Gumballs Trump Don’t Knows
Gumballs Trump Don’t Knows – Hilary Bricken Esq. of Harris Bricken recently published “Top Seven Deadly “Don’t Knows” for California Cannabis Businesses”
1. Cannabis banking–when?. We’re all familiar with the cannabis banking epidemic. As a result of current federal laws, in certain states securing a bank account is nearly impossible (though in some states, banking is readily available because of the 2014 FinCEN guidelines).
2. Provisional licenses. There’s a sinister deadline looming for all temporary licensees. Namely, after December 31, 2018, no more temporary licenses will issue to any cannabis businesses. I
3. Local control. Before you can receive a state temporary license, you must first show the state that you have the local approval of your city or county to operate within their borders.
4. CBD. CBD derived from industrial hemp in California is nothing short of a complete enigma. Essentially, California is following the FDA lock-step on its treatment of hemp-CBD under federal laws.
5. Corporate versus cottage interests. The express intent of Prop. 64 was to hoist up and protect cottage interests in the cannabis industry.
6. DOJ and Jeff Sessions rescinded all DOJ marijuana guidance in January.
7. Enforcement of rule violations. Temporary cannabis licenses began issuing in California on January 1, 2018.
We are calling out Harris Bricken for having a really SHITTY blog policy where the DOESN’T publishes third-party comments…as they seem to view their own marketing efforts and an absolute “not invented here” BUNKER MENTALITY as more important than the informed discussion of an issue which is of critical import to the cannabis industry.
Our thoughts on critical areas of improvement and top pain points are summarized below. They were originally published in Cannabis – Gumballs Bad Combination. We believe that they represent an absolute priority of many of the items listed in Ms. Bricken’s article.
The creation and development of regulated, legal markets that are perceived as fair, having a reasonable cost without the complexity that so onerous that compliance is impossible [Our view is that California is well on its way to achieving that goal, though there are some significant corrections, notably with respect to compassionate medical use, compliance, and lab testing, and banking to be addressed.]
The development of a significant pool of licensed professionals, particularly attorneys, certified public accountants, enrolled agents [yep, that group that I poke at all the time is critical here assuming that they have the requisite thirty hours or accounting], and scientists [my term for the chemists, healthcare, and others with graduate-level degrees and professional licenses that are critical to demonstrating the integrity of the industry to the regulators.
Competent Skilled Workforce
The workforce that performs substantially all of the labor and services [distinct from Licensed Professionals] that provides skilled, semi-skilled and manual labor for the cannabis industry [akin the enlisted ranks in the military] are critical.
Industry Self-Governance, Guidelines, and Process
Our “PAIN POINTS”
- “Pay to Play“ – Financial costs, beyond association membership for platform speaking slots at trade shows and conferences.
- “Toxic Spew“ – The willingness by the website owners, community and forum managers overlook criminality, incompetence, and the ramblings of soothsayers and “tossers” [collectively “Toxic Spew“] merely because they provide financial recompense. If posted content falls within that definition, it is rubbish and should NOT be published for sake of filling space.
- “Whistleblowers“ and anyone else with the requisite expertise that identifies Toxic Spew must be protected, acknowledged and valued by the owners, sponsors, and managers for their role in bringing integrity to the industry. The banning, muzzling, shunning and castigation needs to end immediately, and any one individual or entity that engages in such practices scorned, sanctioned, subject to penalties that include reporting to regulatory authorities and law enforcement.
- Respect, Dignity and Safe Environment – Everyone is entitled to expect that their interactions with colleagues, agents, suppliers, and clients will be non-threatening and respectful [that doesn’t preclude spirited disagreement or even argument] on a reciprocal basis. A safe, healthy, and productive work environment is a right, and in many jurisdictions, the law. Everyone needs to commit to eliminating 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) is unacceptable and requires immediate, clear and consistent consequences.
We ENCOURAGE your comments and the healthy debate which should follow.
Gumballs Trump Don’t Knows