After just posting the spot-on story by USA Today, "Legal Pot, Murky Jobs: Marijuana Laws put Workers in Tough Spot," I began thinking just how unfair this all is. But, as well all know, life isn't fair. Go figure: Operating businesses that are considered legal in certain states, but still considered illegal by the federal government makes for some nail-biting and sleepless nights.
A recent vote by the U.S. House of Representatives to eliminate funding of DEA medical-marijuana raids in states where marijuana use has been legalized will go a long way in taking down risk barriers for businesses and investors, opening up the market for more significant growth. But as USA Today points out in its article, the stakes are still quite high for MJ employers and employees.
Whether growing, selling or transporting marijuana, or legally representing companies that engage in any of these activities, among other endeavors related to the business, the risks are ever-present, as long as the federal government still classifies marijuana as a Schedule 1 drug–the same classification as cocaine and heroine.
Obviously, legal counsel is essential for any MJ business, and making staff aware of the risks seems only fair. After all, potential hires may think: Well, it's been legalized in this state, so we're good to go! If only that were guaranteed to be the case.
As more states legalize recreational use of marijuana (with two states–Alaska and Oregon–voting on it this fall, and many more ballot initiatives in the pipeline), hopefully the risks will diminish relatively quickly.
Some measures have already begun to help calm the waters. As USA Today points out, "The federal government's actions are guided generally by what's known as the Cole Memo, issued in 2013 by Deputy U.S. Attorney General James Cole. The memo notes that while Congress has decreed that marijuana is a 'dangerous drug,' the federal Department of Justice has limited resources and would prioritize enforcement efforts away from states that have created frameworks for legal marijuana."
Another light at the end of the tunnel (in my opinion) is in the Schedule 1 drug classification. The DEA states, "Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence." The light? The phrase "No currently accepted medical use." Well, isn't it high time this classification changed? With 23 states and the District of Columbia legalizing medical marijuana, that surely seems to be sufficient evidence of "currently accepted medical use."
(And hey, as Time.com reported, "An arm of the National Institutes of Health dedicated to researching drug abuse and addiction 'intends' to solicit proposals from those who can 'harvest, process, analyze, store and distribute' cannabis, according to a listing posted Tuesday night on a federal government website." The government is at least looking into this … and we can anticipate positive results, based on what we know about MJ and its limited addictive qualities. (Side note: Check out an interesting piece by High Times writer Russ Belville on "What Is Marijuana Addiction?")
Let's get on this bandwagon to change the classification of marijuana–and start easing some of the strains put on marijuana businesses and users.
Change.org has an open petition to do just that. If you haven't signed it, time is ticking.
Until things change, though, we're going to be faced with legal land mines. Even fourth-estate outlets face hurdles and gray areas, where legal advice is going to be our lifeline.
