Duty Of Care (Photo Credit - Nick_Youngson)

“Duty of Care” is an Essential Concept for Any Cannabis Business

As a new cannabis license holder, you have many items on your to-do list when it comes to setting up and launching your business. And while it is easy to be consumed by getting your enterprise up and running, there is one thing you want to be sure you HAVE NOT missed: securing your business against an adverse incident when it comes to security and safety. Just one such incident could put your business in jeopardy. This is what we would refer to as The Next Chapter of your business, or, now that you have it, to keep it!

It all goes to one legal concept: “Duty of Care.” According to the legal dictionary, “A duty of care is the legal responsibility of a person or organization to avoid any behaviors or omissions that could reasonably be foreseen to cause harm to others.” In other words, if you are not proactive with obtaining the proper documentation, it increases the chances that you are more likely to be a defendant in a civil suit.

Obviously, no business owner can foresee all possibilities, but you should exercise a reasonable effort to try and mitigate any potential problems. That is why WJ Cousins and Associates recommend having a well-documented set of security policies and procedures, training for your employees, and a Crisis Management Plan. Having these will certainly help with your “Duty of Care” responsibilities. These policies and procedures should address two areas.


First, are the daily operational procedures. Having this reference and requiring your employees to read and acknowledge understanding will pay dividends for business operations as well as help in the event of a discipline or human resource issue.

Second, all cannabis businesses should have a Crisis Management Plan, which will provide specific guidance to leadership and employees for such events as an armed robbery or medical emergency.


Another threat to your business can be failures to be compliant with regulatory requirements. Recently, the Marihuana Regulatory Agency conducted investigations (or inspections) into several facilities which resulted in significant fines to the business owners. These issues could have been avoided by having documented procedures that would have ensured all security technology and procedures are functioning as required by regulations.


Having an experienced security partner at your side who has a specialization in the cannabis industry can help you make your new business venture a success and avoid the security pitfalls that can jeopardize your investment.

For more information about security policies, procedures, and crisis management plans, e-mail us or just call us at 248-783-7190.

Remember, you need to protect your investment!

[ Photo credit: Nick Youngson ]