The Denver Post

U.S. attorney: Pot supply is flooding into black market

- By Gillian Flaccus Don Ryan, Associated Press file

The PORTLAND, black market for marijuana is thriving in Oregon and an oversupply of weed from growers is flowing to more than two dozen states where pot remains illegal, a top federal law enforcemen­t official said Friday.

U.S. attorney Billy Williams said the state has a “significan­t overproduc­tion” problem and that he would prioritize enforcemen­t of overproduc­tion, interstate traffickin­g, organized crime and cases involving underage pot use and environmen­tal damage from illicit pot farms.

The comments were included in a memo that outlines his plans for enforcing federal drug laws in a state with legalized marijuana. Williams is the first U.S. attorney to issue such guidance after Attorney General Jeff Sessions rescinded the Obama administra­tion’s guidance on pot-friendly states in January.

“As the primary law enforcemen­t official in Oregon, I will not make broad proclamati­ons of blanket immunity from prosecutio­n to those who violate federal law,” he wrote.

Sessions asked federal prosecutor­s to determine marijuana policies for their districts, prompting Williams to convene a summit in Portland earlier this year to discuss the state’s oversupply problem.

At the time, Williams also wrote an editorial that described a glut of marijuana making its way out of the state illegally and called for action by local and state leaders.

Those in the marijuana industry reacted with cautious optimism to the memo and said it didn’t seem to change federal marijuana policy in Oregon.

“I think that’s already what law enforcemen­t was focusing on, and we need to crack down on the illegal grows out there, which is not good for the legal market either,” said Brent Kenyon, who runs a consulting business that helps entreprene­urs set up pot businesses.

“I applaud him for not wasting any taxpayer dollars on trying to mess with the legal system as it’s set up.”

The state has nearly 1 million pounds of marijuana flower in inventory, a staggering amount for a state with a population of 4.1 million people. That doesn’t include 350,000 pounds of marijuana edibles, tinctures and concentrat­es.

The retail price for a gram of pot has fallen about 50 percent since 2015, from $14 to $7, according to a report by the Oregon Office of Economic Analysis. Legal growers and retailers alike have felt the sting.

The true amount of marijuana leaving the state is hard to pin down, said Beau Whitney, a senior economist at New Frontier Data, a national cannabis analytics firm.

The state has 21 million square feet of legal marijuana growing and a $1 billion market statewide, he said. Of that, about one-third — or about $300 million — is diverted to the illegal market within the state, but it is not clear how much is leaving Oregon, he added.

The amount being grown legally is “more than enough to handle all of the demand in Oregon.

And so, to me, it’s no wonder that there’s excess supply in the space. What people choose to do with it, it’s tough to estimate,” Whitney said.

“They’re saying, ‘If you’re exporting, then we’re going to come down on you.”

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