As the debate about decriminalisation of cannabis moves forward, attention needs to be given to what happens next. It is important that cannabis be regulated, and that the laws surrounding the responsible adult use of cannabis be enforced as enthusiastically as the laws of prohibition were. Without this legal framework, the benefits to the community could not be realised, since anyone would be able to grow, buy and sell cannabis how and where they want. In order for cannabis to have the positive impact that we desire, the product must be controlled and regulated so that quality can be assured, users certified, and taxes and fees collected. So first, some basic rules about cannabis in the community.
Proposed rules
The first rule is the principle of responsible use. Cannabis is a drug, and should be regulated. It should not be used by children, by parolees, or by people who abuse it. It should not be used in public places, near schools and churches, or near government offices. It should not be used when driving or using heavy equipment. It should not be used by captains of the sea or pilots of the air. It should not be used at work.
The second rule is the principle of community benefit. The use of cannabis should bring with it some benefits to the community, such as increased revenue through taxes and fees. It should benefit law enforcement agencies by increasing the amount of time that officers can invest in solving the more dangerous crimes in the community like domestic violence, assault and murder. It should benefit the revenues of the community by replacing expensive prison time with beneficial community service and job training for people who transgress the new guidelines. And it should benefit those who transgress by providing job training for those who need it and by giving them the opportunity to give back to their own community through a community service programme.
‘A new industry’
The third rule is that of secure regulation. For all of this to work, a new industry needs to be created that grows, distributes and sells cannabis in a quality- and quantity-controlled environment. The cannabis industry in other jurisdictions is carefully controlled and should be no different here. Sterile and professional grow environments, accurate inventories and distribution networks, and professional dispensaries are the heart of the new cannabis economy. This network is serviced by quality assurance labs, security agencies, and sales professionals who appreciate that there are as many strains of cannabis as there are fine wines, and a similar level of knowledge is required.
Regulations
In the context of each of these three principles are regulations that must be followed. In respect to the first principle of responsible use, identification and licensing are required to ensure that users are allowed to use. Those who do not adhere to the new regulations are liable to a misdemeanour ticket and a fine, which must be paid before they can purchase again. An accumulation of tickets can have the license revoked, and anyone found to be in gross violation could be arrested and charged with a felony after gross and repeated misdemeanours. In respect to employment, any employer would be justified in immediate dismissal of any person found to be under the influence during the workday.
The second principle of community benefit is very important and perhaps the easiest to understand. Instead of prison time for heavy users or frequent offenders, they pay fines and do community service. There is no question that it makes good sense to keep an 18-year-old out of prison unless there is absolutely no other choice. Though an 18-year-old may be in many ways an adult, there are many people who make foolish youthful mistakes well into our 30s and beyond. Far better for those of us who are like this to receive some training and guidance, perhaps counselling from a pastor and a work apprenticeship programme — something to help us find the way up and forward. Imprisonment is the opposite of a community service, and prison is where the youth of today learn to be the hardened criminals of tomorrow. We need to keep our youth out of prison.
Taxing pot
The last principle of secure regulation is the most difficult to understand, but it is important because it is this principle that transforms cannabis from a hobby to a business. And businesses pay taxes.
The question of how to regulate the growth and distribution of cannabis has found a lot of different answers, and some are good and some are complete failures. There is software that is commonly available to help with this process, and computerised inventory control systems that can make it easy for the growers, sellers and government to all be on the same page in respect to cash flow and income. A simple point-of-sale system, like that used to run stores or supermarkets, would easily be able to keep up with changing inventories so long as the different products and packages had a barcode printed on them. A secure distribution network would ensure that only licensed sellers are supplied with the approved products. And licensing the users completes the circle of the three principles back to the idea of the responsible user and a system that provides a financial benefit for the community.
With all of these three principles firmly in hand, we can look next to the letter of the law that governs this framework, and put in place a system of checks, balances and enforcement to ensure that the will of the people is respected in matters of licensing, access and use. These legal guidelines will be addressed in a future presentation.