Business
Ghost Medical Dispensary Owners -How Oklahoma Attorneys Are Getting Caught Trying to Game the Marijuana Industry Rules
What is a ghost dispensary owner?
From January to today, three Oklahoma attorneys have been caught and are facing charges for allegedly getting involved in illegal cannabis licensing schemes. The scheme, generally termed Ghost working, involves the creation of registration of companies to obtain licenses.
The most recent attorney to get arrested, Mathew Stacy, is accused of registering about 300 limited liability businesses to obtain medical cannabis and manufacturing licensees easier. He has allegedly set up many of these illegal operations under Oklahoma’s medical cannabis program.
Earlier in June, Logan Jones and Eric Brown were similarly charged with falsifying business records, cultivation of illegal substances, and different counts of conspiracies. The Oklahoma Bureau of Narcotics (OBN) investigators revealed that they had interviewed four other attorneys working in the James-Brown law firm, and all four confessed that their names had been used to register for Oklahoma’s medical cannabis production licenses.
Mathew Stacy’s Case
The Oklahoma Bureau of Narcotics Public Information Officer, Woodward, gave a statement hours after the multi-grand jury indictment of Stacy. He revealed that in addition to being appointed to Republican Governor Kevin Stitt’s COVID-19 response team, Stacy is a lieutenant colonel in the Oklahoma National Guard. Stacy also gave about $3,000 to Governor Stitt’s reelection campaign.
According to Woodward, the OBM hasn’t gotten far with the ongoing inquiries and the rampant registration of countless businesses for medical cannabis licenses. “The Oklahoma Medical Marijuana Authority reports that there are 7,400 licensed growers in the state, but marijuana producers that may have received permits despite the in-state owner having no actual involvement with the business include well over 1,000, if not close to 2,000.
Nearly 25% of the farms in Oklahoma may be engaged in the same deceptive business operation,” according to Woodward.
In an interview with KOCO, a reputable news agency in Oklahoma, Woodward revealed on behalf of the agency that most lawyers and consultants involved in this ghost working charges often recruit non-residents to come and apply for these licenses— promising them 75% ownership. In comparison, the illegal businesses will come with their 25% work crew. These criminals produce the plants, move them to the point of sale, and also move the money. Woodward added that 75% of owners have no idea what’s going on on their farms.
According to the OBN, Oklahomans were enlisted to take on the role of “ghost owners” of the companies, signing ownership documents but being uninvolved in day-to-day management. The farms are often run by out-of-state persons. Investigators discovered “thousands of marijuana plants actively growing with dozens to hundreds of pounds of fully processed and packaged marijuana present on the raided premises.”
The agency revealed that Stacy is yet to admit his faults; instead, he has claimed on various occasions that the businesses he applied to register haven’t started operating. Woodward asserted that the illegal businesses wouldn’t have been able to secure a license if a legal team hadn’t come forward and offered bogus documents. The bogus owners might potentially be charged with felonies for their role in the scheme, according to Woodward.
The James-Brown Case
Both lawyers allegedly used their assistants’ names to apply for medical cannabis production permits. This name served as a cover for their non-resident clients to access the state’s cannabis program. According to cannabis regulations, only persons living within the state can access the state’s cannabis program.
The attorney in charge of this case, John O’Connor, revealed in June that the state is focused on getting rid of illegal operations hiding under the guise of authorized permits. He revealed that in a few months, the state would be rid of persons misusing its legal medical cannabis system.
In his defense, Brown’s lawyer asserted that the two were no longer partners while denying any wrongdoing. According to Ken Adair, Brown’s attorney, his actions and knowledge of what transpired are in no way similar to the state of mind or criminal intent needed to break the law. Meanwhile, a request asking Jones for comment received no response.
The agency showed that at least 400 cannabis farm operations in Oklahoma are listed as properties of several employees at the James-Brown firm, whereas the actual owners are out-of-state persons. Four staff members of the Jones-Brown legal company reportedly revealed during interviews with investigators from the Oklahoma Bureau of Narcotics that they had been utilized to submit applications for state-issued permits to produce medical marijuana.
According to affidavits submitted in Garvin County court, one legal assistant told investigators that she was paid $3,000 for each license she signed, with at least $1,000 going back to the law office, and that because she “met with clients so regularly.
More Investigations to Fish Out Illegal Cannabis Operations
The Oklahoma Bureau of Narcotics is looking into additional ‘ghost owner’ activities that might exist. Bureau Director Anderson also emphasized that they took 14 months on this one case and stated there are some they have been working on much longer.
A statewide raid this year that resulted in many arrests, the confiscation of 100,000 plants and 2,000 pounds of processed marijuana, and other charges, according to the bureau, was made possible by the OBN’s ability to devote more investigators to illegal pot operations in previous years. The Oklahoma Medical Marijuana Authority (OMMA), the state body in charge of licensing, is frequently unable to spot a phony license application, according to Anderson. Therefore the Oklahoma Bureau of Narcotics’ work is essential to detecting non-resident owners.
It is noteworthy that OMMA will be made a stand-alone agency by next month. This move has been finalized by the state’s lawmakers. Regarding licenses that falsely utilize an Oklahoman’s name, Anderson noted that although OMMA has drawn some criticism for it, it is not OMMA’s fault because everything (appears) in order when you inspect them.
Last Words
The government’s decision to make OMMA independent will help reduce the complexity of regulations and compliance. By doing this, the agency, in conjunction with the security agency and OBN, will be able to effectively regulate the businesses that the electorate has authorized as legitimate while minimizing the risks the black market presents to the welfare of Oklahomans.
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
-
Business1 year ago
Pot Odor Does Not Justify Probable Cause for Vehicle Searches, Minnesota Court Affirms
-
Business1 year ago
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
-
Business1 year ago
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
-
Business1 year ago
Washington State Pays Out $9.4 Million in Refunds Relating to Drug Convictions
-
Business1 year ago
Marijuana companies suing US attorney general in federal prohibition challenge
-
Business1 year ago
Legal Marijuana Handed A Nothing Burger From NY State
-
Business1 year ago
Can Cannabis Help Seasonal Depression
-
Blogs1 year ago
Cannabis Art Is Flourishing On Etsy