5 Ways Cannabis Retailers Can Combat Federal Interference

In January 2018, the cannabis industry was shaken. Attorney General Jeff Sessions moved to rescind the Cole Memo, the policy that had protected states’ right to regulate legal cannabis. The decision stirred concern across the country, as many states feared federal interference with established cannabis retailers.

At the time, many dispensaries and manufacturers grew worried. Nevertheless, several state officials pledged to protect the decision made by voters. Fortunately, there are practical ways cannabis retailers can guard against federal interference.

In this article, we suggest a few ways marijuana businesses can stay proactive against the threat of a federal crackdown. These steps remain useful guidance whenever federal and state cannabis policy is in flux. For the current federal stance on cannabis enforcement, consult the U.S. Department of Justice.

Seek Specialized Legal Aid

Marijuana dispensaries should definitely consider hiring a lawyer that specializes in cannabis related law. Keeping a legal professional on retainer may be pricey. Still, it is well worth it to protect your business in the event of federal interference.

Seeking specialized legal aid is a preemptive move. In fact, it could be your first line of defense in a legal battle. Moreover, a qualified cannabis lawyer can advise dispensaries on how to handle a raid by federal law enforcement.

Establish Raid Protocols

After speaking with a specialized cannabis lawyer, establish clear protocols for your dispensary staff. These should cover what to do in the event of a raid. Discussing these procedures in advance is crucial. As a result, employees learn how to react and how to protect themselves and the business.

Reminding budtenders to lock the POS system is a smart course of action and can be done relatively quickly. IndicaOnline is one of the few dispensary POS systems that comes equipped with an emergency exit button. Activating this button will lock the account, allowing only the system administrator the option to reactivate. This will be extremely useful in protecting all the digital data of the dispensary and the clientele.

Contact State Representatives

Hopefully, legislators on Capitol Hill will resolve this conflict between state and federal officials. Ideally, they will act before any legal action is taken against cannabis retailers. Dispensary owners can voice their concerns by contacting their state representatives.

It is important for Congress to understand the stakes. Cannabis retailers provide a service that voters approved, and that service deserves respect. Reach out to senators, governors, and representatives. Then encourage them to act on behalf of their constituency and the cannabis industry.  Many politicians in states with legal cannabis are already fighting back. However, they need reminding how important this issue is to marijuana-related businesses.

Support State Cannabis Organizations

Every state with legal medical or recreational marijuana has a non-profit cannabis organization. These groups were created to support and inform the industry. California’s CCIA continues to work with legislators and licensing authorities to create a successful and regulated marijuana industry.

They have issued the following statement in response to Jeff Sessions decision:

“CCIA is disappointed to learn of the backward approach that Attorney General Jeff Sessions has decided to pursue regarding cannabis policy in the US. This is a direct rebuttal to the 73% of voters that oppose federal interference with state cannabis laws, as well as President Trump’s campaign promise to not interfere with state cannabis programs.

Roughly 56% of voters in California voted for Proposition 64 (The Adult Use of Marijuana Act) in 2016. Advocates, Legislators, regulators, business owners and CCIA worked tirelessly over the past year to help create a workable framework for the industry and to address the public safety and health of Californians.

Medical cannabis and adult use are legal under state law, and if the federal government decides to intervene with its very limited resources, they are destroying any chance we have at regulating and taxing the industry. In addition, this move would make it much more difficult to keep it away from children and will strengthen the illicit market.

We’re hopeful that U.S. Attorneys will respect President Trump’s campaign promise to not interfere with state cannabis programs. CCIA and National Cannabis Industry Association will continue to work diligently to advocate for a fully regulated cannabis industry.”

Therefore, now is the time to get involved. Owners, managers, and staff should stand with their state’s cannabis organization.

Maintain Cannabis Compliance

It is imperative for marijuana dispensaries to focus on cannabis compliance in the months ahead. In doing so, they prove to federal officials that the state’s regulatory system is effective. Several state officials have advised businesses to keep operating under the current legal framework. In addition, they are confident that a resolution can be reached.

Cannabis retailers have a real chance to prove their value. Specifically, they can show the federal government that they generate tax revenue and follow stringent regulations. Doing so will hopefully persuade federal official to reconsider their approach to state legalized marijuana.