HONESTY IS THE BEST POLICY

It is hard not to notice the current violence and mayhem swirling within our world and nation, not just in regards to the cannabis industry and legalization efforts, but the entire country, on a daily basis.

When it comes to law enforcement and to civilians, particularly civilians of color, there has always been mistrust, which causes a chasm to grow between the two groups. But there is one thing I have noticed over the years that upsets clients more than anything. This may seem small, but small things can make a big difference. During my practice in cannabis defense and cannabis business law, I have found that people become upset when they believe they are being deceived by law enforcement, or if they perceive that law enforcement isn’t being transparent or honest. My clients don’t like being found guilty but they realize there is the penalty for their actions. Clients don’t like jail either or paying fines. What they really object to is when they believe an officer is not telling the truth about them or their case. When clients believe the officer is lying about what happened or what the officer observed, that is what upsets clients the most. Most people accept consequences; they though recoil at dishonesty.

Isn’t this the basis of a larger problem going on now in our country? Many people do not believe officers when they shoot people of color. Fault is not always transparent or clear when a person of color is killed by law enforcement, and every situation is different. We have some civilian-made videos exposing what many have suspected for years that people of color may be killed by law enforcement when excessive force or death was not warranted. Do I have an answer? No. Is it because the officer was scared? Is it because the officer sees a person of color differently from a white person? I don’t know.

What I do know is that people of any color get upset and distrustful when they perceive law enforcement officers are lying about them and the facts in their case. The clients are angry, surprised, hurt, outraged and devastated when they report this to me. So I can see how people of color feel when they believe, or see, that they are targeted, cheated, lied about, murdered or simply unfairly treated.  “Disgust” grows, just as does “trust” can grow when tended to and fed. The question is: Which one do we want to cultivate?

Although the legal cannabis industry in its infancy, Colorado is considered to have one of the best regulatory frameworks in the country. Still, this does not make our state perfect. The whole reason cannabis was originally prohibited in the U.S. was because of a lack of proper information and lies spread by “reefer madness.” In the early 20th century, countless people of all colors were fined, injured, imprisoned and likely even killed because they tried to use or grow cannabis. Even when just considering the journey that cannabis has taken since the early days of prohibition, there is a long history of mistrust in law enforcement officers due to a lack of understanding, or lack of desire to understand at the time. While we can certainly say that things have improved since cannabis was originally banned, the system will always be imperfect when there is room for law enforcement to possibly lie for unknown or personal reasons.

Don’t get me wrong. There are, of course, officers who tell the truth. That though, is what we expect and rely on; law enforcement being the “good guys” and wearing the white hats. Start small. Don’t lie. Is it the culture in a police department? I don’t know. Maybe you might lose a case if you tell the truth and in the long run, you will win many more with less effort once it is clear you tell the truth regardless of whether it will get you a “win” or not in your case.