Pubdate: Sun, 22 Nov 2015 Source: Ukiah Daily Journal, The (CA) Copyright: 2015 The Ukiah Daily Journal Contact: http://www.ukiahdailyjournal.com/feedback Website: http://www.ukiahdailyjournal.com/ Details: http://www.mapinc.org/media/581 Author: Adam Randall PANEL DISCUSSION FOCUSES ON TRANSPORTATION OF MEDICAL MARIJUANA SACRAMENTO)) California State Board of Equalization District 2 Member Fiona Ma hosted a "Cannabis Transportation Stakeholder Discussion" Friday, focusing on the challenges facing the marijuana industry related to transportation, while also considering opportunities and recommendations for the state. Ma was joined at the state capitol by BOE vice-chairman George Runner and representatives from the offices of Assembly members Rob Bonta and Reginald Byron Jones-Sawyer Sr., representatives from the California Highway Patrol, along with medical marijuana delivery services organizations and protection industries. "This is a major issue," Ma said. "How do we get the product from the farms to the dispensaries?" Despite recent medical marijuana legislation, Ma said there are no state regulations governing how medical marijuana is transported from where it's grown to where it's sold. The lack of regulation means that most growers will find their own approach to transporting products to the point-of-sale location. As a result, Ma said there will be a lack of uniformity in the industry when it comes to who, and by what method, marijuana will be shipped. Runner acknowledged that the state of California has "an issue" when it comes to medical marijuana, stating that before recent legislation there was a "Wild West mentality" within the state. When Proposition 215 was passed in 1996, allowing for medical marijuana, the state didn't implement any legislative oversight. "We need to figure out how to make this all work," he said. Stephanie Burri, legislative director for Byron Jones Sawyer Sr., said the new regulatory process isn't perfect, but that it's a good start and a way to work through the complicated issue. The Medical Marijuana Regulation and Safety Act, the new regulatory process Burri was referring to, was signed into law by the governor and will go into effect Jan. 1, 2016. The Act included three bills: Sen. Mike McGuire's Senate Bill 643, Assemblyman Jim Wood's Assembly Bill 243 and Bonta's AB 266. Part of the package included a track-and-trace system for all medical marijuana products, implementation of which, Burri said, is still being determined, presumably so law enforcement agencies, locally and statewide, can access the same information on roadways when needed, she said. Though with transportation, it can only be between two licensees, according to Max Mikalonis, senior legislative aide for Bonta. "One core idea is that we want to have free-flow transportation between dispensaries," he said. "The default for delivery is to permit it unless local governments don't want it." An-Chi Tsou, senior consultant for Bonta, said during the panel that there will likely be "cleanup language" pertaining to the new regulations. "Every bill of this size needs cleanup, and we expect additional bills," Tsou said. She said during the upcoming legislative year, issues surrounding transportation and marijuana will likely be discussed specifically Measure D in Los Angeles, which is said to have the largest consumer base for medical marijuana products in the state, and is still seeking local rules. Other issues include: how to deal with delivery services not attached to a dispensary; transportation of live plants, which Tsou says is currently vague within the legislation; and how to work with sovereign lands, tribes that want to also get into the medical marijuana business. Also during Friday's panel, two CHP officers spoke on challenges regarding marijuana and uniformity of laws. Capt. Kevin Davis, commander of CHP's Research and Planning Section, said that prior to the passage of Proposition 215, possession of any marijuana was illegal, no exceptions. Recently, and before the new medical marijuana regulations, he said the interpretation of the laws can be somewhat murky depending on what part of the state you are in. "We are very much in support of some uniformity in the state," Davis said. "We're excited about having a more reliable and consistent way." He said when officers stop people in possession of marijuana, they have to investigate and determine what they are doing, and if they are supposed to have it or not, meaning should they be legitimately transporting marijuana. If the officer doubts the validity of that reason, there is the possibility of that person being charged with marijuana possession for sale. "In one county, a prosecutor may say that is a violation of the Health and Safety Code, and we are going to prosecute them for possession for sales, but another county may not choose to prosecute for bulk, commercial marijuana transports," said Capt. Rich Desmond, commander of CHP's legislative office. Desmond said law enforcement throughout the state would like to be able to access one database for the track-and-trace system, so there can be confirmation that each transport of the product has valid licensing from a processor to a valid dispensary, and to also be able to see what route they are on, if a transport should have to be stopped. "Credentialing of drivers would have to be part of this as well, that they are authorized to transport the marijuana," Desmond said. "From our department's perspective...we don't ever want to lose sight of our primary mission: being concerned about the impaired driver." Ricky G. Bennett, vice president of operations and compliance for Blue Line Protection Group, an armed security, protection and site/structure investigation company out of Colorado, shared how transporting marijuana is approached in his state, as Colorado has legalized marijuana recreationally. Bennett said transportation of marijuana brings concerns, because it is a high-risk model, as drivers are transporting large amounts of product at times and also large amounts of cash. Thieves may be apt to target transporters, said Bennett, stealing the cash, and maybe selling the product in a different state that may place a higher value on marijuana. A company like Blue Line provides armored car services with trained and armed employees to circumvent such incidents during transportation. Colorado, for example, has specified time frames in which the product can be transported and delivered, according to Bennett. He said the large amounts of traffic and the long distance in driving from one end of California to the other are topics that need to be part of the marijuana transportation discussion. Ma estimates $1.3 billion of medical marijuana is grown within the state each year, acknowledging the majority of grows, legal and illegal, takes place in rural Northern California counties. "It's clear we need a road map to regulation for transporting medicinal cannabis," Ma said. "We need standards on who can transport cannabis, how cannabis can be transported, and even commonsense rules for employees like ensuring drivers aren't impaired behind the wheel. This is about protecting people first and foremost." - --- MAP posted-by: Jay Bergstrom