Cannabis Industry Meet 14th Amendment

Cannabis Industry Meet 14th Amendment

Cannabis Industry Meet 14th Amendment is an article about several ideas that are the penultimate priorities and Cannabis Industry Meet 14th Amendment guiding principles in our business and life. Let’s begin by sharing a true gem, an article entitled

“Legalizing Marijuana: A View from Among the Weeds”

which came to us courtesy of McGeorge Law School and Fastcase.com, a real alternative to Westlaw and LexisNexis that we encourage our followers to explore. A bit of background to the article –

The United States is on a fast-track to a new era in marijuana law. The prospect of a federal pathway to legalization opens a Pandora’s Box of issues for states like California. This Article focuses on Humboldt County in the Emerald Triangle, California’s prime marijuana growing area, and examines how the region might be impacted by state legalization. After a brief look into the development of the marijuana market in Humboldt County, this Article identifies some of the costs that have come with leaving the county outside the legal fold, including a failure to address poor working conditions for seasonal trimmers and an epidemic of sexual harassment that has only recently come to light.

The Article then explores some of the obstacles to bringing the county into the legal economy. Depending on how policymakers and marijuana producers respond to these issues, Humboldt County may become a boom-or-bust economy.

The Article then examines some of the benefits of bringing producers into the legal economy, including improved working conditions for the scores of individuals employed in the industry. Failing to bring the county into compliance with county and state cannabis regulations also threaten the goals of marijuana reformers.

The Article concludes with thoughts about how Humboldt County might fare in the new world of legal pot. Just as in the wine industry, the region’s best hope may lie in the move towards marijuana appellations, which will require entry into the legal market.

Cannabis Industry Meet 14th Amendment

Finally, before we share the article, we would like to share a couple more observations and acknowledge the 150th anniversary of the ratification of the 14th Amendment to our Constitution.

We fully concur with parts of the article and the observations of a substantial number of our clients and friends which help us by affirming that our expectations track the thoughts of the businesses that actually work in the industry. We were a bit taken aback by the observations in the article with respect to the prevalence of sexual abuse and human trafficking. The major groups that represent Cultivators in Humboldt County disputed and pushed back on those assertions.

While we need to be extremely careful in any implication with respect to an individual’s observation of that type of activity we do believe that the topic needs to be part of the conversation. We, as a firm have undertaken one small step to address the issue by adding the following provision to every single one of our Engagement Letters, Independent Contractor, Vendor and Supplier Contracts which states:

Relationships with Clients, Vendors, and Professionals
Our personnel are expected to treat their colleagues, agents, suppliers, and clients with respect and we expect the same in return. Providing a safe, healthy, and productive work environment is a priority. We will support efforts to eliminate any actions or circumstances that undermine such an environment. Unlawful discrimination, verbal or physical harassment or abuse, or offensive behavior (whether or not sexually related) by personnel, agents, or clients of aBIZinaBOX will not be tolerated and can be cause for the termination of any such relationship.

Our experience has been that by making that affirmative statement an integral part of our Engagement Letter and the core values of our practice we have substantially eliminated those types our issues from our direct work environment.

We would greatly appreciate members of this forum taking the time to both read [and hopefully enjoy the article] and then joining what we view as one of the defining discussions of our industry whether they are located in California, Colorado, the United States, Canada or on Mars.

Cannabis Industry Meet 14th Amendment

It also happens to be entirely fitting since we happen to be celebrating the 150th Anniversary of the adoption of the 14th Amendment to the US Constitution this month.

For our non-US friends that may not be familiar with the 14th Amendment, it was the amendment that through what we call the “incorporation doctrine” gave teeth to the promised freedoms provided for in our “Bill of Rights”. The flush language of the 14th Amendment is

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

You can also view the article here.

Cannabis Industry Meet 14th Amendment

California Cannabis Regulation – Ownership and Financial Interests

Author: abizcannabis

Managing Director & CEO of integrated transactional financial advisory, tax, and technology consulting firm - aBIZinaBOX Inc New York, Chicago, and OaklandCPA.CITP.CISM.CGEIT.CGMAExpertise with: Alt. Investments/Private Equity, Real Estate, Professional Services, CA Cannabis, Tech Start-Ups and Distressed Assets/DebtTechnology Certifications including:Advanced & High Complexity Cloud Integrator AICPA PCPS, CAQ,, IMTA, CITP ISACA CGEIT, CISMState CPA Societies in California, Florida, Illinois, New York and TexasExpertise with Regulatory Compliance - US - HIPAA, FINRA, SEC Rule 17(a)(3)/(4), eDiscovery, FINCEN - EU- EBA, ESMA, EIOPA UK - BoE, PRA, FCA