For years I have watched local governing bodies build marijuana programs with one major goal in mind: avoiding litigation. However, the irony is that nine times out ten, these same agencies get sued. Although we like to think hard work pays off, our country is fully immersed in “selfies” and the power of “likes,” which has an encouraged an era of entitlement. We give out participation trophies to everyone, but in the real world not everyone is a winner. This mentality has taken a toll on many facets of our society the cannabis industry included.
I have worked in the Marijuana Industry for eight years, and at the ripe age of 34, I have seen litigation run rampant. I have endured litigation myself and strongly advise against it, avoiding it at all costs. After all, my goal in life is not to be right; it is to be happy.
I’ve witnessed clients, colleagues, and competition consistently leverage litigation to get what they want – A Marijuana license. Instead of accepting there were other teams with a better plan, or that it just wasn’t their time, they sue.
They use the legal system to validate their plan and protect their ego. It’s easier for them to throw their money around and threaten litigation instead of reflecting on the process and acknowledging that someone else brought something better to the table.
Trust me, losing is a hard pill to swallow. I hate losing. Last time I lost, I didn’t want to work anymore or even get out of bed for that matter. But I got up and kept moving forward. I protect myself from losing by investing in preparation. I carefully craft a plan A, B, and C. After all, my clients are counting on me.
Nevertheless, hard work and preparation is sometimes not enough. Often the application scoring processes are unfair, political, subjective, rigged, and even wrong.
We as humans need to put better stops in play and create better influence systems to build a more successful and vibrant industry. This is my goal for this piece and my duty to the industry I love.
What does this mean for the future of Marijuana? Applicants, Governing Bodies, and Industry Participants, read on:
Applicants: Suing the Government only slows down access for patients, which the majority of applicants put as their motive for applying. Instead of lying, being lazy, or throwing a legal fit when you don’t get a participation trophy, get your head in the game in preparation for Phase 2 of the application cycle. Opening an ancillary business to support licensees is another option.
If applicants continue to sue, Governments may revert to a lottery system like in Arizona or a checklist system like Colorado. We don’t want to leave this multi-billion-dollar industry to random luck.
Many Arizona license applicants from last round should not have received them in the first place. Some won simply by selecting real estate that happened to have an unpublished patient count slightly higher than another applicant. Random luck with no real indicator that the winners would have the skills and financial wherewithal for success. In Colorado, the industry has many businesses failing like other industries, which doesn’t help our cause. If you are lucky enough to get a license, you better figure out how to run your facility. This means removing greed and a large pay check from your goals and focusing on patients and running your business. Simply put, you did NOT buy a cash machine, you won a license to operate a business.
Governing Bodies: Unfortunately, we live in a society that is litigious. While I’m not an attorney, nor do I provide legal advice, it seems reasonable to address these issues in applications. As AMERICANS it is our privilege to be entrepreneurs. Those who wish to apply should waive rights to sue.
How many times have people sued the government because other licensees have lied? If an applicant says they went to Harvard, require they submit their diploma. If an applicant says they have five million dollars allocated to the project, request they hold that money in escrow or a bank account for six months. If they claim the merit of another professional, simply request documentation of a legitimate contract or letter of intent in place. This does NOT require more work for the Government, it requires more work for the applicant. All you need to ask is that they tell the truth (which most do), but since that has not proven to be enough, make them prove it.
I welcome any government official to call me. I will provide up to five hours of complimentary consulting if they require assistance in putting together a marijuana application process. I want to offer these services since it has become crystal clear to me that something needs to change.
Contact: Info@DispensaryPermits.com, @DispensaryPrmts on Twitter, @SaraLGullickson on Instagram
