NCIA was founded on the principle of power in numbers. The thousands of American businesses involved in the state-legal cannabis industries represent a tremendous economic force in this country. As the industry’s national trade association, NCIA works every day to ensure our growing business sector is represented in a professional and coordinated way on the national stage. That’s why one of the most powerful ways our members can take action in the movement to reform federal cannabis policy is to recruit new member businesses.
NCIA Ambassadors receive hoodies!
NCIA would like to thank and recognize our members who have gone above and beyond in supporting our work by becoming official 2017 NCIA Ambassadors.
One Ambassador was randomly selected out of 86 to win a prize:
These Ambassadors have recruited 3 or more members and will receive complimentary registration to one of our national conferences and receive a complimentary NCIA hoodie.
This month, NCIA highlights Phylos Bioscience based in Portland, Oregon. Co-founder and CEO Mowgli Holmes is a molecular and evolutionary biologist and was a National Research Service Award Fellow from Columbia University. He is a founding board member of the Cannabis Safety Institute and the Open Cannabis Project, and is Chair of the Oregon State Cannabis Research Task Force.
Phylos Bioscience
Member Since:
May 2015
Business Category:
Analytical Testing Laboratory
Tell me a bit about your background and why you launched your company?
In 2013, the industry was just starting to blow up, but it had basically zero science. There was a really clear need for a company focused on studying the cannabis genome — one that would be able to make genetic tools available to the industry.
But I think it just so happened that I was one of the very few scientists at the time who was between jobs, and had a background in genetics, roots in Oregon, and an unashamed enthusiasm for weed. I was the right mix of New York and Oregon at the right time. Or the right mix of geneticist and hippie.
Most scientists are still too freaked out by cannabis to dive in. Isn’t that silly?
What unique value does your company offer to the cannabis industry?
Our team of scientists has the expertise to leverage genomic data into products and technology that growers really need. But what’s most unique about Phylos is that we have a genomic database of different cannabis varieties that is significantly larger than any other. It took years to collect it, and it took the help of the American Museum of Natural History, as well as a huge amount of trust-building in the industry. This database is the foundation of everything we do, and it would be very hard for anyone else to recreate anything like it.
Cannabis companies have a unique responsibility to shape this growing industry to be socially responsible and advocate for it to be treated fairly. How does your company help work toward that goal for the greater good of the cannabis industry?
We actually do a ton of “activist” stuff. We started a nonprofit to drive rational safety testing guidelines (Cannabis Safety Institute). We started another one to block big corporations from patenting cannabis varieties (Open Cannabis Project). And for more than a year I hung around the state capital constantly, helping to write the laws and rules that structure the Oregon industry, and serving as the Chair of the Oregon State Cannabis Research Task Force. We drafted laws that helped small growers, and laws that supported cannabis research, and we wrote the study that led to Oregon’s strict pesticide testing rules.
In general we’ve just let ourselves get dragged into this very politicized industry, and tried to fight for the idea that legalization should mean that the people who started this industry should be legalized, not replaced.
What kind of challenges do you face in the industry and what solutions would you like to see?
We’re lucky because we’ve always found ways to do our work while still staying federally legal. So obviously the whole industry needs banking, 280E relief, protection from the federal government, etc. But Phylos doesn’t directly need any of that — we just need it because we want the industry to be strong and sustainable. The biggest problem for us is the lack of research, and the federal government’s continuing unwillingness to make real cannabis research possible. And actually that’s one thing that could be fixed easily if there was just the will to do it in D.C.
Why did you join NCIA? What’s the best part about being a member?
Well, the conferences are some of the best out there. And there’s a real sense that instead of them just being another commercial conference, they’re actually run by an organization that is fighting for the industry, and taking on the hard challenges of federal lobbying and so on. I’m also on the NCIA Scientific Advisory Committee, and it’s great to see the commitment throughout the organization to working for things (like reasonable testing regulations) that the whole industry needs in order to function.
2017 Year In Review: NCIA’s seven year history
Last year represented the most robust growth phase for NCIA in our seven-year history. The increase in membership and revenues has allowed us to expand our presence in Washington, D.C., provide better benefits and service to our members, and produce the best events in the industry.
Organizational Highlights
NCIA membership rolls increased by 40% during 2017 and NCIA is beginning the year with 1,530 dues-paying members.
Increased revenues allowed increase our budget for lobbying and public affairs on behalf of the cannabis industry by over 60%.
NCIA launched its Policy Council which has led the development of four policy white papers and has generated additional funding for our work in Washington, D.C.
NCIA worked with the Governors of the first four states to regulate marijuana to generate a sign-on letter urging the administration not to interfere with their states’ cannabis programs.
As we enter into our 8th year as your national industry association, we’re grateful to our more than 1,500 member businesses across the country who make our work possible. This year, it is more important than ever to unify as an industry and make our voices heard in the halls of Congress. Start planning now to join us in Washington, D.C., on May 21-23, 2018 for our 8th Annual Cannabis Industry Lobby Days. Let’s stand together and show our nation’s decision-makers what a legitimate, responsible cannabis industry looks like. See you in D.C.!
NCIA Committee Updates: A quick look at what our committees have been up to.
by NCIA’s Membership Department
NCIA committees are an opportunity for members to get directly involved in specific industry issues and sectors. These volunteer-driven efforts engage members’ expertise and passion to drill down in of expertise and passion to effect change, provide professional development opportunities, and develop best practices and guidelines that will shape the future of our industry.
Since launching in June 2017, NCIA’s member-led committees have been working at a lightning pace to develop content and help push the industry forward. Our committees are working on things like bests practices, white papers as well as developing content for our upcoming informational webinars.
Stay tuned for your chance to get involved, applications for the 2018-2019 committee term will open in the late spring of 2018.
The “MAC” has hit the ground running and hasn’t looked back since getting going 7 months ago. Aside from working on a Colorado state marketing and advertising regulations guide, they are also working hard developing a PR crisis manual for cannabis businesses. If that doesn’t sound like enough, their aim for the year is making inroads with Google, Facebook, and Instagram to discuss fair marketing and social media services. ___________________________________________________________________
SAC (Scientific Advisory Committee)
Co-Chair: Markus Roggen, PH.D outco Co-Chair: Paul Muchowski, PH.D Dr. Paul’s
The “SAC” works on educating the public on the scientific basis and medical benefits of cannabis by assisting NCIA committees with tasks that involve science (e.g. Testing Policy Workgroup). This committee is also involved in content selection for NCIA conferences to ensure scientific quality. ___________________________________________________________________
IPC (Infused Products Committee)
Chair: Adam Gillman Field Vice-Chair: Todd Winter Winter LLP
The “IPC” has begun coordinating with testing labs throughout the country to create a set of standards meant to increase accuracy and reliability of cannabis testing. The committee also has a goal of developing recommendations regarding dosing standards for edible/ingestible products. _________________________________________________________________
The “CCC” has set out with the goal of creating a guide called “Metrics that Matter,” the purpose of which is to help growers maximize cultivation efficiency. With this in mind they have assembled committees in four key areas – lighting, environmental controls, inputs, and precision technology to help develop this guide. ___________________________________________________________________
The “LBC” is hard at work developing an education program on the 280E tax code to help bring clarity to business owners. They are also working on bringing awareness and educating financial institutions on banking the industry through various means, including their recently published White Paper,Investigating the Role of Financial Institutions in the Legal Cannabis Industry(Click the link to read the report). ___________________________________________________________________
The “PLC” was formed to help the industry understand packaging and labeling compliance, which consist of a complicated patchwork of separate state laws. They are in the process of creating a packaging and labeling best practices blog that will share real industry experiences of package labeling and child resistance challenges and are developing content for NCIA’s upcoming webinars informational series. ___________________________________________________________________
The “RCC” is currently working on blog topics to be featured on NCIA’s website and newsletter while developing topics and content and working with NCIA to build out the robust webinar series planned to launch in 2018. __________________________________________________________________
“FISC” has separated into subcommittees: Contracts, Risk Management, and Insurance with the goals of developing white papers for each. Risk Management’s white paper, “Mitigating against the coming wave of cannabis false advertising and unfair competition claims” is almost ready for publication. Stay Tuned! _________________________________________________________________
Cannabis Industry Employee? Take this quick survey.
Help US help YOU create positive workplace cultures with thousands of satisfied and happy employees by encouraging (and creating incentives for) your employees to complete the first cannabis industry employee engagement survey. The survey takes only 5-10 minutes to fill out and is completely anonymous.
Overall Worker Satisfaction · Worker Needs and Desires around Benefits · Worker Desires around Community Engagement opportunities
Who should take this survey? Employees of direct-to-plant cannabis companies, including cultivation, retail, and processing and manufacturing from MIPs and concentrate companies, with a heavy focus on Colorado-based companies.
Cannabis companies that self-report participation of over 90% will receive recognition by NCIA in the future report. One lucky participant will even win a complimentary Seed To Sale Show 2018 registration.
We believe the results of this survey will provide immeasurable value as companies within our industry seek to build happy and fulfilling work environments. The results will be analyzed and compiled into a comprehensive report which will be shared with the cannabis industry at large.
Juicing is an increasingly popular health trend. Many people, from nutritionists to athletes, are consuming pressed vegetable juices to get the nutrients contained in leafy greens like spinach and kale. But what about cannabis?
Health Benefits of the Cannabis Plant
The leaves of the cannabis plant are rich in antioxidants, polyphenols and antibiotics, along with cancer-reducing and anti-inflammatory compounds. In fact, the U.S. federal government found in pre-patent research that CBD, which is a cannabinoid found in raw cannabis, is a stronger antioxidant than vitamins C or E.
Along with its nutritional value, raw cannabis can provide therapeutic effects and promotes basic cell function – activating receptors in your brain, releasing antioxidants, and removing damaged cells from the body.
Studies have also shown that consuming raw cannabis has the potential to treat lupus, arthritis and neurodegenerative diseases, help stimulate appetite and decrease nausea, prevent the spread of malignant prostate cancer cells, and prevent cell damage that can lead to serious illness and poor health.
Consuming Raw Cannabis
Consuming raw cannabis does not cause the “high” feeling that one gets when smoking cannabis or consuming it via edibles. This is beneficial for those who do not enjoy the psychoactive feeling often associated with marijuana.
By consuming the plant raw, one can receive all the nutritional and health benefits of the plant without feeling stoned. In fact, it’s been reported that you lose 99% of the health benefits of the cannabis plant when you smoke or cook it.
Juicing marijuana is the easiest and most convenient and way to consume the nutrients found in raw cannabis. Juicing the leaves of raw marijuana extracts essential minerals, vitamins and antioxidants, including:
Iron
Zinc
Calcium
Potassium
Selenium
Carotenoids
In terms of dosage, one suggestion is to consume 30g of fresh cannabis leaves per day.
Tips for Juicing Raw Cannabis
Add in 2- to 4-inch buds and 15 large fan leaves into a juicer. You can use the juice in smoothies with other vegetable and fruit juices, or freeze the juice to make ice cubes. Freeze leftover leaves to preserve their nutrients for future juicing.
Additional Tips for Juicing Cannabis:
Don’t use dry cannabis or nuggets that have already been cured for smoking.
Look for small, sticky crystals on the flowers and make sure that buds are amber colored.
Combine 1-part cannabis juice to 10-parts carrot juice to help reduce cannabis bitterness.
Additional Raw Cannabis Information
When incorporating raw cannabis into your diet, there are side effects to consider, including allergic reactions, possible ingestion of insecticides and pesticides, and compromised immune system from possible pathogenic exposure.
Consuming raw cannabis isn’t the best solution for fast symptom relief. Typically, it takes about three days to notice benefits. For some, the benefits may not be noticed for four to eight weeks as the nutrients build in your system.
To learn more about the benefits of cannabis, or to find a medical marijuana-recommending physician near you, visit MarijuanaDoctors.com.
Jason Draizin is the Founder and CEO of the Medical Cannabis Network and MarijuanaDoctors.com. Founded in 2010, MarijuanaDoctors.com is a secure portal for qualifying patients looking to connect and schedule an appointment with medical marijuana-certified physicians. The site has assisted in the certification of more than 300,000 patients in the U.S., and has established a network of more than 700 physicians nationwide.
Department of Justice Rescinds Cole Memo: Here’s what to expect
This morning, Attorney General Jeff Sessions announced the Department of Justice’s move to rescind the “Cole Memo” and two additional memos related to marijuana enforcement policy. These memos, issued in 2013 and 2014, have helped to clarify the Department’s response to state-legal cannabis activity.
This is disturbing news for the cannabis industry and the majority of U.S. voters who support legal cannabis. However, the rescinding of this memo does not necessarily mean that any major change in enforcement policy is on the horizon. This has been, and still will be, a matter of prosecutorial discretion.
NCIA’s team in D.C. is working tirelessly to ensure that the administration and the Department of Justice uphold President Trump’s campaign promise to not interfere with state-legal cannabis programs by making sure they understand that regulated cannabis is successfully undercutting the criminal market, while funding important state programs.
At this time, it’s critical the cannabis industry unify to amplify that message so it’s crystal clear. It’s also imperative that Congress take action to align federal legislation with the majority of states, which now allow some form of legal cannabis.
One pressing issue before Congress is Senator Leahy’s appropriations amendment which would prevent the DOJ from using resources to undermine state medical cannabis laws. (The Senate’s version of the Rohrabacher-Blumenauer Amendment in the House.)
Please call your U.S. Senators today and urge them to include the Leahy Amendment in the upcoming Omnibus Appropriations Bill.
Talking points to help guide your call are included on our online action page.
To learn more about NCIA’s advocacy efforts or the NCIA-PAC, please contact NCIA Government Relations Manager, Michelle Rutter by emailing Michelle@thecannabisindustry.org.
And, of course, if your business is not yet a member of NCIA, please join today so that we have the resources we need to prevent any rollback of the progress we’ve made in recent years.
The End of Prohibition in California: An Interview with Berkeley Patients Group
At the conclusion of the first week of adult-use cannabis sales in California, we spoke to Sabrina Fendrick, Director of Government Affairs of Berkeley Patients Group, to get a picture of their recent launch into the adult-use cannabis market. Berkeley Patients Group has been serving patients in the Greater East Bay Area of Northern California since 1999 and is a founding member of NCIA.
Sabrina, what was the process like for Berkeley Patients Group to apply for an adult-use cannabis license in California?
What we got was actually a temporary license, so the process for that is not as onerous or complicated as the annual process. We submitted our local authorization, site plan, and landlord approval. We did this three times, one for adult-use sales, one for medical sales, and one for distribution.
We had to work very closely with the city of Berkeley to make sure we had all of our ducks in a row, which was a little bit complicated because Berkeley had a ban on adult-use commercial cannabis activity. We engaged with the mayor and city council to get a “carve out” for us since we are a Berkeley institution as the nation’s oldest medical cannabis dispensary. We were intensely involved in conversations with regulators like the Berkeley Cannabis Inspector Mark Sproat throughout the whole process. We had it a little easy actually since we’ve been around for many years, as we were established in 1999.
When did you learn you had been awarded the license and how did your team react?
We learned on December 15th that we had received all of our licenses at about 4pm on a Friday, and the whole team was elated. There was perhaps even a little anxiety in wanting to make sure we had everything ready to roll out on January 1 to start offering cannabis to adults in California.
The first few days have been generally pretty smooth. There are a few questions surrounding process and operations to figure out as we go, but the whole roll out process has been smooth. Not a whole lot has changed except we’re getting longer lines, and we’re making sure that our systems are in place to be fully compliant with state law and all of the staff training required to go with that.
What is your reaction to the recent news of AG Jeff Sessions announcing on January 4th to rescind the Cole Memo?
We fully intend to keep serving the Berkeley community and the surrounding area as a state-licensed locally-operated compliant business. Further action on behalf of the Attorney General and the Department of Justice remains to be seen, but we do have support from local politicians and regulators.
We’re confident that public opinion and federal protections will continue to support the will of the voters and states’ rights. The DOJ should be using law enforcement resources to go after real criminals committing real crimes, and not enforcing an outdated, archaic policy that has almost no support from the general public.
As is traditional on the first day of adult-use sales, did Berkeley Patients Group make its first sale of cannabis to anyone noteworthy?
Yes, longtime California cannabis activists Mikki Norris and Chris Conrad were sold the first cannabis purchase in our dispensary. They were both spokespeople for Proposition 64 all the way back to Proposition 215, so it was an honor to make the first sale to people who were actively involved in reforming these laws in California.
VIDEO: 2018 Quarterly Cannabis Caucus event series returns to a city near you
NCIA’s popular Quarterly Cannabis Caucus event series returns to a city near you in January! Watch this video to learn more about the event series and to hear from NCIA members why you should attend. This event is free for NCIA members, and just $50 for non-members.
In this month’s Member Spotlight, we spoke with Marion Mariathasan, CEO of Simplifya. The company provides tools for scheduling, audit management, and tracking issues, giving users a 360-degree view of their compliance. The company was founded in 2016 by partners from Vicente Sederberg, the law firm that led Colorado’s Amendment 64 campaign, and investors with proven track records in tech start-ups.
Cannabis Industry Sector: Information Technology and Software
NCIA Sustaining Member Member Since: October 2016
Marion, tell us a bit about your background and why you launched your company?
I immigrated to Kansas from Sri Lanka when I was 9 years old. I attended both University of Kansas and Emporia State University studying Architecture, Computer Science and Computer Information Systems. After graduation, I took on my first technical role with a medical software company. Since then, I’ve been fortunate enough to have held management and executive level positions with incredible companies – large and small. In addition, I’ve been blessed with the opportunity to have either founded or be involved with many new startup-ups over the years.
Most recently prior to Simplifya, I was one of the founders of a tequila brand. After years of building and distributing the brand nationally, in 2015, we took an exit from the tequila business.
Soon after the exit, I reached out to a good family friend to learn more about the cannabis industry. The good friend happened to be Christian Sederberg of Vicente Sederberg. After a few discussions with Christian and a few others at Vicente Sederberg, it became obvious that the burgeoning cannabis industry needed an enterprise-level software solution to help the highly regulated industry tackle the everchanging compliance needs in a cost-effective and efficient way. After months of discussions and planning, in early 2016, Simplifya was born.
What unique value does your company offer to the cannabis industry?
Simplifya’s Brooke Butler presenting
Simplifya distills complex state and local regulations into a straightforward simple series of yes-or-no questions to generate management and audit reports, identify areas of noncompliance, and hold employees accountable for remediation. Simplifya helps save business owners time and money while providing them peace of mind by staying current with ever changing state and local regulations in real time and streamlining the overlap between jurisdictions and license types.
Simplifya also gives businesses the ability to atomize and store their own customized checklists and SOPs and then assign out those checklists to specific employees enabling companies to monitor business activities and employee performance.
Cannabis companies have a unique responsibility to shape this growing industry to be socially responsible and advocate for it to be treated fairly. How does your company help work toward that goal for the greater good of the cannabis industry?
The cannabis industry at the state and local level has an opportunity to demonstrate that it is worthy of the changes it is seeking at the federal level. There are a number of ways to do this, but creating and maintaining a strong compliance profile is an essential building block. It’s true for regulators, who want to show they are effective with their regulations and enforcement; and for marijuana business owners, who need to overcome the stereotype of being underground operators that don’t care about compliance. By behaving like the best players in other highly regulated industries, and doing things like developing robust compliance programs, actively participating in the rule-making process, and ultimately placing a very high priority on compliance as a path to success, the industry can continue to propel itself toward federal legalization.
Simplifya wanted to be able to provide a simple and affordable tool the industry could use to be able to more easily comply with ever changing regulations and enable them to be able to spend more time focusing on their core business and perfecting their craft.
Why did you join NCIA? What’s the best part about being a member?
One of the first checks that Simplifya wrote when we launched in 2016 was membership dues to the NCIA because we strongly believe the cannabis industry needs strong representation and lobbying power on the national level. We are all working in our own ways to pave the way forward for the cannabis industry and being able to come together as a group of industry leaders with one voice is truly powerful and exciting.
My favorite part of being an NCIA member is the chance to meet all of the other interesting and accomplished men and women that are a part of growing and changing this emerging industry. Many of the NCIA members I met at my first NCIA event shared their own invaluable experiences and insights that helped guide me and Simplifya when we first started this adventure into the cannabis industry. It is so empowering to be a part of an organization like the NCIA that provides forums and regular opportunities for us to help each other grow and succeed.
2018 NATIONAL CANNABIS INDUSTRY FORECAST
Michelle Rutter, NCIA
by Michelle Rutter, NCIA Government Relations Manager
With the beginning of 2018, we start another election year. Multiple states in the midwest are running medical cannabis ballot initiatives, while Vermont is set to become the first state to legalize adult-use cannabis through the state legislature. In Washington, D.C., policy moves at a slower pace, but with Attorney General Jeff Sessions in office, it’s important to remain vigilant. Let’s take a look at what may happen in cannabis policy across the country:
MEDICAL CANNABIS POLICY
UTAH
The Utah Patients Coalition (UPC) is leading a 2018 ballot campaign to establish a medical cannabis program. The initiative seeks to protect terminally and seriously ill patients with specific debilitating medical conditions, including HIV/AIDS, PTSD, and chronic pain, among others. In addition, the initiative allows for caretakers to administer medical cannabis and would issue four types of licenses if passed: cultivation facilities, processing facilities, independent testing laboratories, and dispensaries.
The Chairman of the Senate Finance Committee, Orrin Hatch (R-UT) has introduced a medical cannabis research bill, and has even said on the Senate floor that medical cannabis can be an alternative to opioids. Passing the 2018 ballot initiative in his home state of Utah will be critical to furthering advocates’ work at the federal level.
A recent poll done by the Salt Lake Tribune found that 3 in 4 Utahns support legalizing medical cannabis. The campaign must collect 113,143 signatures from registered voters in order to qualify for the ballot. As of October 2017, the coalition had already garnered 20,000 signatures.
MISSOURI
A group called New Approach Missouri has formed and is in the process of collecting signatures for a proposed constitutional amendment to their state constitution that would legalize medical cannabis. The initiative would create a statewide system for production and sale of medical cannabis and provides for limited and regulated patient cultivation. Interestingly, the initiative levies a four percent retail tax, but all revenue in excess of the cost of regulating the medical cannabis program will go towards Missouri’s veterans.
New Approach Missouri must to collect 160,199 valid signatures from registered voters in order to be placed on the ballot. As of December 2017, the campaign had collected roughly 100,000 signatures. A poll done in 2015 showed that 85% of Missourians support implementing a medical cannabis program.
OKLAHOMA
Oklahomans for Health is the proponent of the upcoming state question SQ788, which would create a medical cannabis program. Obtaining a state-issued medical marijuana card would require a board-certified physician’s signature, though there are no specific qualifying conditions. The measure would enact a seven percent tax on marijuana sales, with revenue financing regulatory costs. Any surplus would be distributed: 75% to the General Fund to be used for education, and 25% to the Oklahoma State Department of Health to be used for drug and alcohol rehabilitation.
The initiative has already qualified, and will appear on the ballot in November 2018. Polling data is scarce, however, a 2013 poll showed that 71% of Oklahomans supported legalizing medical cannabis.
SOUTH DAKOTA
A group known as New Approach South Dakota is behind an effort to legalize medical cannabis in 2018. The group was also hoping to submit signatures to legalize adult-use cannabis, but was unsuccessful. The measure would set an excise tax on marijuana that would include a $50 per ounce tax on cannabis flower for buyers, and would have other taxes apply to buying immature plants and other parts of the cannabis plant.
In November 2017, New Approach South Dakota submitted roughly 15,000 signatures to qualify for the ballot- that’s just 1,000 more than required. The state hopes to review submitted ballot initiatives in the coming months.
ADULT-USE CANNABIS POLICY
MICHIGAN
The Coalition to Regulate Marijuana Like Alcohol has officially submitted ballot language to the State of Michigan that would legalize consumption and possession of marijuana for adults 21 and over in Michigan. The proposal enacts an excise tax on marijuana at the retail level in addition to the standard state sales tax and provides for state regulators to grant business licenses for cultivators, processors, testing facilities, secure transporters, retail stores and microbusinesses.
In November 2017, the Coalition to Regulate Marijuana Like Alcohol turned in more than 360,000 signatures to qualify for the ballot– that’s 100,000 signatures beyond the 252,000 required by the state. Polling done in early 2017 showed that 57% of Michiganders would support legalizing cannabis.
VERMONT
Vermont is poised to make history and become the first state to legalize adult-use cannabis through the state legislature in early 2018. In December 2017, Vermont House Speaker Mitzi Johnson (D) said, “It will be up for a vote in early January. I expect that it likely will pass in early January.”
The state came incredibly close to passing language that would have legalized adult-use cannabis back in 2017, however, the legislature was unable to make changes Governor Phil Scott (R) requested before the session ended. The Governor has since stated that he is “comfortable” with signing legalization legislation.
OHIO
The group that unsuccessfully ran a ballot initiative in 2015 to legalize cannabis in Ohio is making a comeback in 2018. In December 2017, a team announced that they will work to place a cannabis legalization measure on the ballot in 2018. Known as the Regulate Marijuana Like Alcohol Amendment, the measure would allow people over the age of 21 to purchase and use cannabis legally. The amendment would also create a taxed and regulated cultivation, processing, and sales system.
Valid signatures from 305,592 registered voters are required before July 4, 2018, in order to qualify the measure for the ballot.
NEW JERSEY
Unlike New Jersey’s Governor Chris Christie (R) , Governor-Elect Phil Murphy (D) is setting a positive tone on cannabis in the state. Murphy has advocated for legalization multiple times, and even made one of his campaign promises to legalize adult-use cannabis in his first 100 days in office.
Democrats in the state legislature have already introduced multiple bills to tax and regulate adult-use cannabis, predicted to be worth more than $1 billion in the state. The full legalization bill currently being considered is S3195, sponsored by state Senator Nicholas Scutari (D). Sen. Stephen Sweeney (D), the state senate’s president, has already promised to pass the bill within the first three months of Murphy’s administration.
Recent polling shows that over 60% of New Jersey residents support legalizing cannabis.
CANNABIS DECRIMINALIZATION
VIRGINIA
In November 2017, voters in Virginia elected Ralph Northam (D) as their next Governor. Northam made cannabis decriminalization a centerpiece of his gubernatorial campaign, and has even spoken about the hemp cultivation and the medical benefits of cannabis.
Virginia lawmakers considered but did not act on decriminalization legislation during the 2017 session. However, with the State Crime Commission conducting a study on the effects of decriminalization in the state at the request of the Republican Senate majority leader, advocates remain hopeful in 2018.
FEDERAL CANNABIS POLICY
While 2018 is shaping up to be a busy year for cannabis policy at the state level, things will likely move slowly in Washington, D.C. NCIA will be working to ensure language protecting medical cannabis patients (the Rohrabacher-Blumenauer amendment, formerly known as the Rohrabacher-Farr amendment) remains in federal law. NCIA will also be lobbying to expand that language to apply to adult use states (McClintock-Polis amendment) and to include a banking amendment that would allow cannabis businesses access to financial services (Heck amendment).
As leadership in both houses of Congress continue to negotiate the final version of the tax reform bill, there will be opportunities next year for Congress to make additions and changes on future individual tax legislation. NCIA will be looking at any possible avenues to have 280E legislation be included in future bills if the opportunity arises. Action on the cannabis banking bill is unlikely in 2018, however, NCIA will continue to advocate for a committee hearing, gather more cosponsors on HR 2215: The SAFE (Secure and Fair Enforcement) Banking Act, and work to identify a Republican lead sponsor for the bill in 2019.
NCIA will also be working to ensure that the Cole Memo remains in place. Attorney General Jeff Sessions has recently said that the Department of Justice will be reviewing current memos, and that “Guidance documents can be used to explain existing law… but they should not be used to change the law or to impose new standards to determine compliance with the law… This Department of Justice will not use guidance documents to circumvent the rule-making process, and we will proactively work to rescind existing guidance documents that go too far.” While Attorney General Sessions is very clearly personally opposed to cannabis, it’s important to note that personal feelings are not official Justice Department policy.
In addition, NCIA is working behind the scenes to educate the Trump Administration on cannabis policy, maintain the Cole Memo, protect cannabis patients and consumers, and make positive remarks regarding medical cannabis in 2018.
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