Despite cannabis legalization sweeping the country, a traditional market for the illicit plant has existed for thousands of years.
The cannabis plant originated in central Asia and has been traveling the world with humans ever since its discovery, being used for food, fiber, fuel, rituals and medicine. Cannabis was a legal commodity across the globe until prohibition in the early 1900’s. Suddenly all traditional market cannabis products were illegal, and the “black market” was born. With changes in attitudes and legalization of cannabis for medical and adult-use in most US states and many countries, the line between legal and traditional markets has become blurred.
These days, cannabis can be obtained from a variety of sources in a multitude of interesting forms. In many cases, the only difference in products is whether they were obtained legally or illegally. The legal, or commercial market, is defined by legislation as highly regulated and limited to cannabis products that are produced and procured in accordance with state and local laws governing cultivation, processing, dispensing, delivery and possession. The illegal or black market refers to cannabis products obtained by any other means.
As a Qualified Medical Provider or QMP, I have met with hundreds of medical cannabis patients. As a physician recommending medical cannabis, safety and efficacy are my most important concerns. However, it is impossible to ignore the fact that most patients have already been consuming cannabis, technically obtained from illegal sources and often for many years, without adverse side effects although a small number have had legal issues. As we have seen from the failed “War on Drugs,” it is exceedingly difficult to regulate human behavior for nonviolent crimes, particularly when people are just trying to feel better. In my opinion, more education is key so that patients are empowered to best manage their health and wellness.
Safety
An obvious advantage of the legal market is just that, being legal. Another advantage is safety. In most states, the legal market provides access to cannabis products that are tested, labeled and deemed safe for consumption through state-monitored dispensaries or pharmacies. The presence of mold, microbials, pesticides, heavy metals and residual solvents as well as cannabinoid and even terpene profiles are part of standard test protocols reported on a Certificate of Analysis (COA) for each batch of products.
The source of each product is traceable, so consumers can know where their cannabis came from, how it was grown and processed, and what the chemical contents are. For some people, this is an important factor in product selection, just like a wine connoisseur. In the illegal market, products are not guaranteed to have been tested and safety is uncertain. While some dealers may provide high quality products with COAs, many others offer products from dubious sources. There is always a possibility of fraudulent labeling, presence of contaminants and inaccurate information. The EVALI crisis of 2019 exposed the risks from inhalation of primarily black market vape cartridges containing dangerous additives which destroyed lung tissue and led to many deaths.
Selection
The array of cannabis products and devices now available is mind-boggling.
Most people are not even aware of how many options there are. Legal pharmacies offer a wide range of cannabis products – flower, vape cartridges, concentrates (resin, rosin, dabs, waxes, butane hash oil, FECO), tinctures, sprays, capsules, edibles, creams, salves, transdermal patches, suppositories – containing different percentages, milligrams and ratios of THC, CBD and other cannabinoids.
They are staffed by educated and compassionate pharmacists and agents to help guide your selections. In the illegal market, you may have a limited selection, and you get what you get because that’s what is available. In the legal market, involvement of large growers and processors can allow high quantities of product with similar characteristics to be produced. But, if product selection differs every time you make a purchase, then it may still be hard to find the right medicine.
One of the most interesting aspects of cannabis as medicine is that most any product has efficacy for the majority of patients, and it is more about finding the most optimal products.
Privacy, Convenience, Expense
Many people are comfortable obtaining cannabis from family, friends, or dealers in the illegal market. After all, this had been the only market for almost 100 years. Despite not having any regulation or oversight, no reported deaths from natural cannabis have ever been reported.
These consumers prefer the private interaction and ease of obtaining products, often at a lower cost. Others, especially those new to cannabis as medicine, are only interested in legal purchases and are willing to obtain their medication from a store as they would with any other medication.
In Utah, pharmacies have opened across the state providing access within driving distance for most consumers. However, those familiar with the illegal market complain that the costs of products from the pharmacies are too expensive. In the legal market, licenses and taxes to grow, process and distribute can run into hundreds of thousands of dollars. Large scale warehouses have high overhead expenses for electricity, lights, equipment, and staff, and these costs are transferred to the customers. In many legal states including California and Colorado, the black market still accounts for up to 80 percent of cannabis-related revenue.
The reality is that people now have more choices. The cost of doing business is typically much higher in the legal market and therefore the products are more expensive, but there is value added in knowing that the products are safe, tested and regulated, and are what the labels say they are. As a physician, it is important that my patients have access to and can afford the most appropriate products for their conditions.
Environmental and Social impact
In legal pharmacies, strict packaging requirements create a considerable amount of waste. Packaging must be sealable, tamper proof, child-resistant, and labeled. Products on the black market have no such requirements but may still have extra packaging if obtained from a legal market in another state. The environmental consequences of tons of non-recyclable waste are concerning.
In the legal market, high costs of operation often favor large corporation oversight. Employees are part of the local economy, but decisions are made by corporate management and shareholders. Many small business owners are forced to operate in the illegal market, whether as small artisanal growers and processors, or as traditional dealers. State regulations can help by supporting both large and small business ventures with tiered licensing fees and providing economic support for minority owned businesses.
Summary
Pharmacy:
Advantages: legal, safety, variety, consistency, quality, order on-line and delivery, support local economy
Disadvantages: expensive, must disclose personal information, lots of packaging, typically limited to indoor-cultivated products
Black Market:
Advantages: cheaper, privacy, convenience, artisanal products, possible availability of outdoor-cultivated products, support small business operators
Disadvantages: Illegal, unregulated products, limited selection
*This article was written by Dr. Corey Anden. She is a QMP and owner of Human Nature Medical & Wellness located in Ogden.
