The Role of Supported Decision-Making Agreement Forms in the Cannabis Industry
In the fast-moving world of state cannabis laws, it is hard to keep up. It is no different for the legal cannabis industry. We publish Info Hemp to help you find the information you need. Much of our content is niche because cannabis is an emerging market. Like hemp, the marijuana industry is still learning the ropes as it finds its way into the modern economy. But, that does not mean we can’t draw comparisons with established legal practices and how they may play out in things like legal decisions for legal cannabis businesses.
In past posts, we have looked at constitutional constraints on the legal cannabis industry, but now we are going to look at the role of a supported decision-making agreement form for things like medical decisions. This post will introduce supported decision-making agreement forms and how they could be applied in the cannabis industry (specifically for making medical or legal decisions for things like health care). Whether for making decisions for themselves or their businesses, this form can help protect the vulnerable in the cannabis industry.
A supported decision-making agreement form is an important tool. Simply put, it is noted as an alternative to power of attorney as a legal mechanism for ensuring good decisions are made in a variety of legal contexts. A power of attorney is an assignation of authority. It gives one person the authority to act on behalf of another person. By contrast, a supported decision-making agreement form preserves individual autonomy and allows individuals to make their own decisions, with support from others as needed.
A supported decision-making agreement form is a legal framework for retaining agency over key aspects of individual autonomy. The significance here, in the context of the cannabis industry, is that it can be used by a vulnerable person to ensure that decision-making power is not placed in the hands of an oppressive manager or caregiver in a business setting. For example, if an individual with intellectual or mental disabilities wishes to make their own decisions about their health care, then a family member could be appointed to act as a support person. The family member could advocate on their behalf with health care providers as needed.
In the context of a legal situation, a person with a mental disability may wish to approach their lawyer to retain direct decision-making authority over a case. Their lawyer could assist and help them understand options for litigation, while also making their own decisions over how to move forward. This type of relationship will help center the focus of a case on the individual. Not only can the individual hold the decision-making authority, but the supports around them will have the necessary information to help them make decisions in their best interests.
This is crucial for medical and legal decisions, including when it comes to using cannabis or hemp products to manage physical or mental disabilities. The individual retains control over what decisions they make for themselves, which can result in better health care and legal outcomes. Ultimately, this will set the individual up for success and an autonomous life. That is vital for both hemp and cannabis.
Much of the backlash against the legalization of cannabis derives from people’s fear that individuals will not be able to make their own decisions. In fact, clear representation can bolster the case for cannabis legalization. This may seem exceptional, but the individuals business owners are most likely to support include the vulnerable and middle-to-lower class. That is what hemp and cannabis businesses are largely doing. They provide underrepresented individuals with a place to work as well as provide them with products that will enhance the quality of their lives-aiding in things like PTSD or chronic pain.
When it comes to hemp, the impact is just as significant. Those in business or other legal areas often use cannabis indiscriminately while blaming potheads for their social problems. However, at the same time, it is not usually the serpent or ivory tower type that smokes before a long meeting or in the evening as a night cap. Those who are using it for value are typically low-to-middle class who need help managing their problems and the high costs of help-think lawyers and doctors.
When they are empowered to make their own decisions, while still being able to learn about their options, it makes for a more realistic and sustainable industry. Ultimately, the value of a supported decision-making agreement form comes down to responsibility. Individuals in the cannabis industry need to be responsible for their own decisions. However, they also need access to information to give them choices about what is best for their lives.
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