OR: Marijuana-Legal States Struggle With Black-Market Weed

Ron Strider

Well-Known Member
Well before Oregon legalized marijuana, its verdant, wet forests made it an ideal place for growing the drug, which often ended up being funneled out of the state for big money. Now, officials suspect pot grown legally in Oregon and other states is also being smuggled out, and the trafficking is putting America's multibillion-dollar marijuana industry at risk.

In response, pot-legal states are trying to clamp down on "diversion" even as U.S. Attorney General Jeff Sessions presses for enforcement of federal laws against marijuana.

Tracking legal weed from the fields and greenhouses where it's grown to the shops where it's sold under names like Blueberry Kush and Chernobyl is their so far main protective measure.

In Oregon, Gov. Kate Brown recently signed into law a requirement that state regulators track from seed to store all marijuana grown for sale in Oregon's legal market. So far, only recreational marijuana has been comprehensively tracked. Tina Kotek, speaker of the Oregon House, said lawmakers wanted to ensure "we're protecting the new industry that we're supporting here."

"There was a real recognition that things could be changing in D.C.," she said.

The Washington State Liquor and Cannabis Board says it's replacing its current tracking Nov. 1 with a "highly secure, reliable, scalable and flexible system."

California voters approved using a tracking system run by Lakeland, Florida-based Franwell for its recreational pot market. Sales become legal Jan. 1.

Franwell also tracks marijuana, using bar-code and radio frequency identification labels on packaging and plants, in Colorado, Oregon, Maryland, Alaska and Michigan.

"The tracking system is the most important tool a state has," said Michael Crabtree, who runs Denver-based Nationwide Compliance Specialists Inc., which helps tax collectors track elusive, cash-heavy industries like the marijuana business.

But the systems aren't fool-proof. They rely on the users' honesty, he said.

"We have seen numerous examples of people 'forgetting' to tag plants," Crabtree said. Colorado's tracking also doesn't apply to home-grown plants and many noncommercial marijuana caregivers.

In California, implementing a "fully operational, legal market" could take years, said state Sen. Mike McGuire, who represents the "Emerald Triangle" region that's estimated to produce 60 percent of America's marijuana. But he's confident tracking will help.

"In the first 24 months, we're going to have a good idea who is in the regulated market and who is in black market," McGuire said.

Oregon was the first state to decriminalize personal possession, in 1973. It legalized medical marijuana in 1998, and recreational use in 2014.

Before that, Anthony Taylor hid his large cannabis crop from aerial surveillance under a forest canopy east of Portland, and tended it when there was barely enough light to see.

"In those days, marijuana was REALLY illegal," said Taylor, now a licensed marijuana processor and lobbyist. "If you got caught growing the amounts we were growing, you were going to go to prison for a number of years."

Taylor believes it's easier to grow illegally now because authorities lack the resources to sniff out every operation. And growers who sell outside the state can earn thousands of dollars per pound, he said.

Still, it's hard to say if pot smuggling has gotten worse in Oregon, or how much of the marijuana leaving the state filters out from the legal side.

Chris Gibson, executive director of the federally funded Oregon-Idaho High Intensity Drug Trafficking Area program, said the distinction matters less than the fact that marijuana continues to leave Oregon on planes, trains and automobiles, and through the mail.

"None is supposed to leave, so it's an issue," Gibson told The Associated Press. "That should be a primary concern to state leadership."

On a recent morning, Billy Williams, the U.S. attorney in Oregon, sat at his desk in his office overlooking downtown Portland, a draft Oregon State Police report in front of him. Oregon produces between 132 tons (120 metric tons) and 900 tons (816 metric tons) more marijuana than what Oregonians can conceivably consume, the report said, using statistics from the legal industry and estimates of illicit grows. It identified Oregon as an "epicenter of cannabis production" and quoted an academic as saying three to five times the amount of pot that's consumed in Oregon leaves the state.

Sessions himself cited the report in a July 24 letter to Oregon's governor. In it, Sessions asked Brown to explain how Oregon would address the report's "serious findings."

Pete Gendron, a licensed marijuana grower who advised state regulators on compliance and enforcement, said the reports' numbers are guesswork, and furthermore are outdated because they don't take into account the marijuana now being sold in Oregon's legal recreational market.

A U.S. Justice Department task force recently said the Cole Memorandum , which restricts federal marijuana law enforcement in states where pot is legal, should be reevaluated to see if it should be changed.

The governors of Oregon, Colorado, Washington and Alaska – where both medical and recreational marijuana are legal – wrote to Sessions and Treasury Secretary Steve Mnuchin in April, warning altering the memorandum "would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states."

But less than a month later, Sessions wrote to congressional leaders criticizing the federal government's hands-off approach to medical marijuana, and citing a Colorado case in which a medical marijuana licensee shipped pot out of state.

In his letter, Sessions opposed an amendment by Oregon Democratic Rep. Earl Blumenauer and California Republican Rep. Dana Rohrabacher that prevents the Justice Department from interfering with states' medical marijuana. Congress is weighing renewing the amendment for the next fiscal year.

In a phone interview from Washington, Blumenauer said the attorney general is "out of step" with most members of Congress, who have become more supportive "of ending the failed prohibition on marijuana."

"Marijuana has left Oregon for decades," Blumenauer said. "What's different is that now we have better mechanisms to try to control it."

Taylor believes pot smuggling will continue because of the profit incentive, which will end only if the drug is legalized across America. U.S. Sen. Cory Booker, a New Jersey Democrat, introduced a bill in Congress on Aug. 1 to do just that.

Trimming_-_THC_Design.jpg


News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marijuana-legal states struggle with black-market weed
Author: ANDREW SELSKY
Contact: How to contact the Los Angeles Daily News
Photo Credit: THC Design
Website: Los Angeles Daily News: Breaking News, Sports, Entertainment
 
Well before Oregon legalized marijuana, its verdant, wet forests made it an ideal place for growing the drug, which often ended up being funneled out of the state for big money. Now, officials suspect pot grown legally in Oregon and other states is also being smuggled out, and the trafficking is putting America's multibillion-dollar marijuana industry at risk.

In response, pot-legal states are trying to clamp down on "diversion" even as U.S. Attorney General Jeff Sessions presses for enforcement of federal laws against marijuana.

Tracking legal weed from the fields and greenhouses where it's grown to the shops where it's sold under names like Blueberry Kush and Chernobyl is their so far main protective measure.

In Oregon, Gov. Kate Brown recently signed into law a requirement that state regulators track from seed to store all marijuana grown for sale in Oregon's legal market. So far, only recreational marijuana has been comprehensively tracked. Tina Kotek, speaker of the Oregon House, said lawmakers wanted to ensure "we're protecting the new industry that we're supporting here."

"There was a real recognition that things could be changing in D.C.," she said.

The Washington State Liquor and Cannabis Board says it's replacing its current tracking Nov. 1 with a "highly secure, reliable, scalable and flexible system."

California voters approved using a tracking system run by Lakeland, Florida-based Franwell for its recreational pot market. Sales become legal Jan. 1.

Franwell also tracks marijuana, using bar-code and radio frequency identification labels on packaging and plants, in Colorado, Oregon, Maryland, Alaska and Michigan.

"The tracking system is the most important tool a state has," said Michael Crabtree, who runs Denver-based Nationwide Compliance Specialists Inc., which helps tax collectors track elusive, cash-heavy industries like the marijuana business.

But the systems aren't fool-proof. They rely on the users' honesty, he said.

"We have seen numerous examples of people 'forgetting' to tag plants," Crabtree said. Colorado's tracking also doesn't apply to home-grown plants and many noncommercial marijuana caregivers.

In California, implementing a "fully operational, legal market" could take years, said state Sen. Mike McGuire, who represents the "Emerald Triangle" region that's estimated to produce 60 percent of America's marijuana. But he's confident tracking will help.

"In the first 24 months, we're going to have a good idea who is in the regulated market and who is in black market," McGuire said.

Oregon was the first state to decriminalize personal possession, in 1973. It legalized medical marijuana in 1998, and recreational use in 2014.

Before that, Anthony Taylor hid his large cannabis crop from aerial surveillance under a forest canopy east of Portland, and tended it when there was barely enough light to see.

"In those days, marijuana was REALLY illegal," said Taylor, now a licensed marijuana processor and lobbyist. "If you got caught growing the amounts we were growing, you were going to go to prison for a number of years."

Taylor believes it's easier to grow illegally now because authorities lack the resources to sniff out every operation. And growers who sell outside the state can earn thousands of dollars per pound, he said.

Still, it's hard to say if pot smuggling has gotten worse in Oregon, or how much of the marijuana leaving the state filters out from the legal side.

Chris Gibson, executive director of the federally funded Oregon-Idaho High Intensity Drug Trafficking Area program, said the distinction matters less than the fact that marijuana continues to leave Oregon on planes, trains and automobiles, and through the mail.

"None is supposed to leave, so it's an issue," Gibson told The Associated Press. "That should be a primary concern to state leadership."

On a recent morning, Billy Williams, the U.S. attorney in Oregon, sat at his desk in his office overlooking downtown Portland, a draft Oregon State Police report in front of him. Oregon produces between 132 tons (120 metric tons) and 900 tons (816 metric tons) more marijuana than what Oregonians can conceivably consume, the report said, using statistics from the legal industry and estimates of illicit grows. It identified Oregon as an "epicenter of cannabis production" and quoted an academic as saying three to five times the amount of pot that's consumed in Oregon leaves the state.

Sessions himself cited the report in a July 24 letter to Oregon's governor. In it, Sessions asked Brown to explain how Oregon would address the report's "serious findings."

Pete Gendron, a licensed marijuana grower who advised state regulators on compliance and enforcement, said the reports' numbers are guesswork, and furthermore are outdated because they don't take into account the marijuana now being sold in Oregon's legal recreational market.

A U.S. Justice Department task force recently said the Cole Memorandum , which restricts federal marijuana law enforcement in states where pot is legal, should be reevaluated to see if it should be changed.

The governors of Oregon, Colorado, Washington and Alaska – where both medical and recreational marijuana are legal – wrote to Sessions and Treasury Secretary Steve Mnuchin in April, warning altering the memorandum "would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states."

But less than a month later, Sessions wrote to congressional leaders criticizing the federal government's hands-off approach to medical marijuana, and citing a Colorado case in which a medical marijuana licensee shipped pot out of state.

In his letter, Sessions opposed an amendment by Oregon Democratic Rep. Earl Blumenauer and California Republican Rep. Dana Rohrabacher that prevents the Justice Department from interfering with states' medical marijuana. Congress is weighing renewing the amendment for the next fiscal year.

In a phone interview from Washington, Blumenauer said the attorney general is "out of step" with most members of Congress, who have become more supportive "of ending the failed prohibition on marijuana."

"Marijuana has left Oregon for decades," Blumenauer said. "What's different is that now we have better mechanisms to try to control it."

Taylor believes pot smuggling will continue because of the profit incentive, which will end only if the drug is legalized across America. U.S. Sen. Cory Booker, a New Jersey Democrat, introduced a bill in Congress on Aug. 1 to do just that.

Trimming_-_THC_Design.jpg


News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marijuana-legal states struggle with black-market weed
Author: ANDREW SELSKY
Contact: How to contact the Los Angeles Daily News
Photo Credit: THC Design
Website: Los Angeles Daily News: Breaking News, Sports, Entertainment
Thank you Mr Booker!
 
Legal states trying to keep it from getting out and illegal states praying that it does get out. REALLY, REALLY needs to be legal, then everyone would call it interstate commerce.
 
I have been operating a small absolutely legal cooperative in Cali. for over 5 years and will be applying for my county and state licenses in 2018. I grow organically without any pesticides or chemicals. My competition is the black market that uses chemical pesticides and chemical mold/mildew inhibitors and will not comply with any of the state or county regulations for operating legally in Cali..
If the regulations become too costly and cumbersome, the legal, in compliance, growers will be driven out of business.
 
The costs, in Oregon, of starting up a grow operation, a producing operation or a dispensary operation, along with prices paid are way too high. In Oregon this is why black market production seems to laugh at the efforts of those who are trying to do things in compliance. Black market is still cheaper to buy from and the only way to stop black market is to allow those following the law the ability to make the money they need to stay operating.
 
There's reasons that the market is still marginally underground:

1. Difficult laws that are hard to follow, harder still to understand regarding growing and selling cannabis. I have spoken with scores of folks who are trying to follow the letter of the law, finding it ridiculously impossible to grow their own cannabis unless they bypass the state. Things like: (example) needing to prove title and zoning laws on their property (or rental) where the grower is responsible for proving they can grow where they are;

2. Let's be clear: cannabis is being smuggled all over the place, because of the federal government at odds with medical refuges and casual users. We have a current administration that could care less what the general public wants, they have their own agenda, will push it, because they don't care what the needs of the public are. Worse still are the medical refuges who have to literally pack up their lives and family to move to states where cannabis is allowed, only to find themselves isolated and cut off from their loved ones. It puts an undue strain on the families, financially as well as psychologically. They can't go home, they are lucky if they can afford to visit, and some have terminally ill family members. It's criminal.

So they have to pack it all up, move to a state where they know NO ONE and at times are at high risk of loosing the family member who is needing medical cannabis. They want support and their family connections. Many are who have family living in legal states are either sending it to the non legal states or trying any means to keep their sanity in an insane situation. In the case of Dravet's Children we are talking about kids who are terminally ill, they have been sent home to die, because current medications don't work. The only other available option is either uprooting the whole family or finding someone to send them cannabis.

While "CBD only" or low THC under .03% is out in the market in 50 states, the problem is that there may not be enough THC to move the CBD into the body for pain control, or even seizure control and they may need more THC in general. So we make one okay and the other not, because we fear any form of a high. Not only insane, it is arcane. What we need to do is reschedule cannabis, a simple answer to the whole problem.
 
1. The illegal growers and shippers should be ashamed of themselves, by putting profit before principles, they are putting all of us abiding by state laws at risk. Maybe they want a return to the black market as the only option?

2. The prohibition in other states and at the federal level create the market in the illegal states while the lack of banking options at the federal level create an incentive for legal operators to make a quick profit.
 
Difficult laws yes, and changing often, confusing everyone. Oregon wants to do it right but at the expense of new businesses failing because they tried to comply with prior laws. It is frustrating.

In the county I live in the county commissioner decided to get some of that honey pot too, so each operation is charged $2,000 (or more) to get county approval, before state approval.

There is a tier system for growers at this point. Canopy size decides what you owe for your yearly license. Not so with processors, they need a tier system too because not everyone is making BHO extracted oils and other products that can rack up a profit easily. Some are making pain medications and lotions who can't possibly make huge sums of money but people need their products too. They can't afford such a high fee for their license. It's gotten personal with me because I am one of those pain lotion makers. Anyway, sorry to rant...
 
Irregardless of what you think of Trump, he did in fact say he was sorry he had hired Jeff Sessions. Sessions is a goofball if you listen to the guy in person. Kind of like a guy you just know only uses two squares of toilet paper per session (pun intended) and then goes on to use the tube in the middle too.

Pressure will tweak a man incredibly. As a Marine recruit in boot camp I witnessed highly unusual behavior in some humans so subjected to such pressure. Mostly bed wetting and such stufff but trust me that under pressure it gets bizarre and much worse than potty pants. Sessions' willingness to engage in bullying and intimidation are typical responses to unresolved stress.

He needs to go find a safe, quiet place, with lots of potties and nice people. Washington D.C. by my estimation does not fit that description in any way. I have been there...
 
In many cases the people in government writing the regulations controlling the cannabis industry have no clue about cannabis cultivation, harvesting, or marketing the product.
Take for example the trend for "whole plant" extraction. Many have found that extracting from the entire plant preserves ALL the beneficial compounds that are present and allows them to act in harmony. This is called The Entourage Effect.
Say a whole plant extraction company goes to a cultivator to purchase a whole plant that has just been harvested. According to California a "distributor" must first video himself/herself taking samples, send the samples via surface streets to a testing lab, wait for the results before the plant can be harvested, and then transport the plant to the whole plant extraction company.

Cannabis plants have a window of maturity. For example I harvest when less than about 2% of the trichomes have turned amber. The ratio of THC to CBD changes as the trichomes go through their various stages; first clear, then frosty, and finally amber in ever increasing percentages.

ANy delay or bottleneck in the sampling, transporting on the streets of the samples, testing backlogs, or transportation by the distributor can change the effectiveness of the Entourage effect.

California is basing its "distributor model" on the liquor industry and that is idiotic. A bottle of booze can sit on a shelf for months or years and be the same. Cannabis is a perishable commodity in some very important respects.
 
Cannabis is not a drug, it is a plant. Secondly, what do these state legislatures expect, with both heavy regulation and taxation, from seed to harvest? This is not a "black market" per se, but a parallel market, which is there to meet a demand at a much lower price, with equal quality or even better! This is merely the Free Market responding as it does with any other supply and demand.
 
Destroying the black market is easy; make it legal to grow, possess, and use. This will never happen because the capitalist system has pounced on cannabis as a money making opportunity. Our politicians are as bad as the smugglers! They just have the law on their side. Street prices are $400.00 per ounce in my area. Greedy bastards; the whole bunch.

Once I started to grow, I vowed I would not EVER sell a single gram! I give some away, I sell NONE!
 
Destroying the black market is easy; make it legal to grow, possess, and use. This will never happen because the capitalist system has pounced on cannabis as a money making opportunity. Our politicians are as bad as the smugglers! They just have the law on their side. Street prices are $400.00 per ounce in my area. Greedy bastards; the whole bunch.

Once I started to grow, I vowed I would not EVER sell a single gram! I give some away, I sell NONE!

As the saying goes, "the perfect is the enemy of the good." Your anti-Free Market screed painfully misses the point that it is not individuals looking to provide a good, and in the process, turn a buck, who are at the one's to be assailed with verbal pitchfork and torch. As I said in my previous terse post, the central issue is that of the several state legislatures, with their politicians looking to get in on the turf, that has generally raised the cost of doing business and, in turn, raised the cost of product. There are few things that the state can do, that the Free Market can do much better and cheaper, and any time the free market fails to deliver, it is often instructive to approach the problem of pricing and demand by looking at regulatory and tax burdens placed on said market. As with the cannabis industry, many are actually small-scale entrepreneurial, and as such, cannot hope to operate their business(es) without a considerable overhead. The big fish can absorb regulatory costs. but the little fish often get swallowed up, and for the consumer, that is not optimal. So, the "black Market" is, as I said earlier, a natural response to real and perceived scarcity (very high product costs can be a signal of such scarcity). Btw, "legalization" is what states now have, recreational and/or medical, and scarcity and high prices are present in these state cartels! I find it hard to believe, that in your legal(?) state that off-the-grid suppliers are charging more than what is being charged by state-licensed bud tenders, unless, of course , the price be a signal of quality? And what is greed, but self-interest? What, then, do you propose that the FM-individual suppliers-conform to, in providing you with the countless goods and services you take for granted, if not mutual self-interest? It seems to me a bit of sour grapes and rather cynical, to lambast others for risking capital, and in the process , making money and creating jobs!
 
"And what is greed, but self-interest?"

I stand by my comments. One man's screed in another man's vision. Sounds like you have a dog in this fight. If you want real 'free markets' you are in the wrong country. I want real freedom, to grow, possess, and use a weed that costs just pennies a gram to produce, but has now been seized upon as a capitalist instrument to produce high profits!

And if my gifting ever cuts into your profit... too bad...

PS... That 'trickle down shit' went out with Reagan!
 
The problem with government is that ANYTHING that is popular, needed or desired by a great number of people becomes a target by the government to make money on by collecting fees or taxes. In this process they also pass regulations in favor of those who have the ear of the regulators. This is true all over the third rock from the sun.

Like in California, the state, cities, and counties will all collect "fees". Someone at the state level must have friends that own armored car businesses because all money and cannabis MUST be moved by someone with a "transporter's license". Of course there are the distributors that will create another step between cultivators and anyone who purchases the cultivator's product. Some relative probably owns "bonded warehouses". All samples MUST be transported via "surface streets" by the distributor or a designated "transporter". When the distributor takes the sample he is required to videotape the samples being taken. I wonder if the video camera makers got this included.


Adult use in California is as close to what you want as anything. Anyone over 21 can grow six plants of their own for their own use. The problem with that is there are a lot of people that could not even grow a radish or don't have any place to grow anything.

Read my post "The case to remove cannabis from the drug schedules completely"
 
Read my post "The case to remove cannabis from the drug schedules completely"

I agree. We are in a place where 'the government' is not responsive to the people anymore. Re growing, they can learn...I did.
 
"And what is greed, but self-interest?"

I stand by my comments. One man's screed in another man's vision. Sounds like you have a dog in this fight. If you want real 'free markets' you are in the wrong country. I want real freedom, to grow, possess, and use a weed that costs just pennies a gram to produce, but has now been seized upon as a capitalist instrument to produce high profits!

And if my gifting ever cuts into your profit... too bad...

PS... That 'trickle down shit' went out with Reagan!

It seems to me that those very accusations you level my way, i.e., of "having a dog in the fight"-whatever that could possibly mean in real world terms, one can only guess-seem strongly suggested in your own screed or, if you prefer, "vision". There is a lot that can be discussed from what you communicate, but like the mosquito in a nudest colony, I really do not know where to start. But what seems clear, and stands in rather sharp contrast, is your confusing "Free Market", which, in theory and practice, is something that you and I take part in, daily, on multiple levels, and which is nothing more than those economic transactions in which the buyer gains something of value, as well as the party delivering on said service or good-both parties contractually and consensually entering same, and the oft-dispensed slur of "Capitalism", which, to my reckoning, seems so readily pounced on by those who show a cultivated ignorance on matters economic. I would submit, that I am not talking of a "chrony capitalism", or that of government cartels in the sale and distribution of cannabis, which, to whit, have been at the the very source of that which you bemoan. I would strongly agree, that greater individual freedom is often the antedote to less of it, to state a tautological fact. Namaste.
 
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