Buds, Boardrooms, and Bureaucracy: A Call For A Paradigm Shift In Cannabis Policy

Nicholas Patrick
Cannabis Explorations
7 min readFeb 20, 2024

By Nicholas Patrick

In the ever-evolving tale of the cannabis industry, a rich tapestry of characters and conflicts comes to life, almost as if ripped from the script of a stoner comedy. Yet, this story is grounded in a reality where the struggle for the soul of cannabis culture is palpable.

At one end of this spectrum are the legal professionals and MSOs (Multistate Operators), the modern-day oligarchs of cannabis. They're a far cry from the plant's countercultural roots, seemingly out of place in the cannabis narrative like accountants at a reggae festival. These are the ones you'll spot fussing over the 2018 Farm Bill and the free market it created for hemp. Their disdain for this development is palpable, as it disrupts their carefully curated monopolistic designs. They seem to embody the very essence of prohibition rhetoric, standing in stark contrast to the spirit of cannabis culture.

In a parallel universe, the hemp industry is already flourishing under a free market model, propelled by the same Farm Bill. Here, social equity isn't just a buzzword but a tangible reality, with innovation zooming ahead, unencumbered by the heavy chains of over-regulation that burden the marijuana sector. The contrast couldn't be more striking: while hemp revels in its newfound freedoms, cannabis remains shackled by the whims of a few.

These cannabis monopolists, easily identified by their resistance to the burgeoning freedom and open market dynamics of the hemp industry, appear almost comical in their attempts to hold back the tide of progress. They're the self-appointed gatekeepers, thumbing through rulebooks, looking for ways to tighten the noose of regulation. It's akin to someone enforcing a dress code at Woodstock – absurdly out of touch and ironically out of place.

On the other side of this divide are the grassroots advocates and entrepreneurs, the true champions of the cannabis movement. They dream of a day when cannabis is as accessible and normalized as any other crop, a stark contrast to the legislators, regulators, lawyers, lobbyists, and monopolists fixated on control and exclusivity. This group, with their authentic connection to the plant, embodies the vision of openness, accessibility, and a free-market approach that echoes the plant's grassroots legacy.

As the industry stands on the precipice of change, these characters – with their actions reminiscent of a poorly rolled blunt – unwittingly reveal themselves as anti-cannabis, out of sync with the true ethos of the movement. It's a clash of ideologies, where the future of cannabis culture hangs in the balance, teetering between the freedom of open markets and the constraints of corporate control.

In essence, this narrative isn't just about the legalization or decriminalization of cannabis; it's a call for a revolution akin to the craft beer movement. A call for total cannabis freedom, where safety, innovation, justice, and community are the cornerstones of the industry. This vision seeks not just the legalization of a plant but the emancipation of a culture, ensuring that the spirit of cannabis remains vibrant and true to its roots, even as it steps into a new era of openness and prosperity.

As the Biden administration and members of Congress urge the DEA to reevaluate cannabis’s legal status, we find ourselves at a crossroads that could redefine the future of cannabis in America. This push towards potentially rescheduling or de-scheduling cannabis represents a seismic shift in drug policy, signaling a move towards a more rational and humane approach to cannabis regulation. This seems like a good thing…

However, beneath the surface of these proposed changes lies a complex web of implications that could profoundly impact the cannabis industry and its pioneers. The monopolists, those with deep pockets and extensive influence, stand poised to shape federal cannabis policy to their advantage, potentially sidelining the very activists and entrepreneurs who laid the groundwork for legalization.

The danger of rescheduling cannabis to Schedule III under the Controlled Substances Act is particularly acute. While it may seem like progress, such a move could inadvertently pave the way for pharmaceutical companies to dominate the market. Schedule III classification restricts market entry to FDA-approved products, a barrier that most small-scale cannabis businesses cannot overcome. This could effectively exclude them from the industry they helped build, handing control over to companies with the resources to navigate the FDA approval process. The last thing we need is pharma to control cannabis. Let that idea marinate for a minute.

This scenario underscores the importance of crafting cannabis policy with careful consideration of its broader impacts. As we edge closer to national legalization or significant reform, it is imperative that the voices of the cannabis community are heard. Policies must be designed to preserve the diverse and vibrant culture of cannabis, ensuring that the pioneers of legalization are not pushed aside by corporate interests. The weed is for the people.

People who try to justify these limited license monopolies and oligopolies claim that this is just capitalism at work. This is not true. Cronyism is not capitalism. True capitalism, celebrated for its ability to foster innovation, growth, and prosperity, has not yet found its home within the cannabis industry. The principles of a free market, integral to the success of capitalism, are equally vital for the burgeoning cannabis sector. When applied to cannabis, these principles promise not just economic benefits but also a revolution in access, quality, and true social equity. This already exists in the hemp industry under their existing free market model.

The passage of the 2018 Farm Bill was the very first exercise in federal legalization, and it worked. The sky hasn’t fallen, instead a $28B industry has been created driven entirely by small and minority owned businesses. This can be achieved in the broader cannabis market if we simply standardized testing, packaging, labeling, and age gating, however the spirit of protectionism places roadblocks in the way of economic liberty to stifle growth and consolidate the market.

In a truly open cannabis market, the forces of supply and demand should ideally dictate production, prices, and the quality of goods and services. This environment would encourage entrepreneurs within the cannabis industry to innovate continually, leading to advancements in cultivation techniques, product development, and consumer experience. This is no more evident than in the hemp industry where targeted cannabinoid products are being created, exploring the countless minor cannabinoids produced by the plant and creating new and exciting options for consumers. Such innovation is essential not only for meeting consumer needs but also for pushing the boundaries of cannabis science and application. Simultaneously due to free and fair competition, prices for raw ingredients have fallen tremendously in the hemp industry leading to lower prices and better value for consumers. This is the American way.

Competition within a free-market cannabis industry would ensure that prices remain fair, providing consumers with better value. This competitive landscape compels businesses to improve their offerings continually, either by enhancing product quality or by adopting more efficient production methods, thereby keeping prices in check.

The potential of capitalism to drive progress in the cannabis industry is hindered by restrictive regulations, monopolistic practices, and barriers to entry. These limitations stifle the very essence of free-market capitalism, curtailing innovation, and keeping prices artificially high. $65 dollars an 1/8th is ridiculous, and everyone knows it. The concentration of market power in the hands of a few not only undermines competition but also restricts the diversity and accessibility of cannabis products.

Conversely, a genuinely free and open cannabis market embodies the principles of capitalism at its best. It fosters a fair and competitive environment that encourages innovation, leads to lower prices, and provides better value to consumers. Such a market ensures that the wealth generated from cannabis is distributed more equitably, offering opportunities for a wide array of participants, from small entrepreneurs to larger companies.

For the cannabis industry to thrive under capitalism, it is imperative to advocate for policies that ensure market openness and competitiveness. Removing unnecessary regulatory barriers, preventing monopolistic practices, and promoting a level playing field are crucial steps towards realizing the full potential of the cannabis market. By doing so, we can ensure that the cannabis industry remains vibrant, innovative, and accessible to all, embodying the true spirit of economic liberty and prosperity that America promises.

As we consider the path forward for the cannabis industry, it’s clear that the principles of capitalism, when applied within a truly free and open market, offer the best blueprint for success. This industry, like any other, thrives on innovation, competition, and the entrepreneurial spirit. By advocating for policies that break down monopolistic barriers, we can unlock the full potential of cannabis, fostering an environment where innovation flourishes, prices reflect true market value, and access is widened.

The challenge ahead is not just about changing laws but transforming mindsets. It’s about recognizing that the benefits of a free-market approach extend beyond the economic to touch on issues of social justice, equity, and personal freedom. As we move forward, let’s ensure that the cannabis industry serves as a model of how capitalism, at its best, can not only drive growth but also foster a fair, dynamic, and inclusive marketplace.

This journey towards a truly open cannabis market is more than a pursuit of economic gain; it’s a fight for the very values that define us. It’s a testament to our belief in the power of competition, the value of innovation, and the right of every individual to partake in the market. As we stand at this crossroads, let us choose the path that leads to a brighter, more prosperous future for the cannabis industry and all those it serves.

We can do better. We should do better… So, let’s do better.

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Nicholas Patrick
Cannabis Explorations

Founder of MHAA and Embrace CBD, Nicholas Patrick champions fair cannabis policies and inclusive industry growth in Maryland, advocating for small businesses.