Capt. Kevin Davis, commander of CHP's Research and Planning Section, 
said that prior to the passage of Proposition 215, possession of any 
marijuana was illegal, no exceptions. Recently, and before the new 
medical marijuana regulations, he said the interpretation of the laws 
can be somewhat murky depending on what part of the state you are in.

"We are very much in support of some uniformity in the state," Davis 
said. "We're excited about having a more reliable and consistent way."

He said when officers stop people in possession of marijuana, they 
have to investigate and determine what they are doing, and if they 
are supposed to have it or not, meaning should they be legitimately 
transporting marijuana.

If the officer doubts the validity of that reason, there is the 
possibility of that person being charged with marijuana possession for sale.

"In one county, a prosecutor may say that is a violation of the 
Health and Safety Code, and we are going to prosecute them for 
possession for sales, but another county may not choose to prosecute 
for bulk, commercial marijuana transports," said Capt. Rich Desmond, 
commander of CHP's legislative office.

Desmond said law enforcement throughout the state would like to be 
able to access one database for the track-and-trace system, so there 
can be confirmation that each transport of the product has valid 
licensing from a processor to a valid dispensary, and to also be able 
to see what route they are on, if a transport should have to be stopped.

"Credentialing of drivers would have to be part of this as well, that 
they are authorized to transport the marijuana," Desmond said. "From 
our department's perspective...we don't ever want to lose sight of 
our primary mission: being concerned about the impaired driver."

Ricky G. Bennett, vice president of operations and compliance for 
Blue Line Protection Group, an armed security, protection and 
site/structure investigation company out of Colorado, shared how 
transporting marijuana is approached in his state, as Colorado has 
legalized marijuana recreationally.

Bennett said transportation of marijuana brings concerns, because it 
is a high-risk model, as drivers are transporting large amounts of 
product at times and also large amounts of cash.

Thieves may be apt to target transporters, said Bennett, stealing the 
cash, and maybe selling the product in a different state that may 
place a higher value on marijuana.

A company like Blue Line provides armored car services with trained 
and armed employees to circumvent such incidents during transportation.

Colorado, for example, has specified time frames in which the product 
can be transported and delivered, according to Bennett.

He said the large amounts of traffic and the long distance in driving 
from one end of California to the other are topics that need to be 
part of the marijuana transportation discussion.

Ma estimates $1.3 billion of medical marijuana is grown within the 
state each year, acknowledging the majority of grows, legal and 
illegal, takes place in rural Northern California counties.

"It's clear we need a road map to regulation for transporting 
medicinal cannabis," Ma said. "We need standards on who can transport 
cannabis, how cannabis can be transported, and even commonsense rules 
for employees like ensuring drivers aren't impaired behind the wheel. 
This is about protecting people first and foremost."
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MAP posted-by: Jay Bergstrom