Big Cannabis vs. Small Grows

aine,
a state known best for its six-dollar lobsters and famed author Stephen King.
If you’re like most Americans, that’s probably all you know about the Pine Tree
State. But Maine may become a historical first for the cannabis movement. Right
now, there’s a citizen’s initiative at odds with a lobbyist initiative, and it could
change the face of legalization in the state.

In
one corner is David Boyer, the state’s political director for the Marijuana
Policy Project (MPP). Boyer currently holds two wins under his belt. In 2012,
he successfully campaigned for decriminalization in Portland. In 2014, he
scored again for decriminalization in South Portland. Boyer’s organization,
MPP, is no lightweight, either. The Washington D.C.-based organization was
responsible for Amendment 64 in Colorado and Measure 2 in Alaska. They
currently back a number of similar bills in other states, all of which may pass
by 2016.

In
the other corner is Paul T. McCarrier, a native Mainer who leads the
“homegrown” group Legalize Maine, which beat MPP to a draft
submission several weeks ago. And he’s gone toe-to-toe with heavyweights before.
Ironically, in 2012, McCarrier spearheaded an effort to block a recreational bill
introduced by Sen. Dianne Russell. Why would McCarrier block legalization?
Because, while Russell’s initiative may have been a “great bill,”
great wasn’t good enough for him. “It did not give power to the
people,” he said. “It gave preferential treatment to the
dispensaries.”

Legalize
Maine’s draft instead gives preference to the state’s caregivers—the home growers
and rural farmers. Agriculture once formed the backbone of the state’s economy,
and McCarrier aims to return that privilege to the state’s locals. Instead of
granting licensing power to a liquor board or health department, the Maine
Department of Agriculture would ultimately decide who grew for adult-use.

Alongside
defining cannabis as a crop rather than as a vice, Legalize Maine’s initiative preserves
the caregiver model over the dispensary model. 
McCarrier’s concern is that MPP’s bill could spell the end of Maine’s
much-loved medical system. Last year, Americans for Safe Access gave its
highest rating to Maine’s MMJ program. That’s no fluke, either: The state classifies
medical patients as a legally protected class, meaning qualified patients can’t
be fired for consuming THC. The state also guarantees a patient’s anonymity. Patients
aren’t required to register with the state. A medical card is completely
optional.

Regardless,
Boyer insists MPP’s bill would also protect medical patients. “Our
initiative will not touch the medical marijuana code in Maine,” he said.
“If you’re a caregiver in Maine, you can continue to be a caregiver in
Maine. We see the need for medical coexisting with adult-use.”

To
MPP’s credit, the organization proposed a medical subsidization program into
Washington, DC’s legalization bill, so low-income patients could afford the
best meds. However, fears of medical collectives and caregivers being squashed
by other so-called “Big Marijuana” lobbies aren’t terribly
far-fetched.

Colorado

In
February, Colorado’s Senate passed SB-14, increasing oversight on medical caregiver
grows.  Prior to SB-14, caregivers went
largely unregulated. Product didn’t require testing, which triggered anxiety in
an industry where regulations are king and safety is paramount. Public
perception, after all, is everything.

However,
SB-14’s supporters were only partially concerned about quality control. During
the senate hearing, lobbyists addressed black market cannabis as a consistent
problem plaguing the legalization movement.

Larisa
Bolivar, former co-owner of Colorado’s first dispensary and current CEO of the
Cannabis Consumers Coalition, attended the SB-14 hearing to defend caregivers. She
said ever-fluctuating regulations unnecessarily drove caregivers into debt, and
laws like SB 14 could legislate the system out of existence. But she added the
dispensary vs. caregiver conflict wasn’t really the issue.

“It’s
the fact that marijuana is still illegal federally and in surrounding
states,” she said. “As long as there’s prohibition, there’s always
incentive for a black market. It’s behavioral economics; it’s very
simple.”

Washington

Washington
State, the second state to legalize recreational use, is experiencing similar
growing pains. SB-5052, which passed through the legislature in March,
regulates the collective grow system much like Colorado’s SB-14.

And
just like Colorado, supporters of SB 5052 cited the black market and
contaminated meds as causes for concern. The bill’s original text eliminated medical
altogether, but after successful negotiations, the final version kept
collectives in place—for now.  

Jeremy
Kaufman, owner of Absolute Oils and co-founder of The Center for Palliative
Care in Washington, cautioned against business interests crafting laws against
their competition. “Money is money,” he said. “It’s hard for a
lot of small growers that are disenfranchised to lobby.”

Of
course, medical collectives/caregivers don’t have to be at odds with “Big
Marijuana.” This fight isn’t inevitable; it isn’t even necessary. Subsidizing
medical grows from cannabis taxes could compromise low-cost access with big
business profits.

“I
would love to see legislation that allows money from tourists to funnel
research to truly sick people,” Kaufman said. “That sounds like
utopia.”