Security Expert Witnesses in the Cannabis Industry

Cannabis businesses, especially dispensaries, are considered high-risk businesses due to the high value of the cannabis products on-site and large volume of cash. Like any high-risk businesses, cannabis businesses can be at an increased risk of incidents on the property that may result in litigation. This may include robberies, burglaries, injuries, or other incidents that occur on the premises of the business, whether or not the incident was caused or worsened by the business. When this occurs, businesses should consult with cannabis security professionals with experience serving as security expert witnesses to evaluate security and add credibility to their case.

What Do Security Expert Witnesses Do?

While proactive security is always the best way to protect people and assets, businesses may still find themselves in need of a security expert to consult or testify on their behalf. Should the business incur a lawsuit, this security professional may be tasked with drafting an Expert Witness Report to aid in strengthening their case. The Expert Witness Report is a legal document which states the security professional’s expert opinion on the case based on their relevant education and experience. This opinion considers the facts of the case, security standards and best practices, and applicable law. While drafting their expert opinion, security professionals may conduct site visits to assess physical security, interview witnesses and/or other involved parties, and watch video surveillance footage, as well as review police department files and reports of the incident.

Security expert witnesses may also be asked to testify during trial on behalf of their client. When this occurs, security expert witnesses may be asked to defend their position stated in the Expert Witness Report, so it is crucial that the document is factual and compliant. If the Expert Witness Report is inaccurate or noncompliant, the security expert witness could be barred from testifying altogether.

What Topics Do Security Expert Witnesses Cover?

One of the most common topics for any business evaluated by security expert witnesses is negligent security. This can occur at any business and can cause serious risk to the safety and security of customers, employees, and other individuals on the property. Should a criminal incident occur on the property, ownership and management of the property could be held liable for not ensuring sufficient security to prevent the criminal act from occurring. Additionally, businesses can be sued for unsafe conditions that could cause accidental injury or harm to individuals on the property.

Other common topics addressed by security expert witnesses are the sufficiency and implementation of written procedures for management, employees, and security personnel, as well as hiring, training, and oversight for these positions. Security expert witnesses may also evaluate the physical security measures in place at the business, such as video surveillance, alarms, and access control. Additional topics covered by security expert witnesses include: insufficient security; use of force; and the foreseeability of a crime or other incident occurring.

Needs in the Cannabis Industry

Like any business, cannabis businesses are not immune to crime or accidents occurring. If an incident occurs that results in litigation, business owners and management should consult with a security professional in the cannabis industry with experience acting as an expert witness. Security expert witnesses add credibility to a legal defense and can be used to evaluate security and compliance issues. State cannabis markets have enacted their own regulations designed to ensure security and safety, and cannabis businesses are still required to follow other applicable non-cannabis laws, such as zoning and building codes, ADA compliance laws, or security and safety standards.

Taking proactive steps to prevent incidents from occurring on the property is one of the most effective ways of avoiding litigation for security or compliance issues. Consulting with a security professional before an incident occurs can prevent one from occurring in the first place. Security experts can perform an on-site risk assessment to determine the specific risks faced by a business and provide security solutions for remedying them.

How Can Sapphire Risk Help?

Tony Gallo and the team of consultants at Sapphire Risk Advisory Group are experienced in conducting risk assessments and serving as security expert witnesses for businesses in the cannabis industry. Follow us on social media to stay up to date with more security best practices and cannabis industry updates!