The California Cannabis Advocate - William J Britt
Cannabis.net recently spoke with William J. Britt, a cannabis expert with over 14 years of experience working in the legal system. He’s attended more than 500 court proceedings in Southern California, spent over 1,000 hours interviewing defendants and witnesses, and investigated over 500 individual cases more than 90 times in 7 counties. William is also the Founder/Director of the Association of Patient Advocates, based in Long Beach, California.
Thank you William for sharing your insight and expertise with our readers!
1. In your over 15 years as a cannabis expert working with attorneys, what are the most common cannabis-related offenses you've seen that legalization has solved today, or has already solved?
Most of the cases I have worked on involve people who possess or transport cannabis plant material or grow numbers of cannabis plants that police say are “more than for persona use”. Police still are able to arrest anyone they believe to have “indications of sales” such as bulk amounts, multiple packages, pay/owe sheets etc., which is common for patients who associate in medical cannabis collectives.
I could tell you many horror stories of patients growing, possessing, or transporting larger amounts in order to help provide to other patients who were unable to grow, that were arrested and put through the criminal justice system regardless of a lack of criminal activity. This has been going on for 20 years and it took total legalization in the state to be passed before the arrests finally began to decline.
2. What are your thoughts on amnesty for cannabis-related cases; what has been done and what is being done to work on this issue?
As a result of 20 years of law enforcement, prosecutors and judges ignoring cannabis laws, and the will of the people of the state of California, thousands of non-criminals, who’s only offenses have been to try to confirm to a vague and undefined law, in order to ease their own or others suffering. These brave people who should be commended, but have been jailed, dragged through the court system and finally tagged as criminals with felony convictions. Fortunately for them, at least now they can have the convictions overturned and felony’s expunged.
3. What are the biggest issues that states with legalized cannabis laws have to deal with, police-wise?
While I say my caseload of criminal cannabis cases has decreased, it has not ended. Hopefully, when proper rules and regulations are in place (in Calif.), a lot of the confusion felt by providers, police and politicians will go away. If the regulations adopted are too strict and taxes to high, the black market will continue. People will continue to grow, transport and sell cannabis illegally, but it will only result in a misdemeanor charge if caught and convicted so police may be reluctant to make an arrest.
Right now, the fact that cannabis businesses do not have access to banking services makes it very difficult to determine if the businesses are operating properly and above board. Tax collection is and will become even more problematic when full legalization is implemented.
4. Trump's new healthcare bill will affect millions with pre-existing conditions. What rights do patients with pre-existing patients have to protect themselves legally? What advise can you offer them?
Become politically active, join groups that support patient’s rights, speak to politicians, doctors and healthcare professionals and educate yourself. There is power in numbers.
5. While there is a 50% reduction in police searches in states that legalize cannabis (http://www.huffingtonpost.com/entry/police-searches-plummet-in-states-that-legalize-weed_us_594e8d7ae4b02734df2aa9d5), the issue of racial disparity is still a concern. What are your thoughts on how this impacts ethnic minorities?
Ethnic minorities are arrested and convicted 5 to 9 times more often than people in the white community. I believe police have been using the smell of Marijuana as a way to avoid the 4th amendment of the Constitution, which allow us to be free from unreasonable searches. It’s a known fact that minorities are pulled over and searched more often than whites, so I’m glad to see that searches are decreasing. People should only be stopped if they are driving erratically or violating the law and searched only if there are true clear indications of the law being violated and not just on a whim or a sniff.
6. Drug-testing policies, especially in states that have legalized cannabis, is still a widely-debated topic especially in safety-sensitive jobs. Case in point; the firefighter who recently got fired because of his medical cannabis use (http://www.nj.com/healthfit/index.ssf/2016/07/nj_firefighter_and_medical_marijuana_patient_loses.html). Please share your thoughts on this and how both employers and medical cannabis patients can better work together on this issue. How can state laws and employers protect both parties more effectively?
Cannabis should not be held higher than opioid and other prescription drugs that may cause impairment, which are currently being used by a large percentage of the population. Large numbers of people live, drive and work under the influence of Rx drugs, yet the vast majority are able to function without harming society. I can understand some restrictions similar for alcohol and Rx drugs for pilots, bus drivers, operators of heavy machinery etc., but all other employees should be able to use cannabis the same as they use alcohol and Rx drugs, unless it impairs their ability to perform their work.
The firefighter was not fired for being under the influence on the job, being a bad fireman or not performing his duties, he was fired merely because he had cannabis metabolites in his system, which can stay there and cause a positive test many months after the last time he used it.
If someone causes an accident which results in damage or harm, that person could then be tested for drugs and face charges if he/she is found to be under the influence.
7. What are your thoughts on SB 162 which will restrict advertising on cannabis merchandise (https://legiscan.com/CA/bill/SB162/2017), as well as current laws on marketing cannabis products in states where it has been legalized?
We all (including children) have been exposed to ads for alcohol, including using dogs (remember Spuds the Budweiser mascot) or horses on a regular basis. I was happy when Joe Camel was removed from tobacco ads and I do believe that like alcohol and tobacco, there should be some restrictions on where, and what kind of cannabis ads should be allowed. I just don’t think regulations established for cannabis ads should be harsher than ads for tobacco or alcohol.
8. Trump's allies have recently formed the United States Cannabis Coalition, speaking out against the current administration's anti-legalization stance. Please share your thoughts on this issue.
While I’m not sure it will make much influence on the president, I do believe it is vital for people to join and support organizations that stand up for what we believe in. Groups like Americans for Safe Access, NORML, Marijuana Police Project, Drug Policy Alliance and many others who have been instrumental in establishing and implementing cannabis laws across the country. Without these organizations and the people who run/volunteer/donate, cannabis would still be an illegal weed.
9. What are your thoughts on physicians getting suspended for recommending cannabis? How can this issue be resolved?
WB - I’ve never heard of a physician losing their license merely for recommending cannabis. A very small number have been given suspensions because they were either not following established guidelines for good-faith examinations in the process of providing cannabis recommendations to patients, or they were performing some other illegal or unethical activity unrelated to making cannabis recommendations.
10. What are states doing to prevent the proliferation of the deadly synthetic cannabis (K2, Spice, etc) on the streets?
Make real cannabis and cannabis products legal and available to adults. During prohibition, many people died and even more were sickened from tainted booze and bathtub gin. Not one case of cannabis overdose death has ever been recorded. There have been numerous overdoses on cannabis, especially from novice users who eat cannabis infused products, but nobody has ever died from overdosing. This is why dosing guidelines, packaging regulations and standards for use need to be established as quickly as possible.
11. What are your thoughts on the recent news that cannabis is laced with fentanyl?
I find it hard to believe, experienced users would be able to tell immediately by the smell and the way it burns, and most cannabis users do not like heavy Rx drugs. When grown properly, cannabis has a very distinct set of flavors and tastes depending on the strain and what terpenes are present.
12. How can state governments and cannabis businesses work together better to ensure that only quality cannabis is being provided to consumers?
Create reasonable and effective rules and regulations for use, cultivation, manufacturing and distribution of cannabis. I would hope that the rules would resemble the current wine industry or vitamin and herbal supplement industry standards.
Local and State governments can and have been dragging their feet when it comes to proper regulations and licensing, and when they do create regs, for cannabis businesses, they tend to be so restrictive, it’s almost impossible to find a location and operate. Taxes can be so high that it creates an opening for black market distribution (like moonshine liquor). That is why it is so important for citizens to be involved in the policy making process. Never underestimate how much power a small group or even an individual can have to make major changes possible.
For now, the major change we need is in the banking system. Nothing can be truly finalized until the banking issues for cannabis producers, manufacturers, and distributors are resolved with the federal government. In order to prevail, it’s going to take a concerted effort by a large number of people in a large number of organizations, so please, go out get involved and make major changes. Thank you.
OTHER STORIES YOU MAY ENJOY..
BILL BRATTON IS WRONG ON CANNABIS, CLICK HERE.
OR..
