Pubdate: Tue, 18 Dec 2012 Source: Sierra Vista Herald (AZ) Copyright: 2012 Sierra Vista Herald Contact: http://www.svherald.com/ Details: http://www.mapinc.org/media/1379 CREATING A BLACK MARKET ECONOMY Watching the contortions that Arizona - and now the nation - are struggling to sort out on whether marijuana is legal or illegal is comparable to 8-year-olds playing Twister. Now comes a report from The Arizona Republic that banks and credit card companies are staying away from handling transactions at medical marijuana dispensaries, thereby creating cash-only economies for these businesses. Think for a moment of the dangers and criminal opportunities created by forcing a business to deal only in cash. Buying marijuana at a dispensary is comparable to the price of many medications now being purchased at your local pharmacy - it can easily cost several hundred dollars. Customers will be bringing cash to the counter. The burden on the business side is no less worrisome, the Republic article states, with owners constructing safehouse structures and relying on armed transport for the currency generated by the business. Paying employees, taxes and trying to convince the utility company that you will be a reliable cash account is significantly more difficult when banks and credit agencies will not handle your business. What has prompted this policy at our financial institutions? Fear of federal enforcement is driving the decision-makers, and who can blame them? The Republic obtained a statement from the Phoenix Wells Fargo bank which accurately reflects the danger all financial institutions face if they choose to work with dispensaries: "While marijuana legalization initiatives were recently approved in Colorado and Washington, and medical marijuana dispensaries are legal in some states, the sale and use of marijuana is illegal under federal law." Conservative Arizona has done well in delaying and obstructing the march toward the legalization of medical marijuana. At this writing, Maricopa County prosecutor Bill Montgomery is still pursuing this effort with a legal action asking the court to stop the opening of dispensaries. Cochise County has joined this discussion with the recent opening of Cathy's Compassion Center, the third dispensary in the state and the first with cultivation authority. A major effort to stop this law from taking effect was waged by Gov. Jan Brewer, who pursued a legal opinion on whether state employees would be liable under federal law for transactions with medical marijuana businesses. The effort ultimately failed, with the federal court telling Brewer to bring a court case, don't request an opinion. Clarification and clear direction on what the federal government is trying to accomplish in its handling of the issues surrounding marijuana is apparently not part of the feds' game plan. It's the right of the states to decide whether to embrace dispensaries, but businesses conducting interstate commerce rely on the authority of the federal government. Without clear direction on whether marijuana is legal or illegal, and the fear of repercussion resulting in the full force and authority of Uncle Sam, banks and credit card companies are playing it safe by staying away. Choosing to ignore the confusion created by this ongoing overlap of state rights and federal law will simply continue the expansion of costs that are ultimately paid by taxpayers through higher public safety and missed tax revenue opportunity. If not this situation with banks and credit companies, what issue will prompt the federal government to clarify its handling of marijuana? - --- MAP posted-by: Jo-D