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by Jeff Dingle
Any business that deals with the public potentially has to deal with angry or upset people, and an encounter with such a person may lead to a use of force issue by an employee. While the cannabis industry is generally associated with peaceful and legal activities, there are certain situations where the use of force may become necessary to ensure the safety and security of individuals, products, and facilities.
By definition, “Use of Force” is “effort to compel compliance by an unwilling subject” – such as forcing someone to leave your premises or stopping someone from harming another person. Use of Force generally involves security personnel but can involve any employee.
While this might seem outside the realm of what is needed in Cannabis Industry training – it’s time to rethink this. From a business standpoint, knowledge of use of force guidelines is critical. An “excessive” use of force lawsuit can be expensive. Even if use of force is justified – the AMOUNT of force used can be an issue, as the George Floyd incident clearly shows.
There are two key decisions when use of force becomes an issue:
1. Should force be used; and
2. How much force should be used?
A large national security company has a “no use of force policy”, which is absurd. While you always want to avoid using force, sometimes it is unavoidable. Especially if your employees are acting in a security role, and even if they are not officially in a “security role”. Employees MUST understand when it is appropriate and NOT appropriate to use force.
Although 20 states have legalized the recreational use of marijuana, and 38 allow its medical use, it remains illegal under federal law. Because of that, big banks and credit card companies have long been reluctant to work with the industry, leaving the businesses heavily reliant on cash and making them vulnerable to robberies. Two recent cases show the necessity in understanding what is appropriate when using force.
In March 2022 a 29-year-old recreational cannabis store worker in Washington State was shot and killed during an armed robbery. He was employed as a sales associate, also known as a “budtender.” The incident happened around 10 p.m., when a car carrying two gunmen pulled up to the store. The store was brightly lit outside by several streetlights and spotlights. Four workers and four customers were in the store. Two unarmed guards were on duty; one was inside, and the other was outside helping a customer to their car. The employee was shot four times, and the robbers got away with $250.
In November 2022 in Oklahoma City, a person went into a dispensary with a weapon and was fatally shot by the Security Officer. In the same year a man wielding an ax was shot and killed by a security officer outside of a cannabis dispensary in Chicago on Labor Day. Police said the incident happened when a man got into a verbal altercation outside of a business with a 37-year-old man working security. The man ultimately began swinging an ax at the security officer before striking him in the leg. The man with the ax was taken to the hospital, where he was pronounced dead. The man working security was taken to a different hospital in good condition, authorities said.
A marijuana dispensary Security Officer who shot a would-be customer nine times — including eight times in his back in Vista, California in 2020 was convicted of murder and sentenced in April 2023 to 50 years to life in prison. The jury rejected the argument that he was acting in self-defense in the confrontation. A side note – the Security Officer was a parolee and felon barred from having a gun.
Use of Force is a tricky subject – any interaction can quickly escalate to a confrontation and can become physical. There is a great deal of information and training on the topic of Use of Force for the Police, but very little available for Security Officers and Private Investigators.
Its important to note that the justification for the use of force is not absolute and can vary based on legal frameworks, cultural norms, and the specific circumstances of each situation. The principles of proportionality, reasonableness, and avoiding unnecessary harm should guide the assessment of whether the use of force is justified in a given situation.
The Use of Force is very different for sworn Police Officers and non-sworn security officers. Generally speaking, Police Officers have options to use intermediate force – batons, tasers or OC spray (sometimes all three), while Security Officers generally have a firearm or nothing.
THE LACK OF INTERMEDIATE TOOLS DOES NOT JUSTIFY GOING STRAIGHT TO A FIREARM.
The cannabis industry operates within a complex legal framework, which includes strict regulations for security and safety. Many jurisdictions require cannabis businesses to maintain robust security measures to prevent unauthorized access, diversion, and illegal activities. Use of force training ensures that security personnel are aware of the legal boundaries and can respond appropriately to potential security breaches without violating the law.
Training yourself and others on your team on proper Use of Force can help to clarify what actions are appropriate and may reduce liability in case of an incident.
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