With legalization of marijuana came regulations to protect against underage use and consumer deception. A marijuana licensee agrees to follow these regulations as a condition of the privilege of producing and selling the product.
The rules are not difficult to follow.
Yet Sea Change Cannabis and its owner, Greg Brotherton, seem to have a hard time with the rules. Nonetheless, Brotherton wants power and authority over other businesses and individuals to ensure they comply with laws and regulations, and to impose new regulations on their conduct and lives.
He is seeking election to represent District 3 on the Jefferson County Commission. In that position he would oversee land use and business regulations, law enforcement budgets and policy, and, by virtue of having a seat on the Public Health Board, budgets, staffing and policy to educate the public about the health risks of marijuana and teen prevention programs.
County Commissioners also have the power to require retailers to provide accurate and complete information on the health risks of marijuana…if they choose to exercise those powers.
There is no question Jefferson County already has a serious problem with teen use of marijuana, as we wrote in an earlier report [click here to read]. It was getting better before legalization then teen use climbed and has stayed high–higher in Jefferson County than our neighboring counties or the state as a whole.
We also previously reported how Brotherton is contributing to that problem with his efforts to spread the acceptance and encourage the use of marijuana, while also minimizing its serious health risks. He has written. produced and starred in a video series showing him getting high and buying black market marijuana. That is him at the top of this story. To read that report, just click here.
Brotherton’s candidacy is unprecedented. This is the first time that someone who earns their income primarily from selling marijuana has sought public office in Jefferson County. His candidacy may be a test case for future campaigns by others in the marijuana business and signal increasing control and influence by the pot industry in government. (Port Townsend City Councilor Michelle Sandoval’s husband and son are licensed marijuana growers. She was already in public office when her family became engaged in the pot business and her real estate companies appear to be her primary source of income).
Our visit to Brotheron’s business in the course of researching that earlier report alerted us to what appeared to be irregularities on a number of fronts. Information on the health risks of the marijuana sold by Brotherton’s store could not be located by the clerk on duty. That clerk also participated in trying to persuade this reporter that smoking marijuana improved breathing and insisted that marijuana had no health risks whatsoever.
Other irregularities we noted pertained to the signs and promotional materials for Brotherton’s Sea Change Cannabis.
We provided Mr. Brotherton with a detailed description of all the violations we think we found, with citations to specific state laws and regulations. He said he would not answer questions about potential violations. But he and his staff “take compliance seriously,” and “welcome the regulation and enforcement efforts of the Washington Liquor and Cannabis Board.”
Accordingly, we have forwarded our detailed list of potential violations to the Washington Liquor and Cannabis Board. The full complaint is reproduced at the end of this report, where the specific state law and regulatory citations may be found. What follows is a summary of the issues in the complaint.
Appealing to Youth and Illegal Signage
“A licensee may not take any action, directly or indirectly, to target youth in the advertising or promotion of marijuana products or take any action the primary purpose of which is to initiate the incidence of youth use of marijuana or marijuana products.” This prohibition is repeated several ways in state law, LCB regulations and LCB advisories.
Licensees are limited to two outdoor signs of specific size that can only be displayed upon their business property.
Brotherton seems to have ignored these rules. This is a photo of the sign over his 101 Center/Discovery Bay Village Store. It advertises cannabis off the premises of Sea Change Cannabis, the licensed retailer. These separate businesses are not licensed marijuana retailers and may not advertise marijuana.
Discovery Bay Store
The sign also appears to target youth. It advertises marijuana for sale on the same terms as an “all ages theater” and “groceries.” Marijuana retail establishments are not permitted to sell groceries or provide youth entertainment. Marijuana retail establishments may also not offer alcohol for sale.
Because this is not a permitted on-premises sign, Brotherton is required to include the following statement:
“This product has intoxicating effects and may be habit forming.Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. For use only by adults twenty-one and older. Keep out of the reach of children.”
He failed to do that.
The cannabis advertisement is almost directly above the all ages theater. That is explicitly prohibited.
Appealing to Youth via Online Promotional Material
Sea Change Cannabis published to YouTube and at its website a film series entitled, “Verde Noir.” As we previously reported, Brotherton wrote, produced and stars in the film, as actor and narrator. He is depicted getting high and negotiating what would be an illegal marijuana transaction—purchasing marijuana from unlicensed individuals—and going so far as counting out his money.
The Washington LCB strictly prohibits the use of movie or cartoonish characters as they are likely to appeal to kids. Brotherton’s film uses such characters is several places to make the production, use and regulation of marijuana lighthearted and silly.
The story line is also designed to appeal to youth. The film opens with a grown man happily recounting his adventures as a teenage grower who went into business with his mother and made a lot of money–illegally. There is a later scene of another man getting high in his car before going into his mother’s house to ask her for money to start a pot growing business. Marijuana smoking is portrayed throughout as a regular, normal daily activity, in all sorts of circumstances, without consequences or risks.
We contend the film series is explicitly designed to make marijuana use more acceptable to a broader audience, including youth.
Prohibited Therapeutic Claims
On its website and in its Verde Noir videos Sea Change Cannabis makes several claims about marijuana’s curative and therapeutic effects. Claims are made that marijuana use can treat fatigue, insomnia and seizure disorders caused by brain trauma. A woman identified as “Nurse Wendy” makes the claim that she witnessed immediate curative and therapeutic results from smoking marijuana.
“Nurse Wendy”
This is explicitly prohibited by regulation.
A Need for Strict Enforcement
Teen marijuana use in Washington has risen since legalization. Teen use in Jefferson County has risen above those higher statewide averages. It was dropping sharply until the advent of legalization, then climbed back up and above prior levels. With the black market all but gone, kids apparently are using the highly potent marijuana coming out of licensed retail shops.
Brotherton’s business states at the door that persons under 21 are not allowed on the premises. When we entered the store, which was crowded at the time, there was no one checking i.d.s.
UPDATE: We checked Brotherton’s violation history and his business has twice received notices related to the deficiencies we saw. In February 2017 Sea Change Cannabis received from the LCB an administrative violation notice for serving a minor and another for permitting a minor in a prohibited area.
Before publishing this report we examined the websites and visited the premises of several local marijuana retailers. We did not find anything to give us reason to contact the Washington LCB.
We cannot give you Brotherton’s explanation for what we have found. He has provided only a politician’s canned and evasive response.
We will let the proper authorities decide. The closest enforcement agent is in Tacoma. It is unknown how well the LCB monitors the marijuana industry here. We shall see.
The following is our complaint to the Washington Liquor and Cannabis Board.
The Complaint
The 101 Center Cannabis Sign Targets Youth and is Otherwise Illegal
The 101 Center is not a licensed marijuana retailer, yet it is advertising cannabis on its marquee. The 101 Center is owned and managed by Greg Brotherton, the same person who owns Sea Change Cannabis, a licensed marijuana retail business operating out of another building.
The center’s very large sign advertises “Groceries…Espresso…All Ages Theater…Taproom…Cannabis.” The 101 Center is in the nature of a small shopping center that offers a grocery store, espresso bar, beer bar and performance space, an all ages theater and a marijuana retailer set aside at some distance from the other buildings. The marijuana retailer is Sea Change Cannabis. Neither the 101 Center nor the Discovery Bay Village Store are licensed marijuana retailers.
The cannabis sign on the 101 Center/Discovery Bay Village Store violates Washington state law and regulations in several respects:
- It advertises cannabis on the property of a business that is not a licensed marijuana retailer.
- It attempts to make cannabis appealing and acceptable to children by including cannabis on a sign advertising an all ages theater and groceries. A licensee may not take any action, directly or indirectly, to target youth in the advertising or promotion of marijuana products or take any action the primary purpose of which is to initiate the incidence of youth use of marijuana or marijuana products. RCW 69.50.369(6)(A); WAC 314-55-155(1)(a)(iv)(A) & (B).
- It is a prohibited off-premises sign for the Sea Change Cannabis store that already has its maximum two on-premises signs. RCW 69.50.369(2); WAC 314-55-155(2)(a).
- Because it is not outdoor advertising permitted under subsection (2) of WAC 314-55-155(2)(f), it is required to include the following language, which the sign does not contain:
“This product has intoxicating effects and may be habit forming.”
“Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”
“For use only by adults twenty-one and older. Keep out of the reach of children.”
See WAC 314-55-155(2)(f)(6).
- It fails to state anywhere that marijuana products may be purchased or possessed only by persons twenty-one years of age or older. RCW 69.50.369; WAC 314-55-155(1)(c).
- The sign is erected almost directly overhead a recreation facility (all ages theater), not restricted to persons over the age of twenty-one. RCW 69.50.369(1); WAC 314-55-155(1)(b)(i).
- It is prohibited outdoor advertising on the premises of a shopping mall. WAC 314-55-155(2)(c).
Sea Change Cannabis Advertising Illegally Represents That The Use Of Marijuana Has Curative Or Therapeutic Effects
On its website, Sea Change Cannabis represents that marijuana has curative or therapeutic effets. On the “About” page Sea Change cannabis quotes “Molly,” identified as assistant manager, in stating, that she is “able to use cannabis recreationally and safely treat ourselves for minor medical issues like fatigue, insomnia, pain or nausea.”
;On its website Sea Change Cannabis has posted a movie written, produced and starring its owner, Greg Brotherton. In episode four of the movie, the curative and therapeutic benefits of marijuana use are explicitly represented through the statements of a man who says he has seizure disorders he successfully treats with marijuana and a “nurse Wendy” who says she saw the immediate therapeutic results of marijuana use. The film can be viewed at this website: http://www.seachangecanna.biz/verde-noir/
These actions violate WAC-314-55-155.2.c.
Sea Change Cannabis Has Published a YouTube Film Promoting Marijuana and Appealing to Youth
The Verde Noir film series is part of Sea Change Cannabis’ advertising and promotion of marijuana. It is promoted prominently at the business’ website and was uploaded without age restriction by Sea Change Cannabis to YouTube in four segments:
- “Last Days of the Black Market” https://www.youtube.com/watch?v=iX6YsOk6Km8&t=641s
- “The Heroes Journey” https://www.youtube.com/watch?v=e7RWLIqaXws
- “Finding the Money” https://www.youtube.com/watch?v=xi-Ezs-7tVM
- “Medical Blues” https://www.youtube.com/watch?v=H6YYy4kZxBc
The entire series is also linked off YouTube to the Sea Change Cannabis site and bypasses the pro forma self-enforced age restriction if one logs onto the Sea Change Cannabis site.
The videos were uploaded to YouTube by Sea Change Cannabis on January 31, 2017, at a time when Sea Change Cannabis was a licensed marijuana retailer. The logo on the YouTube post for “Sea Change” is the same logo on the Sea Change Cannabis outdoor business sign (see attached photos). The Sea Change Cannabis logo and a subscription button appears at the end of every segment that takes one to other marijuana films uploaded, without age restriction, by Sea Change Cannabis.
Episode 1 appeals directly to teenagers not only to use but to grow and sell marijuana illegally. It stars a man telling what is supposed to be a humorous story about his mother catching him with marijuana plants and destroying them, then entering into the business of illegally growing marijuana with her fourteen-year old son. (The Sea Change Cannabis website also includes the “testimony” of one of his employees about his marijuana use going back to his teenage years).
Throughout the film, movie and cartoonish characters are employed in a humorous manner to make the growing, production, use and marketing of marijuana lighthearted and silly. This violates WAC 314-55-155(1)(a)(iv)(A) & (B).
In episode 3, a man gets high in his car before entering his mother’s house to ask her for money to start a marijuana business. The smoking of marijuana is filmed in all of the segments, at all times of day, in a variety of circumstances and surroundings. Of course, smoking marijuana is made to look like a lot of fun.
No effort was made by Sea Change Cannabis to exclude underage viewers from viewing its films promoting marijuana use. Indeed, by putting them on YouTube, Sea Change Cannabis invited underage viewers and intentionally opened its film with a story resonating with underage viewers—a fourteen-year old boy illegally growing marijuana with his mother and having fun. Not a single word of discouragement to underage users is uttered throughout the film, nor is there stated or published any of the precautionary language required by Washington State Law on marijuana promotional materials. Under WAC 314-55-155(6) except for outdoor advertising, “all advertising must contain the following warnings that must be in type size at least ten percent of the largest type used in advertisement: (a) ‘This product has intoxicating effects and may be habit forming.”; (b) ‘Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.’: (c) ‘There may be health risks associated with consumption of this product.’: and (d) ‘For use only by adults twenty-one and older. Keep out of the reach of children.”
The films are clearly advertising and promotional notices for the business and products of Sea Change Cannabis. The YouTube description of the films provided by Sea Change Cannabis states:
“Sea Change Cannabis is one of the first recreational Washington dispensaries. Marijuana in Washington has a long and dark history. We cut our teeth growing marijuana in the black market and the gray market of medical marijuana. But in legalizing marijuana, Washington State has changed what growing weed means. This web series is our contribution to the conversation. Verde Noir explores the latest cannabis news, explores cannabis effects and the cannabis plant itself. We explore weed strains, including our beloved Chemdawg. We want to combine weed information with weed humor. We want to go beyond just making funny weed videos and pretty weed pictures, to really share how the weed laws in Washington affect us. As there are more states with legal weed, marijuana laws continue to evolve. We have marijuana for sale in the store, but we want to help explain the effects of marijuana on the brain, and what it is like to smoke weed. There is a long history of stoner movies, but they also continue to evolve. We believe the best stoner movies include some adult humor, yes, and also some pretty weed pictures – but they will include some stoner music and preferably a little weed cartoon. We have all of that, plus documentary interviews of marijuana growers, a lobbyist, the occasional weed cartoon, and lots of weed smoke (people have to get high). We like to get stoned and play music, so there is a lot of live music in our videos as well. Cannabis is a funny weed, for sure, and it brings out the humor in more and more legal weed states. Washington marijuana law sets precedents for other states as the sea change spreads across the nation. Marijuana growing has always been part of our culture, but as portrayed in stoner comedies, is filled with stoners and straights. We want to show the variety of experience people have with cannabis and the latest marijuana news.”
As a licensed retailer, Sea Change Cannabis is not permitted to publish such advertisements without following Washington state law and regulations regarding mandatory warnings and screening out youth.
Jim Scarantino was the editor and founder of Port Townsend Free Press. He is happy in his new role as just a contributor writing on topics of concern to him. He spent the first 25 years of his professional life as a trial attorney, then launched an online investigative news website that broke several national stories. He is also the author of three crime novels. He resides in Jefferson County. See our “About” page for more information.
The link RE Sandoval’s husband and son’s grow business goes to the leader but does not connect to anything else.