Andrew Brisbo’s Departure And The V. I. Lenin Methodology
by Tim Beck
On August 9, the Michigan cannabis community was rocked by an announcement from the governor’s office that Cannabis Regulatory Agency (CRA) director Andrew Brisbo will be leaving his post in September to assume a new position in state government. He will be leaving the CRA to head the Michigan Building Codes Department. Accordingly, he will also be resigning as head of the National Cannabis Regulators Association, a position he was elected to by his national peers.
According to the government watchdog website Open the Books, at the end of 2021, Brisbo was drawing a salary of $152,466.16 and was classified as a senior management executive under civil service rules.
Across the board, top level cannabis groups ranging from the Michigan Cannabis Industry Association to the Michigan Cannabis Manufacturers Association to Michigan NORML had nothing but good things to say about his tenure in statements to the media. At the Michigan Cannabis Industry Association summer conclave at Shanty Creek Resort in Northern Michigan, on August 10-12, the couple hundred or so industry executives, lobbyists, elected officials, and small canna business owners in attendance were virtually unanimous in their praise of Brisbo and in their bewilderment as to why he was moving on. He was most appreciated for his openness, accessibility, and lack of pretense.
On the other hand, in social media and private Listserv posts, the knives quickly came out. People who hated Brisbo for one reason or another expressed their satisfaction at his demise. Some had not gotten what they wanted from the CRA. Others blamed his decisions for the collapse in flower prices through overproduction, leading to big layoffs and major pain in the Michigan cannabis market. Others accused him of playing footsie with big cannabis businesses and bending the rules for their benefit. Some said the Viridis Labs recall disaster was the nail in his coffin.
The governor’s office did not have much to say about Brisbo. Governor Gretchen Whitmer’s media spokesperson, Bobby Leddy, did not mention Brisbo by name in a statement to the media. Instead, he declared, “We are proud of the incredible team at the CRA for establishing Michigan as one of the top cannabis markets in the country.”
At this juncture, it seems only the governor’s inner circle and Brisbo himself really know what went down and why. It is likely to remain that way for some time.
On the other hand, there is a time-tested method to discern these things and get closer to reality.
Bolshevik leader Vladimir Ilyich Lenin, who took over Russia early in the 20th century, had millions killed, and ensconced himself at the top of the newly created Soviet Union, gave real-time advice to those confused by a political development. Lenin’s advice was to “ask oneself who does the action benefit, and you will have a good idea where it is coming from.”
Using the Lenin methodology, the biggest beneficiary in all this is Governor Whitmer.
For a tough and remorseless partisan political player who leaves nothing to chance, Whitmer gains some advantages with Brisbo’s removal. Specifically, it seems to inoculate her from the fallout from a number of cannabis-related issues swirling around.
First, there is the growing crisis (for some people) over the explosion in Michigan flower production, which has caused prices to collapse, layoffs in the industry, and many small operators to shut their doors. Deep-pocketed major players, too, are disappointed that the gold mine they expected is turning into fool’s gold. With “Croptober” coming up soon, some industry pundits are predicting an even deeper disaster, as thousands more pounds of newly harvested weed hits the market. Brisbo has been blamed for the overproduction problem by allowing “license stacking” and creating a special Excess Grower License.
There is also ongoing fear associated with the infamous Viridis Labs testing debacle. Last November, Brisbo’s agency instituted a $230 million recall of cannabis tested by Viridis Labs. Lots of damage was done to many parties and the CRA does have clean hands. The issue is still in litigation and it is possible Viridis could win in court. Such a win may cost the state of Michigan millions in damages. During this brouhaha, Republican legislators pointed at the CRA and suggested it was to blame for the Viridis problem. While GOP leaders are not known for liking weed, they have no problem using any tool in the box to keep or attain power. The governor can now claim to have preemptively gotten a handle on the problem by removing Brisbo.
While the owners of Viridis Labs may be delighted by Brisbo’s plight and are said to be very well connected, it is not likely they had any direct hands-on role in a decision that was ultimately made by Governor Whitmer.
Finally, as a special torte de la creme, when the new CRA was created out of what was originally the Marijuana Regulatory Agency (MRA), the director position was removed from civil service (Brisbo was grandfathered in and that’s why he is still on the state payroll) and the position is now a political appointment made by the governor. That is a big plum for Whitmer to be able to hand out to one of her loyal supporters or a would-be ally. The CRA director spot is a glamorous, high-visibility job, controlling an ascendant segment of the Michigan economy.
Some folks suggested that Brisbo was also a beneficiary of Whitmer’s move and can now get a lucrative job in the cannabis industry. Others are not so sure. There happens to be a clause in the rules that says he cannot take any cannabis industry position for four years in the state of Michigan. Some legal eagles say this clause could also be interpreted to mean anywhere in the U.S.
Nonetheless, when all is said and done, it seems lots more people regulated by his department liked and respected Andrew Brisbo, as opposed to those who are gloating over his current demise.
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