In Oregon, there is an excessive and unbalanced supply of marijuana, leaving tons of weed in fields. The sales price for legal marijuana has dropped due to oversupply. However, federal law prevents selling across state lines, creating sticky business problems. The podcast explores the challenges faced by marijuana farmers, the restrictions on businesses, and the legal barriers of selling marijuana across state lines. It also delves into a lawsuit against the state of Oregon, discussing the Commerce Clause and the hope for exporting Oregon marijuana.
The oversupply of marijuana in Oregon has caused a significant drop in prices, impacting the profitability of marijuana farmers who have had to reduce their production.
Federal regulations, which consider marijuana illegal, create numerous challenges for marijuana businesses, including limited access to support services, banking restrictions, and the inability to engage in interstate trade.
Deep dives
The Glut of Marijuana in Oregon
In Oregon, there is an oversupply of marijuana, with farmers growing 8.8 million pounds of weed this year, resulting in nearly a pound per person. However, the lack of buyers has caused the price to drop significantly, affecting marijuana farmers who have had to reduce their production. The inability to sell the excess weed outside of Oregon due to federal and state laws has created unique business problems, such as the inability to trademark products or access federal business support. Federal regulations also restrict banking services and prevent interstate trade. Matt Orchua, a former marijuana trafficker turned legal businessman, is now suing the state of Oregon, stating that restrictions on selling Oregon marijuana outside of the state violate the Commerce Clause in the US Constitution, which gives the federal government the power to regulate interstate commerce.
The Legal and Illegal Tension for Marijuana Businesses
The tension between federal law, which considers marijuana illegal, and state laws that have legalized it, creates challenges for marijuana businesses. Despite marijuana being legal in some states, federal regulations limit access to support services such as bankruptcy filing, obtaining business loans, utilizing federal trademarks, and hiring farm workers with federally granted visas. Additionally, banks are restricted from serving businesses dealing with marijuana due to federal regulations. The inability to sell marijuana across state lines further hampers businesses, as each state has laws limiting interstate trade of marijuana. However, legal challenges using the Commerce Clause in the US Constitution are being pursued to argue that these state restrictions on interstate trade are unconstitutional.
The Lawsuit to Change the Marijuana Trade Rules
Matt Orchua and lawyer Andrew DeWees have filed a lawsuit against the state of Oregon, arguing that laws preventing the sale of Oregon marijuana to other states violate the Commerce Clause. The goal of the lawsuit is to establish that states cannot restrict marijuana trade among themselves, as that falls under the purview of the federal government. If successful, this legal strategy may open up opportunities for interstate marijuana trade and alleviate the oversupply issue faced by Oregon. However, even if the lawsuit succeeds, additional legal challenges would be needed in other states to fully enable interstate marijuana trade.
In the state of Oregon, there is a glut of grass. A wealth of weed. A crisis of chronic.
And, jokes aside, it's a real problem for people who work in the cannabis industry like Matt Ochoa. Ochoa runs the Jefferson Packing House in Medford, Oregon, which provides marijuana growers with services like drying, trimming and packing their product. He has seen literal tons of usable weed being left in marijuana fields all over the state of Oregon. Because, Ochoa says, there aren't enough buyers.
There are just over four million people in Oregon, and so far this year, farmers have grown 8.8 million pounds of weed. Which means there's nearly a pound of dried, smokable weed for every single person in the state of Oregon. As a result, the sales price for legal marijuana in the last couple of years has plummeted.
Economics has a straightforward solution for Oregon's overabundance problem: trade! But, Oregon's marijuana can only be sold in Oregon. No one in any state can legally sell weed across state lines, because marijuana is still illegal under federal law. On today's episode, how a product that is simultaneously legal and illegal can create some... sticky business problems. Help support Planet Money and get bonus episodes by subscribing to Planet Money+ in Apple Podcasts or at plus.npr.org/planetmoney.